CMA Foundation · Fundamentals of Business Laws and Business Communication · Legal Aspects of Business Communication
Arjun copies a competitor's company logo and uses a confusingly similar mark on his own product packaging and in advertisements to attract customers. Which branch of intellectual property is primarily infringed?
Trade mark rights are primarily infringed, with possible passing off. A logo identifies the source of goods, and using a confusingly similar mark to exploit a competitor's goodwill harms those rights. Patents protect inventions and are not the relevant branch for a brand identifier.
- ATrade mark rights, with possible passing offCorrect
- BPatent rights over an invention
- CRights in a layout-design of an integrated circuit
- DCopyright in a sound recording only
Explanation
A logo or mark that identifies the source of goods is protected as a trade mark. Using a deceptively similar mark to trade on another's goodwill also gives rise to passing off. Patents protect inventions, and the other options do not relate to a brand identifier.
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