Question
Could anyone help me with this case in Law regarding Intellectual Property Law. Please elaborate the questions to the case in detail. This is the
Could anyone help me with this case in Law regarding Intellectual Property Law. Please elaborate the questions to the case in detail.
This is the case:
Lisa is a young entrepreneur who wants to establish her own business. Over the past two years, she has designed a wooden key holder. The basic idea is to have a combination of a plank and magnetic hooks. The wooden plank is variable and extendable, uses little space, and can be attached, detached, and re-attached in an easy way on walls, in shelfs or wardrobes, behind doors, and even under tables or wallboards. Lisa named her product "Easy-keysi", created a slogan to promote her key holders ("Organize your Keys with Ease"), and had a friend design a logo and website including online-shop. Lisa already has been granted a design registration with the Swiss Intellectual Property office. As the sales figures increase, Lisa thinks about better protecting her intellectual property. For the time being, she would need legal protection in Switzerland.
All the questions need to contain the main legal considerations and a clear reasoning with a reference list at the end of the task for every resource used for the task. Each entry shall contain the author's name date, title and source.
These are the questions:
1. What about Lisa's business can be protected by trademark law, and how can protection be achieved?
2. Can Lisa's product be patented?
3. Last month, Lisa presented her product at a design fair in Winterthur. A young designer approached her, and told her she better take care and change the name of her product. He designed a foldable chair with the name "Eazy-bizy", and warned Lisa not to violate his existing trademark. Is Lisa violating the young designer's trademark?
4. Lisa's friend who designed the logo told her to best include the Swiss cross in the logo, that would help in selling her products. Under what conditions would Lisa be allowed to include a Swiss cross in her logo?
These are the links you can use as a help: https://www.ige.ch/en/
https://www.ige.ch/en/law-and-policy/national-ip-law/indications-of-source/swiss-indications-of-source/swissness
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