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Homework answers / question archive / Common Set of Facts: Amos Candy Company, Inc (Amos) is a company that manufactures and sells candy and candy-related products
Common Set of Facts:
Amos Candy Company, Inc (Amos) is a company that manufactures and sells candy and candy-related products. Amos operates all aspects of its business from the large Amos Business Complex ("ABC") which includes a factory, warehouse, shipping yard, distribution center, offices and retail storefront.
The founder of Amos is Yianni Amos ("Yianni"), a Greek immigrant, recently retired after successfully running the family-owned business for 50 years. Amos is now run by Yianni's grandson Johnathan Amos ("Johnny") as the CEO for the past year. Under Johnny's management and modernization of the company production, marketing and online sales, Amos has tripled its profits and doubled its stock value over the past year. Before becoming CEO, Johnny attended ELAC because it was the only Community College that offered dual 2-year transfer degrees in Business and Law. Johnny completed his transfer degrees from ELAC 5 years ago, transferred to a prestigious local 4-year university for 2 years, then and earned an MBA in 2 years. Johnny has been working under his grandpa Yianni to learn the business since he started college 7 years ago.
Question:
Amos Candy Company, Inc. establishes a unique symbol, the "Amos Logo", that is immediately recognized and associated with Amos' products, and creates a unique font, the "Amos Font", under which it markets its products, and registers these designs with the USPTO.
i) Identify and define which type of intellectual property is involved in this situation?
An upstart candy and baked goods company Amo's Sweets Company, Inc. opens three small storefront shops in the area selling cookies, cakes, fudge, chocolate and other baked sweets. The upstart company calls itself and does business as "Amo's Candy and Cakes Company", using a similar image, color scheme and fonts.
ii) Identify the laws that protect owners of distinctive marks from unauthorized uses in this situation.
iii) Discuss why, or why not, Amos will likely be successful in bringing a suit in federal court to protect its registered designs.
One of Johnny's cousins who does not have any ownership interest in Amos Candy Company, Inc., Jimmy Amos, opens an ice cream parlor that also sells ice cream, food, soft drinks and candy, including Amos' candies. Jimmy Amos names his business and does business as "Amos Candies & Creamery" and markets his ice cream parlor "Amos Candies & Creamery... the Sweetest Place In Town".
v) Discuss in detail why, or why not, Johnny Amos, as CEO of Amos Candy Company, Inc., will likely be successful in bringing a cause of action (lawsuit) against his cousin Jimmy Amos.
Answers:
(i) An intellectual property is the right of the intangible creations through human efforts in their product line patent ,trade mark. copyright, trade secrets, etc. In the above passage the issue is related to trademarks.
The term trademark is the tool used by the business to protect the interest of the environment and society. Trade mark symbolizes the safety and ethical practices of the business to safeguard the interest of the public. It helps to identify their product with a distinctive name and quality.
(ii) This practice is related to Trademark law.
According to Trademark Act 1999, When an unauthorized individual uses another entity's trademark in their own business which is similar to another business's registered trademark, brand name or signs, etc. such practice is known as the Infringement.
(iii) Any business organization can be protected under business law only if it is registered. It must be registered under a distinctive name and trade mark or any other intellectual property from other competitive marketers. As Mr. Johnny has registered his business under special trademark, copyright, brand name he can be protected by the rights of distinctive owners, In the above case Upstart Candy and Baked goods company also following an unethical practice towards the Amo company as they are selling all goods under Amos name ,trade right, and brand name etc. So Mr. Johnny can file a complaint against such unethical practices of Upstart company.
(iv) The trade mark should be distinctive from others business and it should be registered as per the law. Here in this case Mr. Jimmy does not have any right to start the business in the same brand name or trade mark .Generally copying of intellectual property right is unethical practice and hence Mr. Jonny can claim against him as he is not the owner of the business entity.
(v) Yes, Mr. Johnny can claim against Mr. Jimmy for using their intellectual property of the business like the same brand name, logo, symbol in his product. As per Federal Trademark Dilution Act 1995, Mr. Jonny can file a suit against Mr. Jimmy for civil action. like;
* He can claim benefits.
* He may claim for damages occured from such unethical practices.
*He can claim for civil relief from Mr. Jimmy.
So it is very important that any organization should start with its distinctive name and trade mark and also it is important that that should be registered under specified laws.Then only such business can succeed in any sort of unethical practices from any other business against the particular company. In the same way Amo company has followed all ethical practices as per the business law and hence it could succeed in all issues faced to them in the business.
