MEMORANDUM
23RD NOV. 2017
To: The Chairperson of the Board
From: Tom Sawyer
Subject: Trademark Infringement: Lyons V. American College Of Veterinary Sports Medicine. & Rehabilitation.
The adoption of various intellectual property laws has been critical in safeguarding the innovations and inventions in the contemporary society. The Lyons versus American College of Veterinary Sports Medicine and Rehabilitation case depicts a situation in which ideal trademark infringement scenario between two parties. I therefore would like to bring to your attention the pertinent legal issues in the case:
The underlying factors in the trademark infringement
One of the important issues that are prominent in the case is whether Sheila Lyons, …show more content…
According to the U.S Code 1114 on Infringement, any reproduction of a registered mark without the consent of the author shall be liable for a lawsuit (Legal Information Institute). Legally, after the committee dismissed Lyons, it was supposed to follow the required legal framework that was going to ensure that the company acquires a new name or modifies the name, "The American College of Veterinary Sports Medicine and Rehabilitation,". This measure could have avoided the lawsuit that Lyons filed since she is the one who had the copyright of the business. According to the copyright law, the certificate of registration that Lyon acquired when registering the company was used by the plaintiff. Since the vital documents were acquired before Lyons partnered with other veterinaries, she had the right to claim intellectual property. Hence the defendant was merely using her property to run the organization. Lyons was also able to prove ownership of the original copyright. In this scenario, the court should have found the plaintiff liable for copyright