CRITICAL THINKING Before setting up a business or company...

This preview shows page 1 - 3 out of 7 pages.

CRITICAL THINKING 1 Before setting up a business or company, various processes legalize the operations of the particular scheme especially concerning the state's requirements on the area. For instance, there includes the registration of the company’s name and trademark for the case of a company or organization. Therefore, through the operation, the state grants the business various rights connected to the brand and the business in general. However, there rises some situation that the company does not enjoy the various rights due to violations from the external environment operation or activities. Concerning this, trademark infringement includes the desecration of the rights connected to the trademark of a company or business (Mierswa, 2014). Additionally, the violations may be against the license of the company that contains the rights and freeness of operation by an individual or company. However, when such cases occur, the owner of the business goes for a claim against the given infringement. Therefore, this section presents the elements of an application relevant to the breach. For the effectiveness of the claims, various elements validate the process that is the elements required for the complaint. For instance, the litigant must have a valid and contextual symbol or mark that is under the legal protection regarding the business and, this provides the legal ownership of the entity. Also, the plaintiff must have satisfactory documentation of the trademark that proves the company is under his or her responsibility. Moreover, the other element includes perpetrator, engaged the trademark in the creation of publicity or advertisement of the privet products that are similar to those of the plaintiff without the idea or knowledge of the business owner or the accuser for this case (Mierswa, 2014). The results of such occurrences result to the confusion of the customers and in turn, affects the operation and productivity of the original business. In the process of presenting the
Image of page 1

Subscribe to view the full document.

CRITICAL THINKING 2 claims, there is the need to show the recorded destruction and the validated record of disruption to the company. An example of an infringement includes Apple Inc. and Apple Corps where there have been fights for a long time concerning the “Apple” trademark. Apple Corps being older than Apple Inc. claims that its music industry involved a privet plan and scheme to develop through the particular sector. However, iTunes of Apple Inc. came into action and affected the operation of the Apple Corps through the trade. For instance, this battle has existed for several years.
Image of page 2
Image of page 3
You've reached the end of this preview.
  • Spring '12

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern