Law - INFRINGEMENT Assignment Example | Topics and Well Written Essays - 750 words

Law - INFRINGEMENT - Assignment Example hese reported incidents with the proceeding of court decision is of copying brand name and logo of â€Å"Nutella† and launching its replica â€Å"Nutello†. Although â€Å"Nutella† was a chocolate spread and â€Å"Nutello† was a beverage series of coffee, cocoa and tea, still the court decides the following with special reference to Singapore Business law, The law states that phrase or the name of the replica must have a visual, aural and conceptual compatibility. In this case the name do possesses visual and aural similarity but the concept was a bit different of both the organizations. The court concluded that the products will be regarded alike even when one of these three aspects is missing. This is because a relationship must be established and accessed with the terms under which the â€Å"Nutella† has been made in record and not what it is actually dealing with. Word mark â€Å"Nutella† has been registered for anything that deals with chocolate that relates to chocolate in any physical form (Gallezo, 2013). The judicial panel examined the concept of dilution in detail and concluded that the according to Section 2 (1) (b) of the trade mark act, dilution even if not likelihood to cause bewilderment and uncertainty in the general public, still is regarded as infringement because that make likely to cause it in prospect. The conclusion was yes, as there are drastic changes in the financial response of customer so this cannot be measured and predicted. For this purpose any infringe product if not giving economical loss now, can be damaging for the financial status of the trade mark holder in the near future. For this purpose infringement must be condemned at all stages. A similar incident has been reported in Thailand in which the KFC (renowned fast food chain) has been copied by a small restaurant in which the owner of that eatery uses same logo and color combination as that of KFC but uses the picture of Hitler (the notorious ruler) instead of Colonel Sanders who