Dear President Howard Purpose A company called Safe Choices, Inc. has accused Simply Green Products of trademark infringement, and has sent a cease and desist letter to President Howard, demanding that Simply Green Products stop using the name “SafePack”. The letter asserts that a) Safe Choices uses the SafePack name to market an emergency weather kit in the form of a backpack; and that b) Safe Choices had received a federal registration for the mark from the Patent and Trademark Office in 2002. This backpack is sold both online at safepack.com and in sporting goods stores nationwide. The letter goes on to suggest that Simply Green Product's use of this name “constitutes a false designation of origin which is likely to confuse customers as to the source of the goods”. The intellectual property issue at hand involves the Lanham Act. Summary …show more content…
Under the Lanham Act in order to proceed with a trademark infringement claim, one have to prove that it has a valid mark protection entitled, and the other business used a comparable or the same trademark in commerce in connection with the advertising, services or sale of the goods without consent.
Businesses filing the claim must also show that the business use of the trademark is expected to cause uncertainty as to the association, relationship or the affiliation among them. To establish a violation of the Lanham Act for either a registered mark under 15 U.S.C. § 1114, or an unregistered mark under 15 U.S.C. § 1125(a), the plaintiff must demonstrate that (1) it has a valid and legally protectable mark; (2) it owns the mark; and (3) the defendant's use of the mark to identify goods or services causes a likelihood of confusion.( A&H Sportswear, Inc. v. Victoria's Secret Stores, Inc., 237 F.3d 198 (3rd Cir.
2000).) “Likelihood of Confusion” • Likelihood of confusion only exists when viewing the allegedly infringing mark by consumers would think the services and products being represented are related to the sources of a different service or product with the same trademark. If the products that are being questioned are completely dissimilar which in this case they are, trademark infringement will not be found. Safe Choices Inc. markets a weather kit in the form of a backpack with the trademark “SafePack”, where consumers can purchase online at their website safepack.com or either in any sporting good stores nationwide. Whereas us at Simply Green Products market fruits apples, peaches and pears, so confusion here is unlikely and infringement should not be found. If a consumer is in fact online and looking for a weather pack kit and for some reason come across our products they will not purchase it out of confusion of a weather pack kit, because fruits has nothing to do with the weather preparation, also we are not selling our products in the form of a backpack so there should not be a mix up even if the trademark is the same. So if we decide to continue to use the “SafePack” trademark we would not be in violation of the Lanham Act because there is no similarity in these products to cause any type of confusion. Nor has Safe Choices Inc. provided proof we there has been confusion with any of their consumers. Conclusion With this situation I would not advise that this matter be handled by the company’s outside counsel. Using an outside counsel can be very cost efficient and since the business has only generated $10 million we need to watch our extra expenses. Also based on the Lanham Act there is no reason why in house counsel should not rule in our favor in authorizing us the continuing usage of the trademark. According to the Lanham Act Rule 15 there is no confusion in our products that would cause a problem with the purchases from the consumers.
The purpose of this memorandum is to list that key procedures have been performed, integrities have been compromised, and professional standards were applied through the confirmation process. Positive confirmations send to and received by Simply Soups Inc. on November 2, 2015. These positive confirmations provide evidence to us when response is obtained from the recipient. The purpose of applying positive confirmation in this case is that contacting third party directly helps us to access outside party records
Customer loyalty is another competitive advantage. Trader Joe’s doesn’t provide membership card to the customer, however customer still would like to choose Trader Joe’s just because of this
In only reading this statement, Safeway’s reason for being seems to be both centered on their customers and in making money for their investors. The core value of satisfying customers, gaining their loyalty, is supported by the values of “superior-quality,” uniqueness and innovation (Safeway, n.d.). Price is not mentioned in this statement. The terms used instead point to a strategy of differentiation. The experience of being the center of attention brings people back into Safeway. They find better items in a different atmosphere.
Target must compete vigorously and fairly in the marketplace using our independent judgment to make the best decisions for the Company.
Johnson & Johnson, a healthcare company that has dominated its industry for several decades, is currently undergoing managerial upheaval in light of recent blunders amongst its top-tier managers. It has spent years priding itself on appeasing stakeholders and being a safe provider of various pharmaceuticals, but product recalls and subsequent revenue drops have plagued the company as of late. Alex Gorsky spearheads Johnson & Johnson’s revival after previous CEO William Weldon resigned due to missteps. The cause of which stems from misinterpretation of common business ethics through poor leadership and social responsibility that damage the stakeholders.
Each division has its own brand management, sales, finance, product development and operations line management and was evaluated as a profit center.
Retailers have the options to offer products which carry another company’s brand, developing private-label products or selling a combination of branded and private-label products
This case examines issues of asset control for Ben & Jerry’s Homemade, Inc., in light of the outstanding takeover offers by Chartwell Investments, Dreyer‘s Grand, Unilever, and Meadowbrook Lane Capital in January 2000.
Imagine this: more customers than ever before, more products to save, bigger donations to new communities, and giving shoppers what they need when they need it. I am an eighth-grade student at Silver Hills Middle School in Westminster, Colorado. I am also a loyal customer at Trader Joe’s, you bargain hard to pass the saving to the customers, and I enjoy that! I can’t thank you enough for all the hard work you put into every one of your Trader Joe’s stores and in the way you give back to the community. Your company, Trader Joe’s, has become extremely popular in the United States since it was founded in 1958. In fact, there are 474 locations in the US as of October 12, 2017, so why not add one more?
The transnational corporation Nestle Company founded in 1886 based in Vevey, Switzerland, sells its products in 189 countries and has manufacturing plants in 89 countries around the world, boasting an unmatched geographic presence. The company started off as an alternative to breastmilk and initially looked into other countries for an increase in global opportunities. It founded its first out of country offices in London in 1868, and due to the small size and inability of Switzerland to compensate growth manufacturing plants were built in both Britain and the United states in the late nineteenth century. A large portion of Nestlé’s globalization came in the 1900s which was when it first moved into the chocolate business after
In brief, Canada’s history with trademarks can be traced back to pre-confederation in 1860, whereby the legislative council and Assembly of Canada adopted An Act Respecting Trademarks. Thereafter, the Trade-marks Act which is still in use today was enacted in 1953. Since that time, however, only minor changes have occurred within this Act. For instance, in 2005, the Canadian Intellectual Property Office (CIPO) wanted to modernize the Trade-marks Act. This included, but was not limited to changes to the regulation of non-traditional trademarks. This very brief historical overview shows Canada’s reluctance to make radical changes to the area of trademark law. This in turn creates a disadvantage for potential trade mark owners in Canada, as the law is not as comprehensive to cover areas such as non-traditional signs. Markets are constantly changing and with the innovations in technology, companies need these new and innovative ways to distinguish themselves in new ways to stay current in the marketplace and attract customers. Therefore with Canada’s stagnation in making changes in the law to in recognition of globalization and technological innovations, it puts Canadian companies at a disadvantage. However, with the passing of Bill C-35 it can be argued that slowly but surely, Canada will be on par with other jurisdictions around the world. This will shown by analyzing the current trademark law in the EU and US.
The purpose of this report is to evaluate Nestle Company industry based on the case study and comprehend how the company develops strategic intent for their business organizations following the strategic factors and approaches. I will analyze the strategic management process as firm used to achieve strategic competitiveness and earn above-average returns. I will critically examine the strategy formulation that includes business-level strategy and corporate-level strategy. It also aims to identify market place opportunities and threats in the external environment and to decide how to use their resources, capabilities and core competencies in the firm’s internal environment to pursue opportunities and overcome threats.
Many cases of foodborne illness are linked to retail eating establishments. Consumers have high expectations that their food is safe; therefore you, as a food handler, have a responsibility to safeguard the health of consumers.
In 2011 PepsiCo announced the launch of their Social Vending System. This system featured a full touch interactive screen. A consumer can select a beverage and enter the reciepent's name, mobile number, and personalized message and gift it with a video. PepsiCo uses technology to their advantage for global implementation.The company uses media sites in multiple was as advertisement and marketing tools.
Ben Cohen and Jerry Greenfield founded Ben & Jerry's Homemade Ice Cream in 1978. Over the years, Ben & Jerry's evolved into a socially-oriented, independent-minded industry leader in the super-premium ice cream market. The company has had a history of donating 7.5% of its pre-tax earnings to societal and community causes. Ben and Jerry further extended their generosity by offering 75,000 shares at $10.50 per share exclusively to Vermont residents, so that they may help those who first supported the company; Ben and Jerry's wanted residents to profit from their venture as well. In addition, steady growth and a widely recognized brand name helped Ben and Jerry's obtain 45 percent of the premium ice-cream market, yet the company stock price remained stagnant at $21 a share for several years.