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Fair Use in the world of technology would be important when a company decides to sue them when going public. TrademarkTrademarks are also important to consider. A trademark is the right to prevent others
MIDTERM EXAM4from using a company’s product name, slogan, or identifying design(Mayer, Warner, Siedel, Lieberman, & Martina, (n.d.). It is imperative that Gemma and James make sure their product, Pheobie is not trademarked. It is important to check fictional and non-fictional trademarks. For example, Viacom International Inc v. IJR Capital Investments. The Court dismissed IJR Capital Investments proposal that "Krusty Krab" was "just a cartoon restaurant”” Furthermore, due to the popularity of the show everyone is aware that The Krusty Krab is a focal point in the 'SpongeBob SquarePants' television series and films, The Krusty Krab has continually been depicted in the advertising and promotion of the franchise over the shows run, and it is used in the sale of products.This is an unusual case as it deals with trademarks that are generated from a fictional world. It was ruled that protecting such marks was key in the entertainment industry(Viacom v. IJR Captial, 2018). Therefore, it pays to extend trademark searches of this type into the ‘fictional’ realmTrade DressLastly, the company has to research if the design for Pheobe has already been legally obtained by another company via trade dress. A trade dress isanother form of intellectual property and is a product whose overall image and appearance has acquired a secondary meaning. A trade dress is the “total image” of a company in its packaging(Kubasek, Brennan, & Browne, 2017). Taco Cabana, a fast-food Mexican restaurant chain in San Antonio, Texas, had a specifically-designed look or “trade dress”. Two Pesos, another similar restaurant chain based in Houston, Texas, opened a few years later with a remarkably similar look. Taco Cabana sued Two
MIDTERM EXAM5Pesos for trademark infringement. Two Pesos allegedly copied Taco Cabana’s distinctive trade dress. The court rejected Two Pesos’ argument that a finding of no secondary meaning necessarily means the trade dress is not inherently distinctive and is not protected under the Lanham Act (Two Pesos vs Taco Cabana ,1992). The Laham Act is also called the Trademark Act, this controls the trademarks, service marks and unfair competition. Doing research on similar cosmetic designs will help this new company avoid a lawsuit as Two Pesos had to go through.Alternative Dispute ResolutionOne form of Alternative dispute resolution is arbitration. Arbitration is a process that resembles litigation in many ways and in substantial disputes will involve just as many lawyers, if not more, than litigation through the courts. Being a contractual mechanism for resolving disputes, the parties are subject to the terms of the contract in how they appoint an arbitrator, what timescales apply, and what country’s law will. If a contract contains an arbitration clause, then