Posted: September 17th, 2017

Copyright and Trademark Law

The question is about Copyright and Trademark Law

Jane Adams has published a novel. The central character is called Dr Henry Smart: he is a University Professor of Forensics and solves the most mysterious crimes in collaboration with the local police team. Jane’s book becomes a best seller and Movix Pictures Ltd asks her permission to create a film based on her book.
Jane discovers the following activities relating to her work and comes to you for legal advice.
• Dennis Stuart has published a book, using Dr Smart as a central character. He refers to incidents mentioned in Jane’s book but he does not copy her original expression. In his book, he explores the childhood of the man who later became Dr Henry Smart.
• Movix Pictures Ltd has appointed Ed McRury, a screenplay writer, to work on the film adaptation of Jane’s book. In an interview released to Screen International, Ed has expressed his intention to change parts of Jane’s story in the film adaptation of the novel. He will create incidents that are not included in the original plot and indicate that Dr Smart suffers from an unusual psychological condition.
• TV-Fashion Ltd prints mugs and T-shirts bearing the name “Dr Smart” and short sentences from Jane’s book. They have not requested a license from Jane but in their products they attach a label that this is “unofficial” merchandise.
• Dr James Smart, an expert of herbal medicine, registers a trade mark “Dr Smart” under classes 5, 20 and 30, and places his “Dr Smart herbal teas” on the market.
Advise Jane on the available courses of actions to protect her interests.

Remark :
90% of available marks will be allocated to the application of judicial decisions, judicial and academic comments to the topic under discussion and no limited writing style. You may present information in the way that best conveys your ability to analyse and apply your knowledge, understanding, and research.

This part for detail in the program that it may be useful for answer the question

Relevant books:
Paul Torremans, ‘HolyoqkqndTorremans : intellectual property law” (7th end Oxford press 2013
Lionel Bently and Brad Sherman, “Intellectual Property Law” (4th edn Oxford press 2014)

Catherine Colston and Jonathan Galloway, “Modern Intellectual Property Law”(3th ednRoutledge 2010)

University of London Press Ltd v. University Tutorial Press Ltd (1916)

Colston and Jonathan Galloway, “Modern Intellectual Property Law”(3th ednRoutledge 2010)[p34]

Catherine Colston and Jonathan Galloway, “Modern Intellectual Property Law”(3th ednRoutledge 2010)

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