Intellectual Property Law Text - Cases - and Materials

Question: Describe about theIntellectual Property Law for Text, Cases, and Materials?. Answer: Dear Mr. Leonie Fitzon, I appreciate the chance to get the opportunity advising you regarding the intellectual property matter. To ensure that we have a proper understanding between us, I will share some share some essential information with some advice so that you have an idea about the responsibilities that are carried on for your rendered information about the matter. Responsibilities: I will further use my judgment to resolve the issue that you are facing regarding the intellectual property rights, and that will also guide you to know whether there is any conflict between the Naked Truth Limited (NT) and Inside Outside plc (IO). However, the opinion put forward by me cannot guarantee the liabilities that will result if there are any liabilities present in the adverse form or regarding the judicial decisions. The legislative system imposes different penalties when there is any understate of the legislation as stated in the actual law of the intellectual property. The professional in the intellectual property law also will have some responsibilities, liabilities and penalties when a devalued property liability is based on some positions to get it sustained which in reality did not happen from the part of the professionals (Jones and Sufrin 2014). There is a realistic possibility that exists when the when the professionals in this matter will work in good faith for the provider of the remedy. Facts: The facts which are noted down here is the actual information that is gathered from Mr. Sanjay Thakur, Partner in the Mary and Stevenson law firm and heads the Department of Intellectual property law and practice. The facts forwarded to me in the form of the memorandum on dated: If the details mentioned here are incomplete or inappropriate, then please inform to our department right away, so that the necessary amendments are possible within a specific span of time. 1. That you are a citizen of United Kingdom and are the Managing Director of Naked Truth. 2. That there is another sales manager with the name Viviene Robinson. 3. There is a running of the company with the name Naked Truth, where the sale includes products with the only organic based and authentic material, which imposed good faith since there is no animal test present in their products. 4. There is the only manufacturing of the toiletries and other related products with 10% natural materials. 5. That over the years your company expanded its trade with the manufacturing of the wide range of toiletries for the customers. 6. That there is a plan to expand the business to capitalize the success ahead. 7. That the company best-known range of the products falls under the head of Naked, which includes the shower range and bathing products. 8. That the company manufactures the products under the range of Naked Energy and Relaxed Naked. 9. That the famous slogan of the company that comes in the ad is with the tag f Naked Truth- No lies. 10. The Naked range was introduced in the year of 2006 and after that, the wide range of products was introduced including the bed sheets, pillow covers and duvet covers under the head f sleeping naked. 11. That there is an introduction of another slogan from the marketing department that says, Naked Products Don't Fly. 12. That the Naked Truth Company is in membership with many magazines and them, sell their product with the marketing of such magazines. 13. That there are fifteen employees f total and the annual turnover of the company is more than 1 million euro and that they send more than 60,000 Euros from the advertisement. 14. That there is another company with the name Inside Outside started their business with the name and range under the Naked and started selling the products which are not made from the natural materials. 15. That the Inside Outside started the campaign of Whole Truth-No lies recently. 16. That the most important information regarding this matter is that there is no registered number for Naked Truth except the using of the logo. Recommendations and conclusion: Based on the acts that are provided, the recommendations that come up are: 1. The information which needs to provide here is that the power of the intellectual property comes after having a well known brand name for the business, and also there must be a trademark (Torremans 2013). 2. There is a protection of the intellectual property available, and also there is a possibility to take a legal action against the person who tries to steal that (Bently and Sherman 2014). There are various types of protection method available under the intellectual property law: The first recommendations from me will be the application of the protection for the sole ownership right over the title. There is some automatic protection available to the person who owns the right by copyrighting or taking the design right of the products headed under the business name (Hart et al. 2013). Apart from that are many types of protection available which are recommended to use to protect the right of the intellectual property rights (Reynolds et al. 2012). It is highly recommended to start a non-disclosure agreement so that there will be no scope for the reveal out of the information until the registration is under process. Since there is no registration of the name, it is highly recommended to apply for the same to have the sole right to the proposed name (Davis 2012). 1. It is highly recommended to register the name and the logo as the trademark (gov.uk 2016). The penalty for the infringement of the trademark under the intellectual property is available for the aggrieved party (Waelde et al. 2013). In this matter, you can file a suit against Inside Outside on the ground that they are infringing the copyright of your name to earn good faith, S. Victor Whitmill v. Warner Bros. Entertainment Inc. At the same time, they can put the image down since they do not produce the products from 100% natural products as claimed by your company, Kellogg Co. v. National Biscuit Co. The court will grant compensation to your enterprise since; the Inside Outside uses similar name products even though they run a different business with the intention to profit in a wrongful manner Mattel Inc. v. MGA Entertainment Inc (Aplin et al. 2013). The conclusion based on the recommendations made to safeguard your interest. Best regards, Andi Radford, Solicitor at May and Stevenson Reference: Aplin, T.F., Aplin, T. and Davis, J., 2013.Intellectual property law: text, cases, and materials. Oxford University Press. Bently, L. and Sherman, B., 2014.Intellectual property law. Oxford University Press, USA. Davis, J., 2012.Intellectual Property Law Core Text. Oxford university press. Hart, T., Clark, S. and Fazzani, L., 2013.Intellectual property law. Palgrave Macmillan. Jones, A. and Sufrin, B., 2014.EU competition law: text, cases, and materials. Oxford University Press (UK). Reynolds, R., Stoianoff, N., Adrian, A. and Roy, A., 2012.Intellectual property: text and essential cases. Federation Press. Torremans, P., 2013.Holyoak and Torremans intellectual property law. Oxford University Press. Waelde, C., Laurie, G., Brown, A., Kheria, S. and Cornwell, J., 2013.Contemporary intellectual property: Law and policy. Oxford University Press Zhenhua, G. and Yao, S., 2015. Intellectual Property Rights Protection, Technology Innovation and Technology Transfer: From the Perspective of Developing Countries.Industrial Economics Research,3, p.007.