It is unlikely that the name can be protected by copyright because a name will not qualify as a literary work under copyright law or the word is commonplace. Names which have been held not to be protected by copyright include Exxon, opportunity knocks and the man who broke the bank at Monte Carlo. Certain distinctive words and pictures may be registered as trademarks and trademarks legislation. Furthermore, the consumer protection provisions of the trade practices law which prohibit misleading or deceptive conduct in. The temptation is may be used in business versus business cases to stop others using a business name.
Sections 52 and 53 cases have involved names such as Big Mac, Taco Bell and Triathlon as the name of sports magazine. Even the use registered businessman could breach section 52 or section 53 of the trade practices legislation in Australia. Penalties under the trade practices act include fines, injunctions, damages and the adverse publicity formally called corrective advertising. A person engaged in passing off could also be misleading or deceptive in breach of section 52. The Court noted in Hornsby building information case section 52 was quite extensive jurisdiction in passing off actions which was a consequence of a very direct relationship which necessarily exists between the perception of consumers and course of trade on the enquiry caused by the unfair practices of the trade rival. If you want to know more about business names law, there are varying specifics across different jurisdictions but the broad principles are basically the same.
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