Understanding Intellectual Property Rights in the Context of Using a Crocodile Logo
This is a presentation in which the speaker must to demonstrate the knowledge & understanding of the English legal system, contract, tort, employment and company law. The focus of this presentation is on intelectual property (please read the scenario in the Assignment Brief). When company wants to use crocodile logo, maybe sugest to use different type of picture, then Lacoste are using and explain why you decided to use differnt picture or different shape of crocodile. Please mention statutes and cases (case law) over the presentation, say why did you mention this and applied. First part of presentation is Itelectual Property Rights. We are looking into:trademarks & copyrights. How long(if you register this rights) if will last for? Please argue both ways: If you use only logo(image of Gucci) is that an issue? If you use name only, is that passing off? Ex.: Tort in passing off is that the company that employed you is not Gucci. What you company can do to protect themselves? If not protected, what remedies the company can get? Show awareness, when discuss this. We can argue: If crocodile looks like Lacoste, it could be a problem. Please explain why? If the company use a jingle, you may advise the company to register. If so, please say how we register trademark or copyrights. We need to register to be protected. What is possible outcome of using jingle that Coca-Cola are using? What we need to do? When you start talking about Vicarious Liability, please give a case. Crododile-depends how much it looks like Lacoste? And then explain where it could lead to? Same with jingles. If real thing and music used? If just music? If just words? Would you recoment your company to register copyright, trademark, IP rights? Would you recomend you company to adopt this? When you recomend something, please say: we would need to get registered and reniewed every....year. Please say, that you protected by Vicarious Liability and explain how. You also mention that huge corporations like Gucci, Lacoste & Coca-Cola have a legal teams on top of everything. At the end of presentation, mention Vicarious Liability, action brought against me-will turn against the company as i am still protected as an emplyee. Please find attached the Assignment Brief and Week 2 power point slides. Please note that this presentation does not require any power point, it's just an emplyee speach to them directors.
Presentation: Understanding Intellectual Property Rights in the Context of Using a Crocodile Logo
Introduction
Good morning, esteemed directors. Today, I will be discussing the importance of understanding intellectual property rights, particularly in the context of using a crocodile logo for our company. Let's delve into the intricacies of trademarks, copyrights, and how they apply to our branding decisions.
Intellectual Property Rights: Trademarks & Copyrights
When considering using a crocodile logo for our company, it is crucial to understand the duration of protection for trademarks and copyrights. Registering these rights provides exclusive ownership for a certain period. For trademarks, registration can last indefinitely if renewed timely. Copyrights typically last for the author's lifetime plus 70 years.
Using Logo vs. Name Only
- Logo Only: If we use an image resembling Gucci's logo, it could raise issues of trademark infringement. Case law like Reckitt & Colman Products Ltd v Borden Inc emphasizes the importance of distinctiveness to avoid confusion among consumers.
- Name Only: Using a similar name to a famous brand like Gucci could lead to passing off claims. It is essential to differentiate our brand to avoid misleading consumers.
Protection & Remedies
To protect our company, we can register our logo as a trademark and ensure it is unique. If not protected, remedies for infringement may include damages or injunctions. Registering trademarks and copyrights is vital for legal recourse in case of infringement.
Crocodile Logo Resemblance to Lacoste
If our crocodile logo closely resembles Lacoste's famous logo, it may lead to legal issues like trademark infringement. Differentiating our crocodile design is essential to avoid confusion in the market.
Jingles & Registration
Registering jingles, like Coca-Cola does, ensures protection against unauthorized use. To register a trademark or copyright for a jingle, we need to follow the registration process with the appropriate intellectual property office.
Vicarious Liability & Case Law
In cases like Lloyd v Grace, Smith & Co, vicarious liability holds employers responsible for employees' actions within their scope of work. Therefore, our company must ensure compliance with intellectual property laws to avoid legal repercussions.
Recommendations & Protection
I recommend registering our copyright, trademark, and intellectual property rights to safeguard our brand identity. Regular renewal of these registrations is essential for continuous protection.
Conclusion
In conclusion, understanding intellectual property rights is vital when using a crocodile logo or any branding element. By prioritizing legal compliance and protection through registration, we can safeguard our company's reputation and assets. Remember, even as employees, we are protected under vicarious liability, but adherence to intellectual property laws is paramount to avoid legal actions turning against our company.
Thank you for your attention.