Adidas America Inc. v. Payless ShoeSource Inc.

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– Read the following scenario below and the attached case study (in PDF file)
Adidas America Inc. v. Payless ShoeSource Inc. In 1994, Adidas and Payless got into a scuffle over stripes. Adidas had used its three-stripe mark as a logo of sorts since 1952, and had recently registered it as a trademark. But Payless was selling confusingly similar athletic shoes with two and four parallel stripes. The two companies hashed out a settlement, but by 2001, Payless was again selling the look-alikes. Fearing that the sneakers would dupe buyers and tarnish its name, Adidas America Inc. demanded a jury trial. The trial lasted seven years, during which 268 pairs of Payless shoes were reviewed. In the end, Adidas was awarded $305 million—$100 million for each stripe, as the Wall Street Journal’s Law Blog calculated.
1- Introduction (Summary of the case and the objective of the report. Must summarize the paper research so the reader will have a clear idea about what he will read and find in the paper research, address thesis statement at the end of the introduction).
2- Critically appraise how trademarks are protected in the UAE (CLO2, 15 Points).
1) Differentiate between protection of the company’s trademarks, and retains all other IP rights for an item developed by your company – CLO2
2) Apply the scenario mentioned in the case study to UAE, you have to list the trademarks laws in protection by referring to the clauses in the law of civil transactions, and in aspect of violations of trademarks as per the laws in UAE.
3- Judge what liability and remedies in case others imitate Adidas’s trademark in the UAE so Adidas may file a case for trademark violation. (CLO2, 10 Points).
1) Apply the scenario mentioned in the case study to UAE, you have to list the trademarks laws in protection by referring to the clauses in the law of civil transactions, and in aspect of violations of trademarks as per the laws in UAE.
2) Justify reasons for registration of trademarks although the same is automatic in most countries including UAE upon creation of the work or the used trademark – CLO2
3) Discuss from literature what are the issues that companies may face when protecting their trademarks and maintain the same within the global context – CLO3

4- Critically evaluate what rights are granted to the owner of a trademark in the UAE including the term of protection and how the scopes of protection of trademark rights are determined. (CLO3, 15 Points).
1) Considering the time frame, fees in case of violating the trademarks laws, mention the difference between trade mark and trade name, list the followed laws in UAE about trademarks.

2) Discuss from literature what are the issues that companies may face when protecting their trademarks and maintain the same within the global context – CLO3
3) Justify reasons for registration of trademarks although the same is automatic in most countries including UAE upon creation of the work or the used trademark – CLO2

 

Sample Solution

hat’s more, producers increased the prices of their goods and services in order to relay the increased production costs. This is referred to as cost-pull inflation. The lack of ability to secure imports in Venezuela contributed to the rise in production costs. This played a role in the further hindrance of Venezuela’s domestic production (Profolus 2018).

Under Maduro’s regulation, the money supply and minimum wage were increased, in attempt to manage consumer spending capabilities, as already discussed. The monetary explanation – is partially applicable when trying to understand the causes of Venezuela’s hyperinflation and it states that the idea of excess money supply with the same amount of goods leads to the decrease in value of a currency.

The current state of Venezuela, demonstrates the profligacy exhibited that lead to fiscal dominance of monetary policy. In attempt to diminish the gap between spending and revenue, a government may decide to fund expenditures via tax revenues – bonds that are to be paid back through future tax revenues or through central bank seigniorage – could be implemented. Seigniorage reliance from the government is likely to govern a lack of incline to continue using a currency which is losing value. Part of the seigniorage serves a purpose as an inflation tax. The rate of inflation acts as a tax rate therefore an increasing rate of inflation would result in higher levels of revenue for the government. This however, is dependent on the public’s willingness to maintain real money balances as an increase in inflation means a decrease in money balances available for public holding – potentially limiting the revenue generated by the government. In essence, hyperinflation can potentially be perceived as a large scale taxation scheme.

During periods of inflation, the real purchasing power of tax revenues decline. Constant expenditures lead to a larger budget deficit as a result of the reductions in the real value of revenues. This tendency of inflation to increase the real budget deficit is referred to as the Tanzi effect. During hyperinflation, however, the Tanzi effect reduces the real value of tax revenues.

It’s deemed that so long as individuals remain confident in fiscal authorities and their ability to respond to inflation – via the means of increasing taxes or decreasing expenditures – they will hold money as a means of exchange and store of value. However, upon the emergence of the Tanzi effect, people’s confidence in the gov

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