Rally Round That Trade Name

Intellectual Property (What's in a trade name)
Rally Round that Trade Name

December 2011


Rally Round that Trade Name
Explain whether or not the fact that Gabby’s surname is Rally gives her the right to use it any way she wishes.

    Although Gabby’s legal name is Rally it does not give her the right to use it as she wishes when it comes to commerce. “The law does not prohibit two unrelated businesses from using the same trade name as long as their coexistence creates no substantial risk of confusion among the public” (The Free Dictionary, 2011).   In the video, the Rally Pizza name was causing confusion among the public with Rally Motors because piazza customers were calling the car dealership trying to give pizza orders. Rally Pizza and Rally Motors are in the same geographical market and the good will and reputation of Rally Motors extends into the market where a new business Rally Pizza has opened. This situation raises the question of the infringement of intellectual property. “The Lanham Trademark (1949), the Federal Trademark Dilution Act (1955), and the common law defends a company rights to the name, logo, or symbol that identifies its products” (Halbert & Ingulli, 2010. P. 342). Rally motors has the “right to prevent competitors (Rally Pizza) from using it for their own benefit or in ways that would harm its rightful owner” (Halbert & Ingulli, 2010).
Explain whether or not it matters that Rally is associated with pizza.

    No it does not matter that the name Rally is associated with cars or pizzas. It does matter that the Rally trade name associated in the same geographical markets confuses people. Rally motors have been in business for forty years and Rally motors has the exclusive use of the “Rally” trade name.   Rally motors could claim infringement because of the name confusion. “Infringement occurs when the use of a trademark causes confusion over the product or services of a business because of the similarities between the... [continues]

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