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Check Out Our The Protection of Business Ideas Essay

The protection of business ideas through copyrights, patents and trademarks is a crucial aspect in business. By registering MARIE’S CAJUN LOUISIANA HOT SAUCE with the Patent and Trademark Office, Marie Foch legally obtained the rights to prevent competitors from using brand names, logos, and other marks that are similar to her brand name and may be confusing for the consumers. Although the provisions concerning trademarks do not prohibit competitors from using an innovation to generate profits, they define the exclusive use of a trademark by the legally recognized owner (Gartner et al. 115). Furthermore, laws regarding trademark rights require compensation to the trademark owner if a trademark infringement results in lost sales for the claimant. However, when there are no losses on sales attributable to the actions of an infringer, the claimant can only obtain a court injunction. When Marie Nivelle started selling her products within Los Angeles under the name MARIE’S LOUSIANA HOT SAUCE, she infringed on Marie Foch’s trademark rights. Thus, Foch will obtain an injunction prohibiting Nevelle from selling her products within Los Angeles. However, the court can only grant her demand for money damages if there is substantial evidence regarding her loss of sales because of Nevelle’s actions.

Although Marie Nevelle started selling her sauce under the name MARIE’S LOAUSIANA HOT SAUSE earlier compared to Marie Foch, she did not take the necessary measures to protect her brand name. Thus, she did not acquire any rights granting her the ownership of her product name. In this regard, Marie Foch’s action of selling hot sauce in San Diego did not result to any infringement. Since Foch did not violate Nevelle’s rights, the court cannot impose injunctions against Foch (Shimp 73). In addition, the lack of trademark rights for Nevelle eliminates any provisions that could promote a court order requiring the assessment of lost sales incurred by Nevelle. Since Nevelle’s lawsuit is not valid, Foch will continue her business expansion process without any regulations concerning the use of the brand name in question. 

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