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Business Law

Student name

ID
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Business Law

Issue 2.1: Whether a legal trademark and copyright infringement case can be established against

Kuwaiti Suppliers Ltd.

Issue: The issue is whether a legal trademark and copyright infringement case can be established

against Kuwaiti Suppliers Ltd.

Rule: The law of trademarks and copyright safeguards intellectual property and restricts

unauthorized reproduction or use of safeguarded materials. The owner of a trademark or copyright

has the sole right to use and reproduce the safeguarded material; others must obtain permission

from the owner before use. Trademarks and copyrights both shield varying types of intellectual

property. Trademarks are symbols, words, or phrases that differentiate and identify a firm's

commodities or services from others in the market (Kahkeshan & Ansari, 2022). On the other hand,

Copyrights preserve original authorship works, including books, music, and artwork. Safeguarding

both is essential for individuals and businesses to establish their identity and secure their creations.

Inappropriate manipulation or replication of a trademark or copyrighted material can impede the

marketplace or cause financial losses to the proprietor. Nonetheless, fair use and other regulatory

mechanisms within trademark and copyright protection are in place to balance the necessity for

protection and the public's access to information and ideas.

Application: In this scenario, Kuwaiti Suppliers Ltd. has utilized Al-Amin Trading Co.'s logo and

design without authorization, infringing on their trademark rights. Al-Amin Trading Co. can use

and reproduce its logo and design. Furthermore, Kuwaiti Suppliers Ltd. has copied and circulated

Al-Amin Trading Co.'s promotional materials, violating their copyright. Consequently, Kuwaiti

Suppliers Ltd can face legal action for trademark and copyright infringement.

Conclusion: Based on trademark and copyright law principles, Kuwaiti Suppliers Ltd. has violated

Al-Amin Trading Co.'s intellectual property rights. Al-Amin Trading Co. can legally pursue
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Kuwaiti Suppliers Ltd. and seek redress for the infringement. This includes injunctions to prevent

future violations and damages.

Issue 2.2: Can a legal patent infringement case be established against Kuwaiti Suppliers Ltd?

Issue: The issue is whether a legal case of patent infringement can be established against Kuwaiti

Suppliers Ltd.

Rule: Patent law shields inventions and bestows the inventor with sole proprietary rights to

manufacture, use and trade the invention for a fixed duration. Unauthorized usage or trade of the

invention is prohibited without the inventor's consent. Patent law promotes innovation and progress

by compensating inventors for their novel ideas (Platz & Rozell, 2019). Exclusive rights granted

under a patent assist the inventor in recouping the investment costs associated with creating their

invention, further encouraging future innovation. Disclosure requirements, a feature of patent law,

promote idea-sharing by forcing inventors to publicize their inventions to obtain a patent. However,

it's crucial to balance these benefits with the need for competition and prevent monopolies from

hindering innovation and harming consumers. Thus, patent law includes compulsory licensing

provisions and caps on both the duration and scope of patents.

Application: In this instance, Al-Amin Trading Co. asserts that Kuwaiti Suppliers Ltd. illegally

utilized a novel manufacturing process protected by their patent. This breach constitutes patent

infringement as Al-Amin Trading Co. alone has the right to use and vend the invention. Kuwaiti

Suppliers Ltd. could face a legal case for patent infringement.

Conclusion: Based on patent law principles, Al-Amin Trading Co. alleges that Kuwaiti Suppliers

Ltd. utilized their patented invention without permission. This unlawful usage infringes on Al-Amin

Trading Co.'s patent rights, which give them the exclusive right to use and sell the invention.

Hence, Al-Amin Trading Co. could initiate a legal case against Kuwaiti Suppliers Ltd. They may

seek compensation, including damages and injunctions, to prevent future infringements.

Issue 2.3: Should the court forbid Kuwaiti Suppliers Ltd. from using the materials/processes on

which Al-Amin Trading Co. claims to have intellectual property rights? Is there any additional
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remedy that the court should consider in favor of the adversely affected party (remedies must be

explained)?

Issue: The question is whether Kuwaiti Suppliers Ltd. should be prohibited from utilizing the

materials or processes to which Al-Amin Trading Co. claims to have intellectual property rights.

Whether the court should entertain any further forms of redress remains to be seen.

Rule: If intellectual property rights have been violated, the aggrieved party can seek multiple

remedies, such as damages and an account of profits (Trimble, 2019). The court may issue an

injunction against the infringing party to halt further infringement. Infringing materials may be

subject to destruction as part of the remedial measures.

Application: In this instance, Kuwaiti Suppliers Ltd. violated Al-Amin Trading Co.'s intellectual

property rights by using their trademark, copyright, and patent without authorization. To prevent

further infringement, the court should mandate an injunction against Kuwaiti Suppliers Ltd. from

using the materials and processes Al-Amin Trading Co. claims to have intellectual property rights.

Conclusion: Besides seeking an injunction to prevent further infringement, Al-Amin Trading Co.

could pursue damages for the infringement, including an account of profits made by Kuwaiti

Suppliers Ltd. through the unauthorized use of their protected materials and processes. Al-Amin

Trading Co. may also request the destruction of infringing materials to prevent future usage.
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References

Kahkeshan, S., & Ansari, M. J. (2022). Non-Conventional Trademarks: The Spectrum of

Distinctiveness in the Era of Globalization. Issue 1 Int'l JL Mgmt. & Human., 5, 1117.

Platz, J. A., & Rozell, E. J. (2019). Balanced Patent Incentive Policies: Make Your Innovation

Rewards as Smart as Your Employee Inventors. Business Journal for

Entrepreneurs, 2019(1).

Trimble, M. (2019). The territorial discrepancy between intellectual property rights infringement

claims and remedies. Lewis & Clark L. Rev., 23, 501.