A New Electronic Board Game

2478 WordsApr 30, 201510 Pages
Paul Smith, Roberta and Theo are 3 friends whom want to start a new business based upon their idea of a new electronic board game, which will be manufactured by the group themselves. Within this case, I have found many legal issues that must be tackled or understood for the business to run legally and smoothly. The first issue found in the case is based around the logo that has been created by Paul for their business. First, we have to ask if Paul has checked his logo; which can also be known as a trademark, against New Zealand’s list of registered trademarks and if their chosen trademark (name, brand, logo) is the same or similar to any others registered companies. Secondly, we would need to see if Paul plans to register the company. Paul could decide not to register the company but still successfully use their unregistered trademark due to S9 of the Fair Trading Act 1986 (FTA), yet a registered trademark offer’s the company better protection and it is strongly advised that companies register their trade mark under the Trade Mark Act 2002 (TMA). The TMA offers a number of advantages over the FTA in terms of trademarks. Trademarks are considered under statue law meaning it can be both criminal and civil law, therefore meaning the company could be sued or face a large fine if their trademark is similar to another and they continue to use it. This could misrepresent the original owners of the trademark, which may lead to loss for the particular company. In this case, the trio
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