Instead of opposing yum yums trade mark application

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Unformatted text preview: ts very creative name “I SCREAM yoghurt”, he became incensed. Instead of opposing Yum Yum’s trade mark application, Fat Soh wrote a letter of complaint to The Straits Times Forum Page accusing Yum Yum of unfair trade practices. Fat Soh’s letter began with the following heading: “After road bullies, we have Yum Yum – the yoghurt bully! Buyers beware!!”. The Straits Times declined to publish the letter, although it was read by several of the staff who work on the paper’s editorial committee. Yum Yum has come to you for advice: (1) He wants to know (a) whether the Examiner at IPOS is likely to raise any registrability objections against his trade mark application and (b) whether Fat Soh can take any legal action against him under the common law tort of passing-off. (2) Consider also the legal implications, if any, of Fat Soh’s letter to The Straits Times. -4- LGST101 OR Question 2B [15 marks] Margaret, who was looking to buy a new home, came across an advertisement in The Straits Times which advertised the sale of a one-year old bungalow in the up-market “Ding Dong Bellavista” estate in the East Coast. Attracted by the advertisement, Margaret took the opportunity to visit the property one Sunday morning during an open house. There, she met a close family friend, Chu, a young and recently qualified Quantity Surveyor. Amidst their light-hearted conversation, Margaret told Chu that she was very keen on buying the house but she was also a little concerned over its structural safety. Agreeing to do her a “small favour”, Chu made a quick inspection of the house and i...
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This document was uploaded on 04/07/2014.

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