CONVERSATION ANALYSIS

Conversation Analysis

Conversation Analysis

Q1. Explain whether or not the fact that Gabby's surname is Rally gives her the right to use it any way she wishes.

Reputable companies often face difficulties when parasitic third parties attempt to derive benefit from a famous trademark when registering their company names. In Thailand, this is a serious concern because the registration system within the Department of Business Development at the Ministry of Commerce does not include a process for determining whether a new company name is similar to trademarks which have been registered with the Department of Intellectual Property. Section 7 of the Act stipulates a fundamental condition for trademark registration. It holds that a “distinctive” trademark must allow the general public or consumers to understand that the goods bearing the mark are different from the goods of other parties (which can be referred to as inherent distinctiveness). The second paragraph of this provision then lists a number of essential elements that constitute distinctiveness, including the requirement that the mark must not directly refer to the character or quality of the goods. In the third paragraph of Section 7, an exception is made under which a mark that would normally be viewed as non distinctive (and thus unregistrable) can nevertheless be deemed to be distinctive if it has been widely distributed or extensively used. Therefore, Gabby's surname Rally does not give her privilege to use it any way she wants.

Q2. Explain whether or not it matters that Rally is associated with pizza?

Use of confusingly similar corporate, business, and professional names has been labeled unfair competition by courts (537 U.S at 428; McCarthy, supra at 1:10). It is more precisely described as trade name infringement.

Ultimately, the Supreme Court clarified the remedies available to the owners of famous names under the broad wording of Section 18. Whereas the first instance decision had ordered that the name shall be changed, the Supreme Court limited the remedy by ordering that the use of the name shall cease. Nevertheless, the result of the judgment reached the same conclusion: the defendants were required to stop using the disputed words with their trade name. Although the compensation in this case is notable, this can be attributed primarily to the fact that the defendants failed to cease using the disputed name while the appeal to the Supreme Court was ongoing. In reality, the damages of only THB 5,000 represent a rather limited amount.

Q3. Explain how important the fact is that Herman started to use the name Rally first in that particular geographical area.

In the Republic of Armenia, legal protection is granted for a trade name on the basis of the registration of the trade name in conformity with this Law and, without its registration in accordance with international agreements, in conformity with this Law and other legislative acts of the Republic of Armenia.

The exclusive right to use a trade name shall come into force from the day of State registration of a legal entity, or from the day on which entries concerning changes ...