Rally Round the Trade Name

Explanation of Question No 1:

Gabby can use her surname, and it is her right to use it in any way she wants to. But, the question is about the use of surname in a business, in business it makes no difference whether you are using your own surname or any others the issue takes place when you are misusing someone else name and making it your own brand name. It becomes a legal issue regarding the intellectual property of another person. According to law one can only start a new business by properly registering the name of business if a person is not registering the name of business legally than it will give rise to an infringement issues as in the case of gabby's. Gabby does not have a legal right for using the Surname Rally. On the other hand rally, motors which are in, business for a long time has a legal right to use name Rally. According to commerce and common law it is important to register your business name with and regulatory body of a governing authority. (Olson Jr. R.W, (2009), Common law suggests that one who uses the brand name or trade name first in any particular region for a sole purpose has the right to that name. Therefore, Gabby who has the same last name as of Herman business cannot use to her pizza business in the same region because it is a violation under law using the same name at same geographic region for two different business. It is a breach of law and brand name of rally's car.

Explanation of Question No 2:

Confusion of Using the same name for two different purposes depends on the perception of the people in the region either they mix up pizza with cars or not. The problem is the surname Rally used by two business worker for totally two different purposes, and both have different products. Public can get confuse about with the same name working in the same region, as this thing can be a witness from the script that initially rally motors was receiving many calls with an order for pizza. Herman has a well known trademark of rally's motors he spent a huge amount of money on the advertisement for his brand name, so there is one more concern that with the same brand name people will thing that rally's pizza is the subsidiary of rally motors by diversifying their business. It matters a lot for Herman business but not for the Gabby's pizza business. In fact, gabby will have an advantage of marketing in this case because both are the same brand names and many customers will perceive rally's pizza as a big company and it will increase the pizza sales without any advertisement and marketing campaign from gabby.

Explanation of Question No 3:

This fact of using the brand name rally first by the Herman is very significant in exact geographical region, and it is one of the crucial ...