Trademark Law and Business Analysis

This assignment delves into the intersection of trademark law and business analysis. It examines how trademark protection benefits businesses, safeguards brand identity, and influences competitive practices. The analysis explores legal frameworks surrounding trademarks, including restrictions on abuse and infringement, and highlights their significance in shaping market dynamics.

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Business Law
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Business Law
Contents
Introduction......................................................................................................................................4
Task1................................................................................................................................................5
1.1Analyse and advice Mr Ben on the legal rules on implied terms relating to the sale of
goods and supply of services...................................................................................................5
1.2Analyse and advice Mr Ben on the statutory provisions on the transfer of property and
possession................................................................................................................................6
1.3Evaluate the statutory provisions on buyer’s and seller’s remedies in sale of goods
contracts...................................................................................................................................8
1.4Apply product liability statutory provisions for faulty goods.............................................9
Task 2.............................................................................................................................................11
2.1 Be able to apply the legal rules on consumer credit agreements and agency..................11
2.2 Analyze the rules on termination rights and default notices for Ben to be informed in
case he subsequently has trouble paying the debts as required in the contract......................14
2.3 analyse the general features of Agency and differentiate between the different types of
agent.......................................................................................................................................15
2.4 Evaluate the rights and duties of an agent to assist Ben understand her position once he
becomes an Agent..................................................................................................................16
Task -3...........................................................................................................................................17
3.1outlines the monopolies and anti- competitive practices legislations in the UK..............17
3.2 Explain the Role of competition commission within the context of monopolies and anti-
competitive practices and UK office of fair trading..............................................................19
3.3 Define dominant position with the EU common market.................................................20
3.4 consider the application of EU exemptions to potentially anti-competitive practices.....21
Task 4.............................................................................................................................................22
4.2 Outline the principles relating to the protection of inventions through patent rights and
their infringement...................................................................................................................23
4.3 Describe the principles relating to copyright protection and their infringement in a given
business scenario....................................................................................................................25
4.4 Compare and contrast the protection of trademarks and business names........................26
It helps in examination the restriction showing in which abuse of winning position and
antagonistic to forceful practices are denied by this exhibition. It helps in understanding the
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predominant position, syndication and antagonistic to centred practices through the gathered
check case and Ceres control case.........................................................................................27
References..................................................................................................................................28
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Introduction
1. The research report presented here offer the contract where BEN was aware of rights that
are provided to him when he was purchasing his auto. For proper working of any
business proper order has to be communicated and on the basis of that changes has to be
made in states of business. This report relives the buyer and the merchant.
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Task1
Study and recommend Mr Ben's legal rules on the basis of implied policies related to sale
and supply.
1 Mr. BEN who acquired auto from vendor according to the definition. In the midst of the
essential end of the week BEN took his family for a trek. Regardless he instantly found while
driving the auto did not go any speedier. It ended up being obvious that the each one of the
qualities were given in the description were false. BEN got amazingly bothered and gave
back the auto after just five days when the issues persevered. While encountering the auto
advantage history books, When BEN tried to return auto back to the Car Dealers, but vendor
declined to return, showing articulation 9 from Terms&conditions where BEN is suppose to
sign and a copy is given to him. The given assertion exhibit BEN and the shipper of the auto
are under the understanding since basic segments of offer of good contract are accessible for
the circumstances (Aaker, 2013). These are:
 Ben made the offer for the merchants.
 Dealer acknowledges the offer.
 The merchant has the expectation to offer the auto while Ben has the aim to buy it.
 Ben are merchant are not beyond their limit.
The contract that is shaped among between Ben and merchant has supreme to guarantee the
troubles against the merchant. Here in this scenario it offers an agreement expressed into area 12
to 15.
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1. Section 12: This is implemented on thing which are provided to the buyer on web. The
items must be provided with tags that are sold by seller but when merchant is not
providing any tag to stock then he is not going to get any benefit from the offer the items.
Considerable remain free from weight.
2. Section 13: Items that are given from traders to buyers should be in illustration . If item is
not glimpsed in that case it is fitting to impair . Here Ben can affirm impair in light of the
way that the auto wasn't agreeing according to description.
3. Section 14: Merchant should be pleasing about the standard of the item he has sold if it is
not fit for some reason in that case buyer is free for state of disaster through endures.
Ben is permitted for moreover attest into this situation as the auto neither in worthy state.
4. Section 15: The dealer needs to pitch the product according to the mass quality if any
great is given by the merchant in mass.
Study and Recommend Mr. Ben about statutory provisions during the transfer of property
and possession
Statutory arrangements that Mr. Ben is able to do,
Area 16: Duty of item starts with particular and then onto the next in the event that they have
learnt (Bogomolova, 2011).
Case: Healy V Howlett and Sons 1917
Area 17: Education of stock is fundamental or fixed however belongingness can only be pass
unless the party wants to pass.
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Area 18: Consist of 5 rules; however items will send to next only when party disclose the
objective of sending the stock.
Govern 1:- If certain inspirational state of mind be sold by individual in the boundless agreement
that will be helpful cooperative enjoys a reprieve of understanding.
Administer 2:- Certain cases are constrained during stock to pass the colossal it is primary
condition made by the individual.
Manage 3:- Certain incredible proprietorship trading has to be weighed and measured.
Manage 4:- Offering certain incredible support or return start as essential further it cannot be
sold unless underwriting or return preface done by the person.
Control 5:- It doesn't affect if items are unascertained or boundless its proprietorship should be
transmitted.
Area 19: If offers for colossal are provided by the seller and after that he include benefit of
holding the tag to customer.
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Segment 20: If seller offers considerable during that threat for colossal is moved to customer.
Analyse the statutory provisions on customer’s and dealer’s remedies during the
purchasing of items agreement
Solution for Ben
 In the event that he spent any costs then he has ideal to recover the costs which is paid by
him.
 He is able to get back troubles unless great is conveyed.
 He is able to get for particular execution (Cadle et al., 2014).
 He has ideal to healing of their exchanged harms.
Remedy of seller
 On the off chance that he realizes that purchaser winds up noticeably removed as ideally
terminate the products during travels.
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 He can cancel the request of buyer.
 He has the right to recuperate the merchandise if purchaser not making payment.
 He can acquire the request of the particular act.
Apply product liability statutory provisions for faulty goods
What are defective goods?
The considerable which makes them insufficiency in quality and sum which made the disaster or
damages the buyer is known as the damaged great. The great incorporate any power item, any
fragment of the thing and so on the person which are accountable for the defective extraordinary
are the creator, supplier, distributer of the great if any individual endures through any damage
then they are at danger of the damages and adversity which persisted by the purchasers.
The rules of product liability are
1. Consumer protection act 1987
2. Contract
3. Tort
The person claiming under the above mentioned rules has to prove the following,
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1. The product is faulty in nature
2. The product caused harm
3. Defendant under legal responsibility
Under the consumer protection act 1987 the offended party record suit against the prosecutor yet
he needs to show that the great is imperfect; he has no convincing reason to show different
things. It is satisfactory that great is not perfect (Donoghue, 2013).
Under the agreement law annoyed party needs to exhibit that the item is defective and break the
legally restricting responsibility which is constrained upon the respondent at the period of going
into the agreement.
Under the tort law annoyed party needs to exhibit that the respondent is under the hazard for
making the split open of his commitment and done indiscretion. He was not taking the sensible
care while manufacturing the item.
Task 2
INTRODUCTION
The present report make analysis on the legal rules on consumer credit agreements and
agency and various types of credits, it make analyze on the rules on termination rights and
default notices.
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2.1 Be able to apply the legal rules on consumer credit agreements and agency
Individual can accept the credit or affirmation from ten other people. In any case, he needs to pay
back the money to the business when the time is over. Business charges the energy upon the
credit which is given to the record holder. The bank is consistently expecting that he get the
energy from the obliged people. The customer’s interest is protected from the advance experts,
by the institution which is known as the consumer credit act 1974.
There are various types of credits like,
Hire purchase
 It is mainly raised when the customers take control of the property from the real owner of
the property.When the time period is over, Ben has to pay the sum of money. Case:
Helby v Matthews 1895
Credit sale
 Ben has the ability to transfer the ownership to the other person. If any creditor is not able
to make the full payment then they will be used by the creditor for the default of
payment.
Credit card
 Ben can take the credit card from the bank where there is no charge of interests.In the
cases of charge cards there is no limit but Ben has to pay the full amount every month.
The retailer has some limitations while using the cards.
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Condition sale
 In this field of the contract the party has to purchase the item when the contract is over.
Ben has the right to transfer the title of the items. The feature of the hire purchase is
included but it is not favourable by the individuals.
Bank loan
 The overdraft facility is available from the bank where the bank charges some interest for
the over draft facility. By mortgaging something Ben can take loan from bank. In this
case the interest charges are there. Ben can also take personal loans where the bank
charges high amount of interest.
Debtor-creditor-supplier agreement
 Both creditor and supplier have some sorts of business connection among them. When
the creditor enters the contract with the supplier there are some past future arrangements.
Shop budget accounts
 Ben can take the money from the large shops and when the time period is over he has to
pay the money back There is a limit on the use of the credit and the money must be
returned. The monthly interest must be paid by Ben.
Debtor-creditor agreement
 There is no connection in the field of business between the creditor and the supplier.
Creditors are not entered in with contract with the supplier in the case of any future and
past set up (Expanding opportunities for women entrepreneurs, 2008).
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Restricted-unrestricted use
 Ben has the authority to use the credit card for the purpose that is mentioned in the
contract. This can be termed as the restricted use. Ben can use the credit card anywhere
he wants and that can be termed as the unrestricted use.
He can choose any kind of agreement that is best according to his needs.
2.2 Analyze the rules on termination rights and default notices for Ben to be informed in
case he subsequently has trouble paying the debts as required in the contract
Ben is under the dedication to make portion if he accept any affirmation shape the advance
supervisor anyway he has perfect to end the concession to the remote possibility that he has any
issue for making the portion. End rules,Both social occasions can end the knowledge in the
amount of circumstances. They can be enthusiastic for making the settlement as fast as time
permits. When the end is made by any social affair then record holder is under the dedication to
give back the great to the bank (Gagliardi, Brouwers and Bhattacharyya, 2014). If any
commitment is standing then he needs to pay the best mean the record holder. Creditor has also
suitable to end the contract if account holder makes any break of agreement.
Default by borrower
Creditor necessities to give a default notice to the borrower if he makes any break of
understanding before making any further move.Creditor can end the understanding and
enthusiasm for the early portion. Good are recovered by the credit manager from the borrower.
The period for making any further move by the credit supervisor is seven days. The country
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court has the master to make a demand of execution. The day and age is in like manner given to
the obligated individual for making portion.
2.3 analyse the general features of Agency and differentiate between the different types of
agent
The relationship that exists among the vitals and operators are not any authoritative relationship.
The general elements of the office are as follows,
1. The gathering must be in limit that is entered in the contract with the operator. There is an
agreement relationship between the principle and outsider. The standard is helped by
sparing the assets and time.
Sorts of specialists
1. Estate specialists manage the genuine property.Factors those manage instantly
recognizable property. Brokers manage the indefinable property.Auctioneers manage the
excluded property.The organization is managed by the directors.
2.4 Evaluate the rights and duties of an agent to assist Ben understand her position once he
becomes an Agent
Responsibilities of Ben
He has trustee commitment which is related to the validity and reliability. He requires
acting with the course of the boss. He has not to take the secret advantage. He needs to
act in consistence with basic kindness.
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Rights of Ben
 He has fitting to take the remuneration. He has fitting to take extra preferred standpoint.
His necessities to proper to take the costs from the imperative in case he consumed
through money. He has right of taking pay and settlements (Ganguli and Roy, 2010).
Conclusion
Summing up the present report it has been concluded that consumrs and their different
types of rulles which can effects the indivdiuals and their activies which effected laws
individuals rights.
Task -3
United Brands v Commission of the European Communities court of justice of the
European Communities Case 27/ 76 [1978] is chosen for applying the monopoly
Competition commission role, dominant position, exemption.
3.1outlines the monopolies and anti- competitive practices legislations in the UK
Monopoly: if any firm has the control over the market then it transforms into the certifiable risk
for the adversary in the market of UK. For taking the forcing plan of action position it is
fundamental that firm has
1. Control over the market by 25%.
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2. Investigation has been made by the forcing plans of action and merger commission and
they find that firm has control over the market by 25%.
The resistance exhibit helps the customer by extending competition in the market and which
result the cost of the thing is reduced and thing quality is extraordinary. The firm who is in the
limiting framework position is the single supplier in the market and have control over the greater
bit of the market. It is generally called the scale forcing plans of action and complex limiting
foundations (Jeffko, 2014).
Forcing plan of action is the huge hazard in the market of UK by the broad firms. The
association which was given by the controlling foundation in UK is the majestic mail and postal
organizations. UK government is more based on the limiting framework firm in the market.
Analyzing pro is given to the forcing plans of action and merger commission. They deal with the
cases which are insinuated by the working environment of sensible trading. The case is picked by
them by dealing with the resistance law and customer law. It is the unlawful exhibition in UK if
any firm welcome the syndication in the market.
Features of competition
1. The competitor gets benefits when the competition is controlled by the opposition
demonstration.
2. Consumers are additionally getting benefits when syndication is disallowed.
3. The nature of the item is great.
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4. Lot of decision is profited to the customers.
5. The item cost is less.
Competition Act 1998
There are distinctive new arrangements which are incorporated this show. It limited the counter
engaged practices and maul of overpowering position. The article 81 and 82 of deal of Rome was
changed and now in plan of Lisbon 2009 they are article 101 and 102.
Enterprise Act 2002
It furthermore took off upgrades in the resistance showing 1998. There are diverse establishment
has been incorporated and make more grounded contention showing of the UK (Jenks, 2011).
As indicated by article 82 of EU the United Brand is in the prevailing position. Article 82 of
EU expressed different sorts of mishandle which is made by the firm in the market. Be that
as it may, it is imperative for the firm to have control over the market and after that they
manhandle their position by not providing the item in the market.
3.2 Explain the Role of competition commission within the context of monopolies and anti-
competitive practices and UK office of fair trading
It is the body which inquire about the resistance in the market. They have master to explore the
restriction in the market. They controlled the resistance show in the market. They look at the
merger and diverse inquires. Competition act is supplanted the forcing plans of action and
mergers commission. It is known as the restriction and market master from 2014. Settlement of
Lisbon 2009 redressed the resistance commission.
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Office of sensible trading: It helps in taking the decision and besides distributed the information
and proposition. They moreover deals with the hypothesizing break is made by the firm.
Moreover, they in like manner take the approval (Munger, 2013).
The court examined the case and communicated that association is in the mind-boggling
position and make mistreat of the position in the market by not giving the items and
ventures in the market and besides constrains the diverse conditions upon the buyers. They
similarly charge assorted particular cost from the unmistakable client. The decision of the
restriction commission is in like manner pounded by the court in which it is held firm is
exempted of reason and breaking point.
3.3 Define dominant position with the EU common market
Any firm who has the control over market considerably then the firm will be transcendent
position and if any firm abuse their position in the market will be illegal in UK competition law.
The firm who misuse their position are capable staying alone in the market and wipe out the
adversaries in the market. They transform into the one supplier in the market.
In contention act mistreat of dominating position is communicated in the article 102 by the deal
of Lisbon. The excitement of the trade is guaranteed by the European deal.
Firm attempts the customers by
1. Imposing the out of line condition.
2. Limit the supply of the thing.
3. Charge unmistakable cost
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4. Predatory cost
5. Unfair practices
Interest is guaranteed by the EU settlement anyway it is fundamental that they are individual
from this deal. This deal moreover limited the negative effect on the trade and besides refused
the maul of transcendent position. Concurring the convictions of the case it is reviewed by the
court that United Brand has the prevalent position, and abusing their mind-boggling position.
They are acquiring American Bananas. They made the bananas and gave the bananas which are
not prepared to the vendor for offering in the market and bananas which are prepared are used by
the distributer for the individual use. In 1975 find by the EC that brought together Brands abuse
their common position (Seijts and Latham, 2012). Regardless, Company communicated that they
are not mauling their position and not act against any game plans of the restriction exhibit.
3.4 consider the application of EU exemptions to potentially anti-competitive practices
If any firm mistreat the overarching position and against centred practices then they have these
rejections.
1. Any firm who misusing their transcendent position and practice unfriendly to c forceful
practice then they needs to show that there is no effect upon the restriction in the market
and it helps in the economy headway. This special case is known as individual rejection.
2. Any firm which meet the individual exemption then square prohibition will be associated
upon these arrangements is known as the piece special cases.
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3. Parallel exemption is the prohibition which associated on the firm when they meet the
individual and piece special cases.
4. The advantage will be passed on amidst the customers with no partition.
5. There is condition in which misuse is imperative.
For this circumstance United Brand affiliation is not exempted from the above avoidances.
Rivalry commission pass mastermind that they are exempted however court broadcasted that
they maul the position by not giving the bananas in the market.
Task 4
For this report I Choose Ceres Power company which is engaged in developing fuel cell
technology for residential area.
4.1 Intellectual property and its different types of form
This is affirmation for that person who complete extraordinary work, and has the physical
appearance. There are different types of laws and regulation which giver protection to intangible
property. Secured advancement act 2014 which coordinated and deal with the authorized
development. Authorized advancement joins the diverse sorts of intangible property which
includes patent trademark and other from of intangible property. The work is normally
guaranteed at the worldwide level.
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1. Patent: patent is the confirmation of the advancement. The maker has full
straightforwardly over the advancement, they can use, offer the improvement and besides
blocked the use of the patent by some other individual without his assent.
2. Trademark: It is refers to the sign, design or expression through which products or
services can be identity. It helps to individual to make difference in between one entity's
products from other entity's products. They are like manner guaranteed for specific time
span.
3. Copyright: Copyright is the given for the principal work of the maker.
4. Design: it is considered as the new process of making any manufacturing article.
Security for this is for the 15 years.
Under this situation, wonderful school of London cerebrum Steele one of the educators who
make manages the vitality unit advancement which is useful for the overall population. This
development will help in lessening the temperature and it is diminished without making use of
hydrogen and significant metals.
4.2 Patent right Principles relating to protection of invention and their violation
Patent security is granted for the innovation and development . In England patent is coordinated
with the patent Act 1977. The goal of the patent Act is granting to creator for a limited time
period in exchange for disclosure. Inventors has full control over their authorized advancement.
As according to the Patent Act, 1977 there are three tests which should be fulfilled by inventor
in order to taking security on their inventions.
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1. The improvement should be based on new idea.
2. Invention must use in present day.
3. It should be not notice ability
Delineation: tremendous kin star and Jon stimulate revealed that they will outline the toaster
which have conceded released for the second cut of toast (Sharma, 2017).
As according the patient right Act 1977, it is right of inventor to take benefit on their
advancement during the period of improvement Which is 20 years. Any creation which is done
by the inventor need to approved under the patents Act.
It is the right of individual to take advantage of the authorized security over the development
Infringement of patent:
1. when the development use by some other unapproved persons.
2. Patented suit that individual who make unauthorized use of their patents.
3. Court can pass a demand of mandate and pass a demand for squashing the infringing
copies.
He reports patent for the improvement implanting the fuel an air by him. He has various friends
of illustrious school and makes game plan with them. They comprehended that they have to
spend more entirety upon the protection of the IP they pick that that will trade the IP to the
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imperial school. By then school will spend the £ 4.25 million on the eating of the arrangement of
the association. By then school get the patent over it
4.3 principles of Copy right protection and their infringement in the give context
Council give protection to the maker for their main work which is called copy right. Maker
develops different types of new advancement. Statutory authorities give protection to principal
work of proprietor. Thy copyright proprietor has the benefit to use their expectational work.
According to the copyright design and Patent Act, 1988 which is also associated with UK
copyright. Individual which who get the right over the copyright on their inventions can sue to
any one who is illegally using their work. According to the UK laws section 9 to 11 proprietors
of copyright affirmation thorough copyright office.
Copy write work can be infringed by any who make use of the copy writing without permission
of the proprietor. Following are barriers of this.
1. Private utilize
2. Investigation
3. Spiritual reason
4. Library
5. Assessment.
In this copyright insurance has been taken upon the drawing of the heater on the divider.
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4.4 Comparative narration
The name that is used for linking the individuals working in an enterprise is business
name within the overall population; Trademark is a symbolic representation that is used for
denoting an organisation with respect to a business and this followed by customers.
Both these attributes are looked after by Business Name Act 1985 and Trademark Check Act
1994.
Person that uses the business name has no authentic security. On the other hand, customer of
trademark has the legal protection from legislations.
The former attribute cannot be enrolled while later one is selected from recorder bureau.
The proprietor of business name cannot go besides the individual that uses this particular
element. On the other hand, tort law can be used for the same purpose. Proprietor of trademark
can utilise the opportunity to go besides the person who wishes to check without any sort of
permission.
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Conclusion
It assist in examination of the restriction showing in which abuse of winning point and
antagonistic to forceful activity are denied by this exhibition. Through this individual
gain knowledge the predominant point, syndication and antagonistic to practising which
is gather check case and ceres.
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(2014). Business Analysis. 1st ed. Swindon: BCS Learning & Development Limited.
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Munger, R. (2013). Document-based cases for technical communication. 1st ed. Boston:
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Seijts, G. and Latham, G. (2012). Knowing when to set learning versus performance
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