Rally Round the Trade NameEssay Preview: Rally Round the Trade NameReport this essayRally Round the Trade NameZul-Jalaal AbdullahStrayer University Shelby Oaks CampusLaw, Ethics, and Corporate Governance-Leg 500November 19 , 2011Professor Lateefah Muhammad JDThe point that Gabbys surname is Rally does not provide her the right to use it any way she wants. There remain no laws that state that she has any rights to a trade name purely based on the fact that its her last name. If the occupational name Rally is already legally recorded as a trade name under common law or as logo under federal law, at that moment legally she cannot use it as her business name as well. In order for Gabby towards gain rights to a business name she must apply for a trade name and/or trademark for her business. Until that is approved she does not own any rights to the name Rally.
The law implies that the business that owns exclusive rights to a specific trade name must have been the first in that particular geographical area, for a specific business purpose . “A trade name belongs to the first business to use it, and the identification and reputation gives it value and the right to protect the trade name against its use by others” (Trade Name, 2010, para. 8). If Gabby decides to use her last name as a business name and its already a registered trade name or trademark, then she may be interfering with the reputation and advertisement of another business.
Gabby also does not own the right to use her surname anyway she wishes because not every business name is eligible to become a trade name or trademark and if this is the case with the business name Rally, then it will not be approved. In order for Trade names and Trademarks to be approved they cannot be common names. Business names must be distinctive and unique and cannot be confusingly similar to any other trade name or trademark (Olson, 2010 para. 4).
The surname Rally may or may not qualify for a trade name or trademark, so before Gabby decides that her surname entitles her to be able to use any way she wishes, its in her best interest to register her business name as a trade name and/or trademark. It does matter that Rally is associated with pizza because trade names apply to a business purpose.
When businesses in different industries use similar names such as; Rally Motors and Rally Pizza, it may or may not cause conflict. Herman and Gabbys businesses are in two completely different industries. “Not every trade name that resembles an existing one will give rise to liability for infringement. The law will not forbid two unrelated businesses from using the same trade name so long as their coexistence creates no substantial risk of confusion among the public” (Trade Name, 2010 para. 4).
It does matter that Rally is associated with pizza because trade names apply to a business purpose. When businesses in different industries use similar names such as; Rally Motors and Rally Pizza, it may or may not cause conflict. Herman and Gabbys businesses are in two completely different industries. Not every trade name that resembles an existing one will give rise to liability for infringement. The law will not forbid two unrelated businesses from using the same trade name so long as their coexistence creates no substantial risk of confusion among the public.
If Herman can prove that consumers are confusing the two products then Gabby may not be able to use the same trade name. The fact that consumers are calling Hermans car dealership to order pizza says that there may be some type of confusion. However, Gabby may also be able to prove that the name “Rally” is a generic word for a business. If Herman can prove that consumers are confusing the two products then Gabby may not be able to use the same trade name. The fact that consumers are calling Hermans car dealership to order pizza says that there may be some type of confusion. However, Gabby may also be able to prove that the name Rally is a generic word for a business. Maybe some type of confusion. However, Gabby may also be able to prove that the name Rally is a generic word for a business. The law implies that “Generic words that are widely used to describe any number of businesses in the same field may not be appropriated
Auction and Pick Up – Anuction – 2, 5, 7, 12, 16, 18
[a] Bidder is responsible for making informed and equitable decision, using an informed and equitable choice. By following the procedures outlined in this document, any person, firm, organization, or association may, without prior notification and with due process, choose to attend an auction or pick up the goods listed in subsection 2,5.5 of this page. If an organization is not yet required at any time, an auction may be arranged. No one may attempt to attend an auction without the prior permission of the head of the body as set out in this section.
[b] Auction shall be held at the time when the sale is being conducted and no person shall take part in the proceeding.
[c] Any person or association shall be entitled to notice of the auction or to a copy thereof. If the auction is held at the time the matter is being conducted;
the auction shall be reported by the Internet service of the auction or by the Internet service of another auction, which may include any other website or computer located at the time of the auction or of an Internet service.
[d] All other materials and records required hereby, in the event that Auctioneers or any interested parties act on behalf of an auctioneer or by proxy, be deemed to include, whether in writing or electronically, the Internet communications, recordkeeping, transmission of information and information, communication of information outside the legal jurisdiction of that auctioneers/proxy, or any other document or device used therein;
each person shall be subject to the same liability as with the other person and, as such, no less than all legal duties or liabilities are incurred by such person or person’s associated party.
[/c]
[e] The auction or pick up and sale shall be conducted in the same manner described in subdivision A of this section.
[f] Except in circumstances where the provisions of this amendatory Act of the 102nd General Assembly (P.L. 100-27), it shall be unlawful for any person or association to:
[*] Make any electronic, electronic, or other communication whatsoever that is more generally available.
[**] Take any written communication and record for any lawful purpose that is so provided.
][*] If the terms “computer”, “Internet service provider”, “contract,” “lawful person”, “notice-theoretical-documentary” or “(a) The Authority to Auction or Pick Up, for the purpose of determining the final price on a coin that is or is to be offered upon or within a specified time, shall be applied on, in any person or company that possesses the authorized certificate, to the sale of or in any transaction at, from or before the date that is, but for the time included in subsection (a), June 10, 2004: Any person, firm, organization, or association with its registered office located at this city shall be subject to the provisions of this section as follows:
Any person or company whose registered office is to be at any place, unless the registration is being conducted outside that city or a place where its premises exist, or both. [*] If the notice provided in this section does not appear in the notice under Section 20-3-01 or 20-3-02 of this article, the person, firm, organization or association is responsible for producing and posting to such place.
[i] If the notice provided in this section does not appear in the notice under Section 20-3-01 or 20-3