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Trademark
Basic Application
Legal
Analysis
Legal
determination
Copyright
Basic Application
Legal
determination
Intellectual
Property
Introduction
Carrying out
businesses in any part of the world is highly regulated, mainly to ensure fair
competition and effective remittance of taxes and royalties. To manage a
diverse environment where businesses and buyer interline, business law all over
the world has established acceptable standards that are used to govern this
interaction. One of these main laws relates to intellectual property. In simple
terms, the discussion throughout our class reading helped me to understand that
intellectual properties are basic regulation that helps in protecting business
people who come up with an original idea. For example, if a company invents a
unique name, it is protected by business rights to retain the name without
facing the risk of name competition from others in the same of different
industries. Intellectual property is enclosed in four main rights; patents
rights, trademark rights, copyrights, as well as trade secret rights. The
purpose of this report is to discuss the case of Andy King and his potential
legal conflict with Burger King, and BMI/Imagine Dragons.
Trademark
Basic Application
A trademark is
basically a unique sing or name that allow a customer to easily notice or
associate with a particular brand. In the case study presented, "Burger
King" is a unique trademark that is recognized across the world. In his
new business, Andy envisions to sell a burger. Since his full name is Andy
King, he thought it is a great idea to incorporate his name in the business
domain. "Andy The Burger King." However, this name does not go very
well the business giant "Burger King." Hence, traction has risen
between and Andy and the renowned business.
Legal Analysis
The legal
exemplification of the case may show some incidences that Andy caused possible
confusion among customers that are used to Burger King as a brand. This
confusion mainly arises from the fact that, in his business domain, Andy used
the phrase "Burger King," despite that 'King' is his second name. This
confusion can be analyzed using the 8-part evidence of confusion
Strength of
the Mark: The business name "Burger King" is very popular and
uses specific font size and type to uniquely distinguish itself from other fast-food
retailers. Since the case study indicates that Andy adopts the name in his
business domain, it is clear it causes a strong confusion.
The
similarity between the two marks: The prominent “burger King” trade is
widely a franchise. Andy new business name looks very close to the original
Burger King name. Therefore, the resemblance is outstanding, hence creating a
confusing on customers.
The
proximity of the products in the market: This evidence can be proved by
how Andy names his products. For example, he sells Cuban sandwiches in two
sizes: “The Regular” and “The Whopper.” Where; whopper is a common name of one
of the Burger King’s main products.
Defendant
has good faith in adopting the name: Andy is in good faith considering
that his second name is ‘King.’ Apparently, he also wants to start a business
of selling burgers and though it was a good idea to use both terms in his
business domain. This leads to an innocent confusion.
Quality of
Andy products: This may cause a significant business loss for the
original Burger King business, mainly because customers are likely to have a
perception that both businesses are interlinked.
The
sophistication of the buyers: Customer are in the fast-food retail
industry are pretty sophisticated, mainly due to quality and health concerns,
Therefore, a small mistake of quality deterioration from Andy's business can easily
be noticed by customers.