Question
Based on the Case study Scenario above below is the main question. Question : What is a trademark? Which elements of Marcus's restaurant brand could
Based on the Case study Scenario above below is the main question.
Question : What is a trademark? Which elements of Marcus's restaurant brand could be eligible for trademark registration under the Trade Marks Act 1995 (Cth)? Identify the appropriate class of goods/services and provide a description for registering AquaCuisine's trademarks.
For this IRAC Legal Essay Based on the Question above discuss 3 critical relevant issues (detailed) concerning the question above and each issue should have a detailed reference to the specific leading and relevant Australian Legislation statute ( relevant statutes of Trade Marks Act 1995 (Cth) based on question above) or sub statute and an appropriate relevant legal case (for each issue) Also the Australian Legislation statutes should be different for each issue discussed .
Counterarguments play a crucial role in demonstrating critical thinking and can be woven into both short and long-answer responses. Have 3 of them for each of the main issues you discuss and provide a legal case for each counterargument.
Afterwards apply the 3 critical issues along with their legal statutes and legislation and counter arguments to the question scenario above and be very detailed about it.Then conclude this properly and what was established by this .Please In an IRAC Legal Essay Format.
Engage with many materials beyond just legal cases and Australian legislation (Although focus heavily on those) , refer to many sources with deep dive into relevant justifications, supported by authoritative commentary.Refer to authors or any journal articles as well relating to the question above and scenario but make sure it is an authoritative source.This will enrich the analyis please
For this question there is a need for structured legal analysis. With a heavy emphasis on case law, relevant Australian legislation and statutes, and the application of those legal principles to the scenario.
IRAC is a methodology for legal analysis, and stands for Issue, Rule, Application and Conclusion. Your first step should be to identify the issue or legal question at hand. Secondly, you state and explain the rules (legislation or case law) that are relevant in deciding the issue identified. The third step is to apply the rules that you explained in the section above to the facts at hand. Finally, you conclude on the issue that you had identified in the first step.
Remember step 2 and 3 in IRAC are the ones which most information should be written upon.
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