Rally Motors Essay

738 words - 3 pages

1. Explain whether or not the fact that Gabby’s surname is Rally gives her the right to use it any way she wishes.
The Federal Trademark Law—Lanham Trademark Act (1946) offers protection and company’s legal right of ownership of its name, logo, or symbol that identifies its products (Halbert & Ingulli, 2010, 342) In this case Gabby is a pizza owner whose last name just happen to coincide with the name of a dealership Rally Motors. Since Gabby is within the same geographical area costumers are confused with its product. According to the Lanham Trademark Act (1946) this could be very well viewed as an infringement of property because it confuses the average consumer as to the nature of the ...view middle of the document...

3. Explain how important the fact is that Herman started to use the name Rally first in that particular geographical area.
The length of time that Herman has used the name first in that particular geographical area, does have bearing on the case, because it shows that he is an establish entity and as a result develop a customer base following, through his strategic marketing and branding. Gabby, who is a fairly new business, can be guilty of dilution if she blur or tarnish his trademark name, in essence reducing his market base selling power through unauthorized use on dissimilar product. In the case of White v. Samsung and Deutsch Associates; Samsung was found liable for misappropriating Ms. Vanna White, a known hostess of “Wheel of Fortune,” her name and likeness to their advantage commercially or otherwise, without her consent (Halbert & Ingulli, 2010, 338). The defendants argued that at the time, Ms. Vanna White’s name or likeness was used but the court expanded that meaning to include the illusion or confusion. Marketers use ingenuity to profit on an establish market base, which in Herman’s dealership, is his establish market base because he was first with that name in that area.
4. Explain what rights you have in your trade name.

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