Marketing and Advertising Law

MARKETING AND ADVERTISING LAW
Name
Course
Date

2
Question 1
Common Laws
The issue here is to verify if the manufacturer could claim the right ownership of the
trademark “Lazeabouta”, Secondly manufacturer must prove that consumers actually confused
between the two brands, third that the mark ‘Lazeabout’ were similar in both by visual and by
sound, also the manufacturer must show that the importer was offering the same services as them
and that the targeted customers were also similar.1
Rule: Under the Trade Marks Act 1995 article 17, the manufacturer is required to register the
trademark which will identify them solely as the brand owners.
Application: The court cannot grant the trademark right to the manufacturer since it was not
registered by them,2 but based on other bylaws the importer would be found guilty of
infringement, but the court will have to consider the other factors mentioned above.
Therefore the allegations of the manufacturer can be proven under the trademark law.
Question 2
a) Issue: whether an impression was created by one business to mean that their product and
services are one and the same with the other under passing off.
Rule; Passing off under intellectual property law section 120 means misinterpretation by a
business showing that their products are one and the same with another.
1Ardi Kolah, Essential Law for Marketers. London: Kogan Page, 2013.
2Virginia E Scholtes, "TRADEMARK LAW: The Lexmark Test for False Advertising Standing:
When Two Prongs Don't Make a Right." Berkeley Technology Law Journal 30, (January
1, 2015): 1023