LAW Essay Example | Topics and Well Written Essays - 1750 words

LAW - Essay Example Trademarks could be any combination of words, names or symbols that are used in commerce as brand names, tag lines, slogans, non-functional and distinctive packaging and labeling designs, etc. to indicate the source of a product or service. Only non-functional elements are protected by law as trademark rights Functional aspects of a product or service are covered under patent law with a limited term of protection whereas trademarks are not limited in term (except by nonuse) (Trademarks Basics, n.d.). The law that protects registered trademarks and trademarks registration in the UK is the Trademark Acts of 1994 as amended (Intellectual, n.d). In addition, the European Union has implemented regulations to harmonize the laws of trademarks among its member states, including the United Kingdom (The trademarks, n.d). If a trademark is not registered, the original creator does not necessarily lose all rights to his works. Under UK common law, it is possible to take civil action. To make a s uccessful claim, the owner must prove that the mark belongs to him, that the alleged owner has built a reputation using this mark and that he has suffered some damage because of the unauthorized use (Ibid). Trade marks can also be protected in the United Kingdom via common law rights established under what is called "passing off." The "passing off rights are established by the use of a brand and the establishment of goodwill (Registering, 2008). However, it is preferable to register a mark, as opposed to relying on common law passing off rights, as you have to prove that you have established goodwill to succeed in a passing off action. Also, passing off rights can be limited to a local area, whereas a UK Trade Mark registration automatically covers the whole of the UK (Ibid). The doctrine of Common law â€Å"passing off† works in a way that the owner of a mark can acquire some rights without registering his mark. A trader who uses a mark acquires â€Å"goodwill† in ass ociation with that mark. â€Å"Goodwill† has been defined as the quality, which causes a customer to go to one particular trader rather than any other (Ibid). The owner of a trademark can sue another trader who uses that mark in such a way as to confuse the public into believing that his goods are those of the owner of the mark. This is a â€Å"passing-off† action (The Basics, n.d.). At common law, a trademark is obtained by adopting and using the trademark, in association with goods or services offered for commerce ( Larson, 2003).. The mark must be placed in actual use before protection is available. Once the mark becomes associated in the mind of the public with the particular good or service, the common law trademark is established. Ordinarily, the geographic scope of the common law trademark is limited to the area of use. The three fundamental elements to passing off are reputation, misrepresentation, and damage to goodwill, which are sometimes known as the classi cal trinity, as restated by the English House of Lords in the case of Reckitt & Colman Ltd v Borden Inc [1990] 1 RPC1 341 1 (the Jif Lemon case) (Passing n.d). Passing off does not recognize them as property in its own right, but prevents one person from misrepresenting his or her goods or services as being the goods and services of another person or the plaintiff in infringement proceedings. The law of passing off is designed to prevent misrepresentation to the public

BUSINESS & PROFESSIONAL SPEAKING PowerPoint Presentation

BUSINESS & PROFESSIONAL SPEAKING - PowerPoint Presentation Example The choice that you make about time is what can lead to a wasted job or even lack of determination and drive in our lives. Imagine that you were given a certain sum of money every morning, say $86,400. You are requires to spend this money each day, and not save it for the future. How would you spend it? This is exactly what goes on with our most valuable resource every single day of our lives. Each day we get to spend 86,400 seconds. We can’t save it, nor can we invest it in the future. A time management expert at a conference was to give a speech about her success in business and how time management plays a huge part of business success. She kept the crowd involved they seemed to love her. She was providing tips and chipping in success stories. Suddenly, she realized she had been talking for two hours! She stopped to make an apology to the cagey group and explicated that she had left her watch at home. A voice came from the audience, â€Å"There is a calendar next to you†. (LaMarco, 2010) You can now move on to explaining what time management is, as mentioned in the page above. In addition, include the common symptoms of bad time-management as well as good time-management. You might also include an incident during which time-management proved to be a crucial tool for your success. Next to engage the audience, you can do a two-way interaction, asking them how many of them think they are bad at time-management. In addition, you can also ask them to share stories about time-management if you have extra time. 1. The audience might not be interested in lengthy views about time-management. A lot of theory will bore them out of their head. You need to include anecdotes and jokes throughout the presentation to keep them hooked onto your every word. Moreover, engaging them in the presentation will be beneficial as one-sided communication usually results in less concentration on the part of the audience. 2. Your own