Question
Carole and Mark are the directors of, SOFTIE, a 100% cashmere clothing company. The company began producing cashmere gloves, scarves and socks for the Christmas
Carole and Mark are the directors of, SOFTIE, a 100% cashmere clothing company. The company began producing cashmere gloves, scarves and socks for the Christmas market in Ireland in 2000.Over the years the company gradually developed a national and international business by expanding the product to include sweaters. While the company sales have fallen in international airports due to lockdown, online sales have held steady to date and SOFTIE are optimistic about the future. Carole, who acts as the financial controller, is of the opinion that online sales should have been much higher because of lockdown. Mark, who is in charge of marketing, decided to do some research. He discovered that a new clothing company named SOFTY, entered the market in the past year.It also operates from Ireland and is selling online, providing a broadly similar product.The items are cheaper because they are only 20% cashmere.In fact, when Mark googled SOFTIE, the name SOFTY appeared.Mark is convinced that customers could easily confuse the products and he is very worried that the goodwill and reputation which SOFTIE have built up over many years is being affected.Mark had always advised against registering SOFTIE as a trademark.
What area of law does this problem relate to? and what advise would you give on the case?
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