Rally Round the Trade Name Assignment Example | Topics and Well Written Essays - 1250 words

Rally Round the Trade Name - Assignment Example The main characters, in this case, are Rally and Herman. Rally feels that Herman infringed his business because although his name is Herman he uses Rally as his business name. Rally fails to have solid grounds to sue because Herman established his business name first in this area of jurisdiction and hence he cannot be sued for it (Rally round the trade name, 2010). 1. Explain whether or not the fact that Gabby’s surname is Rally gives her the right to use it any way she wishes. In life, one has a right to use whatsoever name he or she decides as a business name especially when that name is your real name. In the movie, Gabby has a right to use her surname, but in her case the usage of her surname Rally is legal. For this reason, she is under the obligation to make sure that by using her last name she does not stir a conflict with an already existing company that uses the name. If within the same geographical area the company with the same name exists and uses it as its trade name or the name is part of a trading name, then serious consequences are likely to be faced. The law of the land permits the bona fide use of the surname only for the trade name. If an unregistered company is running in the same geographical area and it is using the same trade name, Gabby will still be a victim of an infringement of the trade name. Thus, she must take great care while using her surname as her company trade name. In commerce, it is of less concern or does not make any d ifference whether one is using his or her real name or whatsoever name. The issue will be if one is infringing on a business name of somebody else. Therefore, Gabby must register it first to use her surname as her trademark or trade name (Rally round the trade name, 2010).