1 page/≈275 words
Business & Marketing
Trademark law (Essay Sample)
the paper wanted me to explain what trademark is and give a case of how trademark law is applicable.source..
A trademark can be defined as a symbol, phrase, fragrance, word, logo, shape, sound or color used in business in identifying and differentiating the goods of one manufacturer from another Businesses are expected to have their unique products different from their competitors. To allow this, they have been given the provision to patent their business secrets, and anyone who uses such for their own profit making ventures with no permission can be sued in the court of law. Laws governing trademark in business ensure that the business secrets are protected from being used by other businesses. For instance, United Parcel Service (UPS), the largest package delivery company, has patented color brown as their delivery color, and therefore, no other package delivery company can use the color in package delivery services. Trademark law helps the customers distinguish the products they are buying in such a way that they can differentiate goods of one company from the other. In this way, they are able to consume their taste easily and maintain the quality of their preferred products (Dinwoodie & Mark 2008).
In L'OrÃ©al v Bellure, the defendants were accused of using an unfair advantage by engaging themselves in the production, distribution and marketing of fragrances that resembled products under the registered trademarks of Lâ€™Oreal. Such products included NOA NOA, TRESOR and ANAIS ANAIS. They could sell some of these fragrances with the marks of the plaintiff and the packaging was similar in appearance of those of Lâ€™Oreal. This prompted the plaintiffs to sue the defendants in the High Court with the trademark infringement pro...
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