assignment 2 business law1 - INTEROFFICE MEMORANDUM TO FROM SUBJECT SHEP HOWARD PRESIDENT OF SGP BETTY FULLER HEAD OF MARKETING RESOLVING INTELLECTUAL

assignment 2 business law1 - INTEROFFICE MEMORANDUM TO FROM...

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INTEROFFICE MEMORANDUM TO: SHEP HOWARD, PRESIDENT OF SGP FROM: BETTY FULLER, HEAD OF MARKETING SUBJECT: RESOLVING INTELLECTUAL PROPERTY RIGHTS DATE: CC: TATIANA DUNKLIN SHORT ANSWER During my research I quickly noticed that although SGP owned Safepac.com, the name SafePac, itself had never been registered with the Trademark and Patent Office. Accordingly, one of the first things Ms. Fuller did was start the registration process. When searching the USPTO office database to see if a mark has already been filed she found the several things that did not look so good as it directed its responsibilities to fall onto our company as the at fault individuals. FACTS a. SGP has been using the product name SafePac since 2008 but never trademarked or otherwise registered that named. A company called Safe Choice had registered the names SafePack and SafePacs back in 2002 and those names were listed live marks by the USPTO. Arguably, SafePac may be confusingly similar to Safe Choices marks to preclude registration of the marks. Moreover, use of the name may “constitutes a false designation of origin which is likely to confuse customers as to the source of the goods”. However, safe Choice and SGP are in different product lines and, therefore, arguably are not competitors, a requirement for infringement. The intellectual property issue at hand involves the Lanham Act.
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