Question

Jenny has recently begun running her own successful small business, called “Dazzling Dogs”. This is a day care centre and boutique for dogs providing day care, grooming treatment, food, and designer clothes and accessories.

In growing her business, Jenny has used her creative talents to produce new ideas and new products. Jenny has developed the following items:

1. A logo/brand using the phrase “Dazzling Dogs!” which she has placed on all her products.

2. A computer software program teaching dog training techniques.

3. A revolutionary electronic dog collar which translates the barking of a dog into talking so that

   the owner can respond appropriately.

With regard to each separate item, advise Jenny:

1. a) What type of intellectual property protection should Jenny obtain to protect the items and how would she obtain that protection?

2. b) How long would the intellectual property protection last?

3. c) What conduct would amount to infringement of the protection?

4. d) What remedies would be sought upon infringement?

Answer 1

a) The Jeny should adpot intellectual property protection to safe guard his/her logo or brand name and the computer program that she started in her business. The following are 2 intellectual property law-

Trademarks
A trademark may be a word, phrase, symbol, or style that distinguishes the supply of merchandise (trademarks) or services (service marks) of 1 business from its competitors. so as to qualify for patent protection, the mark should be distinctive. Though rights in logos ar nonheritable by use, registration with the USPTO permits you to a lot of simply enforce those rights. Before registering your trademark, conduct a research of federal and state databases to form positive the same trademark does not exist already. This trademark search will assist you scale back the quantity of your time and cash you'll pay on employing a mark that's already registered and proprietary.

b) The trade mark intellectual property law valid for 10 years only, After 10 years the person have to renew the trade mark for their business from USPTO.

c) The trade mark act of 1999 clearly states the rules dealing with registration, protection and penalties against infringement regarding trademarks. Trademarks are given the status of intellectual property across the globe.There are many organisations, both international and national, that endeavour to protect intellectual properties such as trademarks. The trademark infringement is the unauthorised usage of a mark that is identical or deceptively similar to a registered trademark.The term deceptively similar here means that when an average consumer looks at the mark, it is likely to confuse him/her of the origin of the goods or services.

Tyeps of infringment of trade mark-

1- Direct infringment- Use of mark by unauthorised person without taking permission from the authorised person, The trademark utilized by the unapproved individual needs to either be indistinguishable from that of the enrolled trademark or misleadingly like it.

2- Indirect infringment-  if a company commits an offence under this Act, then the whole company will be liable. Therefore not only the principal infringer but, every person responsible for the company will be liable for indirect infringement, except for a person who acted in good faith and without knowledge of the infringement.

d) The remedies for trademark infringement are-

1- Demand for damages- In the case within which the trademark owner uses its own registered trademark, if the infringer assigns the counterfeits therefrom, the add of damages suffered by the owner will presumptively be reached by multiplying the quantity of counterfeits appointed by the infringer by the number of profit per unit of the products that the owner itself might have sold had there been no such infringements, that isn't to exceed the number such as the power of the owner to exercise its right. However, if any circumstance ought to have prevented the trademark owner from mercantilism all or a section of the appointed numbers of products, the number of damages would be calculated by deducting the number such as the aforementioned numbers

2- Criminal action and penalties- As trademark infringement is punishable by five years or less imprisonment or by fines of 5,000,000 yen or less, legal action can also be taken by the authorised firm, Therefore known as twin liability provision, that provides that once Associate in Nursing worker commits Associate in Nursing offense of infringement of a trade mark right in affiliation to the corporation's business, a fine is obligatory on the legal person additionally the penalty for the infringer.