Explain whether or not the fact that Gabby’s surname is Rally gives her the right to use it any way she wishes. The fact that Gabby’s surname is Rally, doesn’t give her the right to use the name any way she wishes, especially in commerce. In this case, the name Rally is registered for Rally Motors and protected under the trademark law. Using the name Rally for Gabby’s pizzeria is an infringement of the trademark law. Trademarks are an intellectual property that grants the exclusive rights to the owner and governed by state and federal law in the U.S. In order to serve as a trademark, a mark must meet one of the requirements as follow: •
Arbitrary or fanciful mark
Mark has to bear no logical relationship to the underlying product. •
Mark has to evoke or suggest a characteristic of the underlying goods. •
Mark has to directly describes, rather than suggests, a characteristic of the underlying product. •
Mark has to describe the general category to which the underlying product belongs (Harvard Law, n.d.). Rally is the mark that bears no logical relationship to the car dealership services and products. Therefore, Rally is categorized as arbitrary or fanciful mark. 2. Explain whether or not it matters that Rally is associated with pizza. The point to this question is will it be any effects of the association of Rally trade name, who is an auto dealership, to a pizza shop; is there any marketing benefit for the pizza shop to have the same name as the Rally Motors? Does it harm Rally Motors? First of all, we have to see the fact that Rally Motors a largely advertized in the same area as Rally Pizza. Rally Pizza would certainly be benefited from those advertisements since the name Rally, are associated the two different companies with one another. People are likely to think of Rally Pizza when they listen or read the Rally Motors advertisements. According to the U.S. Code, “the use of a trademark in connection...
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