Choose one of the scenarios below and determine which type of intellectual property law applies and whether it would, in fact, provide any remedy. Remember to identify and explain the elements necessary to claim protection as intellectual property, why you think those elements are or are not present, and what other information you would need to make this determination.
- William Writer has developed a great idea for a novel. It will feature a young magician named Henry Pryor who attends a special high school for magicians. Henry has many interesting friends and even searches for the Philosopher’s Rock.
- Karen Kitchens is a fantastic cook. Her best dish is fried chicken. Her fried chicken is so good that her friends suggest she start a restaurant. After some thought, Karen agrees. She plans to open Kitchen’’ Fried Chicken, but because the name is a bit long she decided to shorten it to KFC. Her sign will be red and white and feature an image of Karen’s father, a white-haired old man with a goatee.
- Sandy Secretary works for a huge cola company. The company is famous for its secret formula that it has used for more than 100 years. One day while looking for something in the boss’s office, Sandy finds a piece of paper that lists the secret formula. Sandy secretly makes a copy of the formula and offers to sell it to a competitor.
Week 10 Discussion: Karen Kitchens
I have selected the second option this time, because this deals with the answer, based on the Kitchen’s Fried Chicken that is directed with violation of the Trade Intellectual Property Law. The goal is to allow the consumer in order to do easy access the identity to produce the goods and the services to avoid further confusion. Thus, in this option, I have learned that Karen has taken up the decision to open her own restaurant which uses multiple changes and signatures in order to identify the aspects of restaurants to learn about the chain of Kentucky Fried Chicken. Therefore, she makes the changes to learn about the different aspects that advertising in order to avoid the costly lawsuit made by Kentucky Fried Chicken. Hence, Karen has copied the acronym of the fast-food chicken (Litman, 2021). Alternatively, she has been making use of certain similar spokespersons who have been sharing the physical characteristics to deprive her idea based on KFC’s iconic name under Colonel Sanders. Karen has even copied under the color schemes, with the Lanham Act that is enacted by Congress in the year 1946.
Apart from this, Lanham Act, states mainly the basic requirements for drawing to create trademark protection. Hence, in the case of the Lanham Act which states about creating eligibility on the trademark protection is required under the name, and in the case of the logo that must be commerce with the distinctive while creating a unique identity. Trademark law protects a company’s goodwill, which helps consumers to identify the sources of things to purchase. Therefore, a trademark with intellectual property laws can create protection to identity within the companies to prevent from copying the marks, the slogan, or any logo. Apart from this, I appreciate that you provided an analysis on the basis of the inferior products which is based on the similarities of the original products.
Reference
Litman, J. (2021). Edward S. Rogers, the Lanham Act, and the Common Law. Robert g. Bone & Lionel Bentley, research handbook on the history of Trademark Law (forthcoming 2023).
