Amy and Kim want to start a business manufacturing and selling fermented foods such as sauerkraut, kimchi and kefir. They have been making these foods at home for many years and have seen many health benefits through eating and drinking those foods, They decide to start a company called Fermented Foods NZ to sell kimchi and sauerkraut before expanding into more product lines. Their products will be sold in Auckland. They propose to do the following: a) Register KIM-CHI as a trademark for the name of their kimchi (because Kim loves Tai Chi and she thinks kim-chi is a clever combination of her name and Tai Chi). b) Register OCHOS as a trademark for their sauerkraut because Amy's favourite brand of chocolate is made in Dunedin by Ocho Ltd and she really likes the name. (Ocho Ltd have registered OCHO as a trademark over chocolate and chocolate bars. Ocho is a small business and is not well known.) c) While they have not yet applied to register either KIM-CHI O OCHO as a registered trademark they want to use KIM-CHIT and OCHOST on their packaging d) Use the following statements on the jars of their kimchi and sauerkraut respectively: "Kimchi has been proven scientifically to boost immune health" and "Sauerkraut has been proven scientifically to boost immune health". Part A (5 Marks) Identify whether Amy and Kim are likely to be successful in their application for trade mark registrations for KIM-CHI and OCHOS and explain why or why not Part B (10 Marks) If they do not go ahead with their trade mark applications and simply use those trade marks on their products, would their actions (including the statements about health benefits), potentially breach the Fair Trading Act 1986 and/or the Trade Marks Act 2002? If you believe any of their actions would breach either Act, advise what changes Amy and Kim could make to ensure that they do not breach the Acts. Part C (10 Marks) Since Amy is planning to register a trademark for a Business name that she knows is already in use in relation to a food product produced by another company (i.e. Ocho), is she acting morally, immorally, or amorally in your view? Justify your answer. Amy and Kim want to start a business manufacturing and selling fermented foods such as sauerkraut, kimchi and kefir. They have been making these foods at home for many years and have seen many health benefits through eating and drinking those foods, They decide to start a company called Fermented Foods NZ to sell kimchi and sauerkraut before expanding into more product lines. Their products will be sold in Auckland. They propose to do the following: a) Register KIM-CHI as a trademark for the name of their kimchi (because Kim loves Tai Chi and she thinks kim-chi is a clever combination of her name and Tai Chi). b) Register OCHOS as a trademark for their sauerkraut because Amy's favourite brand of chocolate is made in Dunedin by Ocho Ltd and she really likes the name. (Ocho Ltd have registered OCHO as a trademark over chocolate and chocolate bars. Ocho is a small business and is not well known.) c) While they have not yet applied to register either KIM-CHI O OCHO as a registered trademark they want to use KIM-CHIT and OCHOST on their packaging d) Use the following statements on the jars of their kimchi and sauerkraut respectively: "Kimchi has been proven scientifically to boost immune health" and "Sauerkraut has been proven scientifically to boost immune health". Part A (5 Marks) Identify whether Amy and Kim are likely to be successful in their application for trade mark registrations for KIM-CHI and OCHOS and explain why or why not Part B (10 Marks) If they do not go ahead with their trade mark applications and simply use those trade marks on their products, would their actions (including the statements about health benefits), potentially breach the Fair Trading Act 1986 and/or the Trade Marks Act 2002? If you believe any of their actions would breach either Act, advise what changes Amy and Kim could make to ensure that they do not breach the Acts. Part C (10 Marks) Since Amy is planning to register a trademark for a Business name that she knows is already in use in relation to a food product produced by another company (i.e. Ocho), is she acting morally, immorally, or amorally in your view? Justify your