Trademark Essay

Trademark Essay
Executive summary
In this report, a trademark has been designed for a new startup company, which provides services
related to water filtration and technologies in mining and irrigation sector. Trademark specifically
deals with new water filtration process for mining sector. Different types of trademark discussed and
which one chosen and why chosen has been explained. Further Application process of filing
trademark in Australia is explained in detail including five–step application process and in case of
rejection of application what can be strategy to refile and make application successful.
Introduction
Trademark is a visual representation of specific product or a company. It can be a word, letters,
graphical design or combination of ... Show more content on Helpwriting.net ...
The letter IRRH20M means irrigation, H20 chemical name for water and M for mining. Therefore,
letters in trademark covers whole business areas of our start up where as water logo together with
hammer and rocks shows our specialty and innovative service for mining sector.
Eligibility factor
Solely I own the company and this trademark mentioned above will be used only for our new
service in mining sector as stated earlier.and I have a bachelor's degree in chemical engineering with
five years of experience in industries related to water purification and treatment. Further, I have
completed Masters of Engineering from Deakin University, Australia. I am registered with
Engineers Australia and with international chemical engineering society ICHEM.
Types of trademark
A trademark represents solely your company or brand it's the first thing people see on your product
or service and just by examining a logo when can recognize your enterprise or company. It is like a
signature of a business or a product by a business that no other person or company can use. A
trademark can be of different types some general type includes
Word mark (e.g. Ford in particular font)
Number (Just number in particular font and design)
Letter (Only letter or combination in particular font or style)
Phrase (Like "I'm lovin' it" for MacDonald's)
Logo (Apple company logo of apple in silver color)
Sound trade mark
... Get more on HelpWriting.net ...

Defining Infringement Of Trademark Rights
2. Trademarks
Trademarks will include names or marks that are associated with Snapdeal's products and services.
While trademark rights are acquired by use, registering the company's trademark with the Indian
government Intellectual Property Office will enhance its rights. A trademark is typically a name,
word, phrase, logo, symbol, design, image, or a combination of these.
Clearly, it is notable that website content can infringe on trademark rights. The similarity of the
marks and the similarity of the goods or services are important factors in assessing infringement of
trademark rights. If Snapdeal has a unique name for its business or product then the company should
seek advice from an experienced trademark lawyer. Internet trademark use that is lawful in the
website owner's jurisdiction may infringe trademark rights in other jurisdictions.
The following are some measures that Snapdeal may consider to protect trademarks on the Internet.
Ensure that the Internet been searched for the trademark Snapdeal intends to use. It will be wise to
conduct this search before registering and using domain names.
Snapdeal should consider using and registering its domain name as a trademark. This will help the
company support a claim of trademark rights if someone challenges its use of a particular trademark.
Registrations should be made in as many common domains as possible (e.g. .com, .ca, .org, .net).
Snapdeal must declare its trademark right on its websites and also declare its

Trademark Infringement Essay
Trademark infringement is a growing concern to businesses that has caused disruptions in both local
and international trade. Infringement is the violation of intellectual property rights in which violators
take organizations/individuals ideas (trademark) and market them as their own. Another form of
intellectual property is copyright that protects people's creating expressions. In the case of
infringement and copyrights, the accuser can file a claim against the alleged group/individual for
using their trademark or ideas. If they are convicted then they'll be required to pay reimbursements
for damages caused or losses incurred, prohibit further infringement actions, and recall all products
that were produced, but there is a loop hole in this ... Show more content on Helpwriting.net ...
The other way would be excluded to claim of unintentional action has a liable excuse all together.
The issues concerning infringement and copyright isn't just a problem here in the U.S., but
international as well. The only difference being that it is harder to enforce these rules and
regulations and to resolve these issues when each country has their own. Although there are
standards that are enforced by most industrialized nations there are no fully international property
rights and countries don't always interpret and enforce intellectual property right with the same
standards. This problem could be addressed by setting international rules and regulations that could
be used to address more of specific issues then the basics that are covered in the Trade–Related
Aspects of Intellectual Property Rights (TRIPS) and the World Trade Organization (WTO). Also, the
establishment of an international system for protecting intellectual property that would manage and
enforce these regulations in each

Intellectual Property: Copyright, Trademark
Intellectual property
Intellectual property refers to the nonphysical property that is legally protected and owned.
Intellectual property includes properties such as copyright, trade secret, patent, or even ideas.
Intellectual property is called so as it is the creation of human intellect. The right enjoyed by
creators over an intellectual property is called the intellectual property right.
Among others, following intellectual properties can be used to protect the business or ideas from
competitors.
Trademark
Trademark is very useful as it prevents others from using the mark owned by a person or business.
For example, if ABC Corporation is the owner of mark "Alfa", no one can use this mark without
ABC Corporation's permission. This enables

Case Study Of Whirlpool Corporation
IPR Assignment
Appellants: N.R. Dongre and Ors.
Vs.
Respondents: Whirlpool Corporation and Anr.
FACTS & CASE HISTORY:
The Whirlpool Corporation ("Respondent 1"), is a multi–national company incorporated in U.S.A
under the laws of the State of Delaware. TVS Whirlpool Ltd. ("Respondent 2") is a private limited
company incorporated in India in which the Respondent 1 is a majority shareholder. Respondent 1
since 1957 had 2000 trademark registrations all over the world across 65 countries. In 1956,
Respondent 1 obtained the trademark registration of "WHIRLPOOL" but in 1977 the trademark
registration expired as a result of a failure of renewal.
Seeing the opportunity, Mr. N.R. Dongre and his company filed for an application for registration of
trademark 'Whirlpool'. Thereafter, when the registration application was published, Respondents 1
& 2, under the banner of TVS Whirlpool Ltd. opposed the granting of registration of the trademark.
However, the Assistant Registrar of Trade Marks dismissed the claims of TVS Whirlpool Ltd on the
following grounds:
... Show more content on Helpwriting.net ...
There would not be any likelihood of any confusion arising if Mr. N.R Dongre and his company is
allowed to sell out products bearing the name' Whirlpool'.
Aggrieved by this decision, TVS Whirlpool Ltd. filed for an appeal against the order of the Assistant
Registrar before the Delhi High Court. They filed for a petition under Section 46 and 56 of the Trade
Marks Act, 1958 seeking for cancellation of registration of trademark for N.R. Dongre and his

Trademarks Protection Under Trademarks Act with Passing Off
INTRODUCTION A. History of Trademarks: Trademarks commonly referred to as 'identifying
marks' or 'distinctive marks'[1] have been recognised in some form or the other since times
immemorial. They were one of the foremost forms of intellectual property protection witnessed by
the world and have undergone a steady evolution since then. The first legislation on trademarks can
be traced to England where the Bakers Marking Law, 1266 was enacted, which governed the use of
stamps or pinpricks on loaves of bread. The first case of trademark infringement, Southern v How
was heard as far back as 1618. The common law of trademark arose originally to prevent
manufacturers from trying to pass off their goods as someone else's. Since ... Show more content on
Helpwriting.net ...
The selected mark should be capable of being represented graphically (that

Agreements And Enforcement Mechanism And Its Effectiveness
Trade Marks:
Compliance and Enforcement mechanism and its effectiveness to deal with the problem
The Agreement on Trade–Related Aspects of Intellectual Property Rights (TRIPS) sets down
minimum standards for many forms of intellectual property (IP) regulation as applied to nationals of
other WTO Members. It is s an international agreement administered by the World Trade
Organization (WTO) that.
Scenario in India:
In 1994 TRIPS (The agreement on Trade–Related Aspects of Intellectual Property Rights) came into
existence and hence in accordance with it the Indian laws got amended from old Indian Trade and
Merchandise Marks Act, 1958 to new Trade Marks Act, 1999
In India, a combined civil action for infringement of trademark and passing off can be initiated. For
sustaining a civil or criminal action against violation of trademarks in India registration of a
trademark is not a pre–requisite.
Infringement:
These are the violation of the exclusive rights given to the proprietor who has registered the trade
mark. These involves usage of the similar looking or replica of the registered trade mark for their
unsolicited benefits without permission or authorization from the proprietor who has registered the
trade mark. Also if someone has use some trademark and have not registered it, in that case Indian
law protect the one who has used it first from the one who has registered it giving benefit of doubt to
the one who come up with it earlier.
Infringement is also viable for criminal

Overview of Intellectual Property
Intellectual Property
Table of Contents
Overview of Intellectual Property 3
Types of Intellectual Property Rights 3
Industrial property 4
Copyright 5
Controversy of Intellectual Property 5
Intellectual Property in the Digital Age 7
No Electronic Theft Act 9
Digital Millennium Copyright Act of 1998 9
Case Study Involving Intellectual Property – Domain Names 9
Conclusion 11
Overview of Intellectual Property
The term intellectual property refers to the innovations of the human mind. Intellectual property
rights protect the interests of these innovators by giving them property rights attached to those ideas.
The term "intellectual property rights" stands for these legal rights that authors, inventors, and other
creators have. Intellectual ... Show more content on Helpwriting.net ...
Views on intellectual property vary from the belief that that intellectual property should be
protected, to the view that ideas should be completely unrestricted and free to use. Thomas Jefferson
believed that ideas had the right to be shared, saying:
"If nature has made any one thing less susceptible than all others of exclusive property, it is the
action of the thinking power called an idea, which an individual may exclusively possess as long as
he keeps it to himself; but the moment it is divulged, it forces itself into the possession of everyone,
and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses
the less, because every other possesses the whole of it. He who receives an idea from me, receives
instruction himself without lessening mine; as he who lights his taper at mine, receives light without
darkening me. That ideas should freely spread from one to another over the globe, for the moral and
mutual instruction of man, and improvement of his condition, seems to have been peculiarly and
benevolently designed by nature, when she made them, like fire, expansible over all space, without
lessening their density in any point, and like the air in which we breathe, move, and have our
physical being, incapable of confinement or exclusive appropriation. Inventions then

Safepac Case Study
Introduction
Ok so in this paper I will be looking at the Simply Green Product brand and seeing what can be done
with their company as far as their patenting and packaging of their product SafePac. So there is a lot
of information that will be covered here. Also we have to look at the time frame that SGB was using
the SafePac logo, on their equipment. The other thing is that we have to look at the trademark and
the other laws that incorporate trademarks and patents. So listed below is the topics that I would like
to discuss briefly.
1. Deciding if SGP can register their product name as a trademark.
2. Would the Trademark Dilution Revision Act be violated if the USTPO granted the trademark on
SafePac?
3. Tell whether or not the anticyber squatting consumer protection act would be violated by the use
of SafePac.com
4. Tell how your resolution ... Show more content on Helpwriting.net ...
Because there is already a mark that is listed by the USPTO. This mark was first used in 2002 which
is 6 years to the senior of SafePac, and SGP. Because of its seniority they have a claim to it and it
would add a little confusion if SGP would to market it. Because there would then be two products
out there with the same name, possibly cost some business for both companies. Here there would be
a minor hit on the Lanham act, which was put into place to protect legit business, so that they can
keep using their ideas, and investments. The reason why I say that is a minor hit is because even not
knowing that this was already in use they have a responsibility to the preexisting company and name
of their product. Even though there is no completion, and they are two separate spectrums of
services. Still the idea was first thought of by Safe Choice.
Would the Trademark Dilution Revision Act be violated if the USTPO granted the trademark on

Intellectual Property in Singapore Essay
Introduction to Intellectual property and various property laws in Singapore
First of all, the definition of Intellectual property refers to the creation of mind, such as literary and
artistic works, inventions, designs, names, symbols, logos and even images used in industries.
Some example of Intellectual property are that business owners, they are given exclusive rights for
the use of their trademark or even their identity, logo, which were originally established by them.
Even for creative artistes like singers, artist are granted copyrights on their musical, drawings,
artistic works for their creation. This would allow the artistes to protect their product from getting
using by other people without claiming credits from the original ... Show more content on
Helpwriting.net ...
It can also be the new method of doing things, or a technical improvement. Once it is granted, the
term of a patent is 20 years from the Date of Filing, subject to the payment of annual renewal fees. A
patent can also be employed to raise funds for your business and licensing it to third parties for
commercial returns.
There are three criteria for an invention to be patentable. The first criteria is New. The invention
should not be publicly known in anyway or anywhere around the world. The owners of invention
should be careful in keeping the invention as secret until a patent application has been successfully
made. If the idea has already been commercially exploited, demonstrated or advertised, the novelty
of it may be compromised. If the invention requires disclosure to a third party before the patent
application is made, a non–disclosure agreement should be drawn up.
The second criteria is inventive step. The invention must be a representation of improvement over
any existing product or process that is already available. The improvement cannot be obvious to
someone with technical skills or knowledge in its particular field. The invention would not fulfil the
requirements of this criteria if it is obvious to a person skilled in the art, even though it is new.
The third criteria is industrial application. The invention must be useful and have some form of
practical application. It

The Importance Of Protecting Businesses By Using Patents,...
"You shall not steal, nor deal falsely, nor lie to one another" Leviticus 19:11 (Dake's Annontated
Reference Bible) is the basic principle of life as well business. Everyone understands what stealing
means, but forgets you are stealing when you take a business's logo, name, trademark, or identity.
Stealing does not have to be a physical object that belongs to a business. It can be something that
they have created such as a song or product. This paper will talk about the importance of protecting
businesses by using patents, copyrights, trademarks, trade secrets, and businesses property rights.
Patents
The United States Patent Office is where companies or individuals can file documents to obtain a
legal monopoly for a product or process that they have created (Jennings, 2015). Three types of
patents include utility or machines lasting 20 years, the design, or production that lasts 14 years, and
plant that lasts 20 years. Because of the race to be the first person to invent or create a product the
America Invents Act (AIA) came about in 2011. This allowed Americans to compete with other
countries that had filed before them as well as increase the patent process from 3 to 4 years to 12
months. A patent holder has the right to solely profit from the patent. If someone steals the idea the
individual has created then they have done a patent infringement. This entitles the patent holder to
damages and legal action against the party that stole the idea. In order for a

What Are The Advantages And Disadvantages Of Trademarks
Trademarks
So basically the definition of a trademark is some sort of sign, a unique design, picture, words, logo,
names, letters, numbers or even a combination of these. The owner of the trademark can either be an
individual, a business organization, or any legal entity. So you may be, wondering where trademarks
can be seen. Well usually you can find a trademark on a package of a product, a label, a voucher, or
on the product itself. Trademarks are also used to help maintain corporate identity, so that's why
sometimes trademarks are being displayed on company buildings.
The registration of trade marks in Malaysia is governed by the Trade Marks Act 1976 and Trade
Marks Regulations 1997. With effect from 1 December 1997, service marks are also ... Show more
content on Helpwriting.net ...
Franchising is also used as a foreign market entry mode.
Patent
A patent is given to an individual who has detailed for a public disclosure or has created some sort
of invention. The patent is granted by the government for a limited period of time. An invention is a
product or a process that provides a new way of doing something, or offers a new technical solution
to a problem.
An applicant for a patent must file a patent with the intellectual property corporation Malaysia
which will assess whether it meets the requirements of the patent act of 1983. Furthermore in order
for an individual to be granted a patent the individual must make sure that the application includes
one or more claims that define the invention. A patent may include many claims, each of which
defines a specific property right. Some of these claims that the invention has to meet is that the
invention has to have novelty, it must be useful, and non–obviousness. So what is the advantage of a
person who has a patent on his/her invention? Well the main advantage of having a patent on your
invention is that that you have the right to allow and deny the access

Descartes Trademark Argument
Descartes believes if he can verify that an immaculately munificent creator brought him into this life
then his innate notions must be in some way true because God is not a deceiver and has given
Descartes these ideas. For Descartes, knowledge of the existence of God will allow him to be able to
understand fundamental principles of the universe. I will be deliberating Descartes' Meditation
Three on the existence of God, known as the Trademark Argument.
Descartes deems there is a supreme being in each of us placed there by our creator. The rationale of
the idea is to act as the mark of a tradesman within us. Descartes says that examining this idea leads
to the realization of the existence of God. His argument initially encompasses the acknowledgement
of such an idea. The idea of God is a being that is omnipotent and infinite, as well as the creator of
all things. Descartes then moves onto the Casual Adequacy Principle. This principle infers an object
must have as its cause something that has the same (or more) attributes as the object. Descartes
gives the example that "heat can't be produced in a previously cold object except by something of at
least the same order of perfection as heat". Nothing comes from nothing. Descartes then applies the
Casual ... Show more content on Helpwriting.net ...
In reality, it must have all of the attributes that are contained objectively in my idea. Descartes does
not produce this idea because he knows that he is an imperfect and inexperienced man. Neither can
the idea have come from a combination of assorted other ideas that he has, for there would have to
be an infinite retrogress that would trace back to an original cause of the idea, which will contain
formally all the perfection present only objectively in Descartes' idea. The definitive cause of
Descartes' idea of God must have all the attributes that Descartes perceives it to have, and it can be
concluded that God must

Becoming A Lawyer Essay
Unlike many on my classmates I am studying to become a lawyer. The legal field has remained
firmly set in the past. Most legal documents need to be delivered in person to the court. The old
nature of the legal system has been slow to change of time some states like Georgia refuse to
implement online system that allow a professional to submit documents online. Even the trusts and
will are found as paper copies in a binder or stapled. The private nature of most practices in the legal
field require that most actions are done through paperwork. The paperwork written to the extent that
there could be hundreds of pages per case. To understand the information in a case lawyers will be
required to physically read each page of the documents. Many of the practices also involve in an in–
person basis where the lawyer and the client would have to talk face–to–face conversations. To set
myself ahead of my competition I decided to take up a Business Administration which allow me to
start a business background which will help if I want to enter into business/corporate law. Some
work in the legal field have advanced through the use of technology. Through some research at
Americanbar.org I was able to find some noted advancements. Using google I looked using the
search criteria "technology used in the legal field." The first technological advancement was the use
of billable hour management software. This advancement has allowed legal professionals to take
their most mundane of tasks and add

Advantages And Disadvantages Of Trademarks
A trademark in simple terms is a distinctive and recognizable sign, design, or expression that helps a
person to identify goods or services of a particular source from those of others. Generally, the
subject matter of trademarks includes words, signs, label, heading, ticket, signature, logos, symbols
or any combination of thereof so that it can be graphically represented in a static and two–
dimensional manner. In recent times, the scope of trademark faces various challenges owing to the
use of non–conventional marks as techniques of marketing to capture the attention of the consumers.
Non–conventional or non–traditional trademarks are those marks that are exceptional and unique
from their traditional counterparts in the sense that they may ... Show more content on
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Brands also prefer opting for colour marks in order to attract more and more people on the bases of
their colour preferences or by invoking the implicit meaning of the colour itself .
Colour marks, may that be single colours or combination of colours, also appeal to the consumers
who do not easily understand traditional trademarks owing to low literacy rate or a different
language incomprehensible by the consumer. This furthers the cause of brands to opt for colour
marks thereby overcoming language as well as cultural barriers faced by traditional words or device
marks. Further businesses try to choose colours with a maximum psychological appeal, visibility
and symbolism for making their products attractive, conspicuous and

Trademark Vs Patent Law Essay
As much as both trademark and patent laws are bother covered by intellectual property protection,
there are some core differences, especially since both laws do protec unlike assets. The difference
between patent and trade mark law is that, patents give exclusive righs to individuals who invent to
keep others businesses from making, using or selling of their innovations without their consent. On
the flip side of that,Trademarks, are not worried with how new inventions are utilized. Insteads, they
secure names of services, products and logos, services and different gadgets.For example, sounds,
color and scent – that are utilized to recognize the oriigin of products or services and this helps to
create seperations amongs the opposition. Normally, trademark and patrent laws dont overlap each
other. With regards to the design of a product, however, lets say, the design of a watch or a
particularly formed T.V set – it might be conceivable to acquire a design patent on the decorative or
design part of the ... Show more content on Helpwriting.net ...
While a trademark can be greatly significant to its proprietor, a definitive reason for a trademark is
to protect purchasers meaning, the purpose of a trademark is to illuminate the shopper where the
products or services came from. The purchaser, knowing were the product originated can help urge
the custometer to decide on purchasing the good based on earlier knowledge or experience, and
reputation.
A trademark alludes to the utilization of a symbol, name, mark, or signature, or gadget utilized as a
means to separate an item from others its by demonstrating its origin. On the other hand, a patent
alludes to inventions that concedes specific rights to the inventor of the item or product.
At the end of the day, a trademark alludes to the brand name of an item, while a patent alludes to an
invented

The Issue Concerning The Ownership Of General Knowledge By...
Vincent Allard
English 10th
Ms. Rachuy
05/05/2016
The Issue Concerning the Ownership of General knowledge by Copyright, Trademarks, and Patents.
Copyrights, Trademarks, and Patents have too much overreaching and unmonitored power of
subjects that could be considered as general knowledge from the public and that we need new laws
to help monitor and protect others rights. In the modern age the internet has become a daily part of
our lives and yet some people claim rights to things that we as people should all have rights to.
There has been some recent controversy concerning React World and there Trademark of there video
format known as the react format and the issue with the happy birthday song and how you must pay
just to sing a jingle. Out of the several billions and billions of people on the planet earth that was
living, is living, or will be living there are still some that believe that for some reason they have
more rights and more power than the rest of us and that is inconsiderate, inhumane, and unjust.
With technology constantly improving each and every day and the ever expanding use and
acceptance of these technologies we as a people have no laws set to prevent the total monopolization
of these devices. "More than 500,000 copyright are made each year claims each year"(U.S.
Copyright Office) as said by U.S. copyright office and more than 629,647 patients being submitted
each year according to U.S. Patent And Trademark Office. With such a substantial amount of

Role Of Trademark And Marketing Management
Role of trademark in business/industry:
Trademark is the current trend of industry that everyone follows. Trademark is not a fashion but it
has emerged as current marketing trend of industry. The value of trademark is mostly observed in
marketing management where promoters used the trademark just instead of the product name. This
is called branding where basically one brands the trademark of the product or in higher level the
trademark of the company. In other field of business like financial, consultancy or operation
trademark used as the symbol of pride, reputation, history and future of the company. But obviously
the domination of trademark is in the marketing area which connects people and the company or the
products of the company. ... Show more content on Helpwriting.net ...
This step defines te product, makes it distinguish from others and also provide a mechanism for
linking the provider of a product to the valuable business assets of trust and goodwill. Company
achieves this through a distinct trade names and one or more trademark. The selection of right
trademark plays a significant role in marketing strategies of differentiating products of a company.
With right trademark branding may be so much successful that product may develop a long–term,
even an emotional development with customer such that they will grow a tendency not to look at the
prominent weak side of the product but to look at the emotional and brand value of it resulting in
increase further brand value following an iterating loop. The following path every company must
want to follow:
Finally, the result is followed to brand insistence where the consumer refuses to accept any other
brand and willing to pay an even higher amount for the product.
The brand name is often useful to exchange with trademark. It is the term used in intellectual
property legal circle. Trademark is not definitely comparable against the weightage of brand value
and brand equity but again the market and perception value of trademark must be considered while
checking overall integrity and value proposition of the company and evaluating the product.
Designing a trademark: Market segmentation is very important for the successful branding of the
product. Many

Determining if Trademarks are Distintive
1.3.2.1 Tests–
In determining whether a trademark is inherently distinctive or not, the courts have come up with
certain tests. The classic test for determining a trademark's distinctiveness was outlined in
Abercrombie & Fitch Co. v. Hunting World, Inc. The Abercrombie spectrum is one of the most
accepted one in trade dress cases, and is has a universal acceptance in determining trade dresses
distinctiveness. The prime factors that are considered in the court are the degree to which the
trademark or trade dress is generic, descriptive, arbitrary, suggestive, or fanciful. Some courts
include this widely accepted test into their own versions of tests.
The first is known as the Seabrook test of 1977. In Seabrook, a frozen vegetable package "leaf"
design was not believed to be an "obvious, certain, different" means of identifying "Seabrook
Farms." Instead, the court decided that the design was a decorative panel that served the purpose of
background for the word port of the trademark. Bar–Well Foods was able to prove that Sea brook's
design was not uncommon in the frozen food market.
The Seabrook test finds itself of great utility because it shows the importance of market context.
Under this court will determine whether the trade dress is of a "common" basic shape or design,
whether it is unique in nature or it is unusual in a particular field, and also whether it is a refinement
of a commonly–adopted and a well–known form of ornamentation for a particular class of goods

The Professional Standards Board For Patent And Trademark...
Introduction.
The Professional Standards Board for Patent and Trademark Attorneys (PSB) has received a
complaint against Michael Masri (Masri) and Julie Chun (Chun).
The PSB is to decide if disciplinary proceedings are warranted against Masri & Chun before the
Patents and Trade Marks Disciplinary Tribunal (PTMDT).
The professional conduct of Masri and Chen is discussed in relation to the Patents Regulations 1991
(Cth) and Code of Conduct for Patent and Trade Marks Attorneys .
Breaches are discussed together with the procedures of the PSB in deciding if there is likelihood that
either Masri and/or Chen will be found in breach of either of these regulations. Specifically, Chapter
20 Part 8 the Patents Regulations 1991 (Cth) and Part 3 Section 15 (8) of Code of Conduct for
Patent and Trade Marks Attorneys.
Facts.
1) The Firm acts for a multi–national commercial cleaning equipment company, Clean Space
Limited (CleanSpace), and Australian domestic appliance company Smart Home Pty Ltd
(SmartHome).
2) The Firm handles objections and drafting amendments in respect of the patents drafted offshore
for CleanSpace.
3) The two companies operate in different areas – SmartHome in domestic appliances – CleanSpace
in commercial cleaning equipment.
4) Masri is a partner of The Firm (The Firm) with12 partners and 40 employees, has 25 years post
registration experience as a patent attorney and is responsible for CleanSpace.
5) Chun is employed by The Firm as a registered

Case Study Of Gathya Trademark Law
Gathya Trademark Tiff
Gathya eatery brand trademark tiff is just another in the endless list of trademark battles. The instant
case involves a farson shop namely Gathya, which has 7 branches and six franchisees in the city of
Ahmedabad. The problem arose when a former employee started his own eatery business on a
handcart with the same brand name– Gathya– appended by the words'Laxmi Rath'. The court held
that Gathya's trademark's scope of protection encompasses the defendant's mark and it was quick to
grant an interlocutory injunction against this free–riding use of the unregistered trademark. Though
this is a prima facie case of passing off and trademark dilution, it raises interesting questions about
the scope and the basis of Trademark Law.
Trademark Law is based on a consumer construct of the 'ideal type' despite severe criticism. To
avoid the vagaries of a quotidian consumer, it bases itself on the standard of a 'sovereign consumer'
who always seeks maximum utility and is capable of rational choice–making. This abstract
consumer seeks information about the source of goods to predict their quality and he perceives a
Trademark as a badge of origin. So, Trademark Law is based on this standard to ensure uniformity
and stability, and to avoid confusion. ... Show more content on Helpwriting.net ...
Trademark dilution and infringement are subjective concepts based on concreteconsumer confusion.
Hence, negative capability– the ability to perceive the market from the consumer's viewpoint– is
necessitated. But trademark law stubbornly sticks to the standard of the reasonable man. This also
signifies the loss of the essence of trademark law: the protection of the brand image of trademarks in
the consumer's mind– that is, the concrete consumer's conception and not that of the fictive

Descartes' Trademark Argument for God's Existence Essay
Descartes' Trademark Argument for God's Existence The trademark argument (also known as the
causal argument) tries to prove Gods existence through the fact that we have an idea of him. This
argument rests on Descartes' definition of cause and effect, which he considers a priori. This idea,
that God is an infinite being, he reasons is innate left on our brain as his stamp or trademark much
like a potter leaves on his pots. "God, at my creation, implanted this idea in me, that it might serve,
as it were, for the mark of the workman impressed on his work" This idea of infinity must be innate
because a finite thing like a human cannot come up with the idea of something infinite 'just as stone
Descartes uses the example of a stone, saying that it cannot be produced by anything that does not
contain everything to be found in the stone. Similarly, heat cannot be produced by anything that
does not contain the same order of perfection as the heat. The purpose of this premise is to reinforce
the saying that nothing comes from nothing (Latin: ex nihilo nihil fit). I have an idea of a perfect
being; it must contain in reality all the features that are contained merely objectively in my idea. He
cannot think of a being perfect because he is an imperfect being or can the idea have come from an
union of various other ideas that he has, for there would have to be an infinite regress that would in
any event trace back to an original cause of the idea. Thus, the ultimate cause of Descartes' idea of
God must possess all the traits that Descartes sees it to have, and therefore it can be concluded that
God necessarily exists. Its flaw is that it suggests that there can be no cases of objects being "greater
than the sum of their parts." For example, the strength inherent in a bridge must, be contained in the
girders and rivets that make it up. If the bridge did not get its strength from these basic parts, then it
seems that they came from nowhere. We can also say that helium, which is caused by the fusion of
hydrogen atoms, possesses properties that were not present in the

Trademarks Infringement
Trademarks Infringement Name Institution Case Decided By the Appellate Court According to the
research done on the two business clients who are under the Websites R'Us, Inc, a company; it is a
company that deals with website making happens to have known of the existing trademark
similarity. The two clients, John Smith, has got a registered trademark called Disny World
Productions, Inc. which with sells adult literature and movies online. Another client who is also
under Websites R'Us is using the same business name although his business is different. Despite the
varied business operations by the two clients, many customers have been confused when surfing on
the internet like the little Johnny Walker. Following the above analysis, the court determined that the
new law (Lanham Act 2006) should be applied on appeal. Through the facts gathered, the case is
genuine, and so there is a need for consumers such as little John Walker to get confused. This is
trademark infringement, and dissolution should take place. In the United States, the trademarks are
protected by the Lanham Act and the ... Show more content on Helpwriting.net ...
Blackett (1998), dilution safeguards trademarks from being used by other people. It takes place
when the situation is not confusing for customers, and they can relate the trademark that has been
existence for a longer time. Therefore dilution only occurs when the latter trademark is not similar to
the original one. In case of a dilution claim, it is not easy to predict how the court will rule.
Sometimes the person who copies does this knowingly, and this is punishable by the law. The court
holds that even though the businesses are different, there is evidence that Walter was aware that
John had registered his business in the same name. As such he wanted to create both confusion and
competitive environment. His main aim was to prevent John from using the same

Reflective Essay On Trademark Law
I remember, when first getting some answers concerning trademark law, thinking how exceptional it
was that having your name be seen as "nonexclusive" was a ghastly thing. In light of current
circumstances, when your picture got the chance to be synonymous with the thing you were putting
forth (think Kleenex, Xerox, Band–Aid et cetera.) it inferred that you had genuinely overpowered
the thing class. Be that as it may... on the off chance that you're a lawyer. Since the anxiety, clearly,
is that if your picture gets the opportunity to be insipid, you lose the trademark, and thereafter
suddenly others can make use of that brand that you worked so hard to create. I'm still not convinced
that is truly an issue in the event that you're a keen operators,

Ethics Intellectual Property
Ethics and Intellectual Property
Intellectual property (IP) is the meant to protect the creations of the mind, such as inventions for
trademarks (sign, design or expression), patents (mechanics, pharmaceuticals, and chemistry), and
copyrights (books) used in commerce. By definition it is an intangible property, the product of
human ingenuity, protected by law (Johnson & Lau, 2011). Intellectual property needs to be
protected for the consumer and for the industries competitiveness. The government and the federal
laws can protect intellectual property. The regulations for intellectual property may be far fetching,
but they are there for valid reasons. There needs to be a proper balance between content producers
and the public good. Those ... Show more content on Helpwriting.net ...
When these regulations were first set they was no cell phones, Internet, digital media, and computer
chips in cars. With arguments being made about the ability to resell books that someone has
purchased overseas, it is infringing on the right to sell for the publisher (Reynolds, 2013). If a person
purchases a car and they want to perform the maintenance on the vehicle it can make the warranty
on the vehicle void, as the person has potentially encrypted the computer data in the system
(Reynolds, 2013). A person placed a patent on the process of unlocking cell phones, so every time
someone unlocks the device they are potentially breaking the law of the patent (Reynolds, 2013).
There is a world of people that think if great ideas, but does that make it ok for someone to
trademark a phrase that many people use, I do not think

The Inherent Distinctiveness Test Under Trademark Law
Introduction
The inherent distinctiveness test under trademark law provides that for a mark to be eligible for
registration it should have a distinctive character. Only inherently distinctive marks or marks which
have acquired distinctiveness due to its use can be registered. In assessing whether a mark is
distinctive, the courts look at the consumer's reaction to the mark. A mark will have distinctive
character if an average consumer of the product will identify the mark with the product which it
represents from those of its competitors. The test of individual character on the other hand provides
that a design will have an individual character if the overall impression the design produces on an
informed user differentiates the products from those of its competitors. It is apparent that these two
test rely on the perspectives of an average consumer and those of and informed user respectively.
Although the definition of an average consumer and those of an informed user are different, the
requirement to establish inherent distinctiveness and individual character are almost similar.
A product design may qualify for a design right while at the same tie enjoy protection under other
intellectual property rights such as trademark law. An example is that a design might be registered if
it has individual character and it new and can also be registered as a trademark if the object is
distinctive. This overlap implies that there are some features that are similar in in the

Intellectual Property Rights And Competition Law
AIM
Critical analysis on when the use of intellectual property rights turns into abuse of intellectual
property rights and further analysis on the trend of European competition authorities towards
Intellectual property rights with specific reference to what is reiterated in the Magill cases.
Introduction
Intellectual property rights and competition law both seem to intervene at different junctures;
however they work for attainment of one common goal that is consumer welfare. The reasons for
this contravention in most cases is that the reward given to creators and innovators is the right to use
and exclude others whereas when these rights are abused , competition law comes into the scene. So
there has always been a tiff between the both, ... Show more content on Helpwriting.net ...
This essay firstly for a better understanding deal with what is intellectual property and what
constitutes intellectual property rights and then briefly deals with the competition policy and
European Union competition law and then analyse the conflict between intellectual property and
competition law and what are the common goals which both seeks to achieve and later deals with
interface of both within the legislation and then we will critically analyse the concept of abuse of
intellectual property rights as this is main conflict which revolves between both and further analyse
this concept in depth with the help of case study on the Magill cases and the trend followed by the
courts after that.
1. Intellectual Property
For much of human history the concept of intellectual property did not exist however due to the
wide spread progress and extension of international trade need for protection of intellectual property
is felt and this led to the " Paris Convention for protection of industrial property" followed by Berne
Convention and which led to the establishment of World Intellectual Property Organisation.
Intellectual property in common parlance means property other than physical property which is a
result of human intellect.
1.1 Intellectual Property Rights
Are those which guarantee and grants certain rights to the creator of the intellectual property for a
certain period of time. Intellectual property rights can be classified into copyrights and related
rights,

Trademark Law Essay
Trademark law "cornerstone" is to prevent consumer confusion through the use of another's
protected mark. A trademark need not be identical to another mark in order to avoid litigation.
Rather, a similar mark on a similar good can be enough for a wine producer to challenge another's
use of a particular mark. The challenge of an "applicant's or registrant's mark" being "confusingly
similar to one's prior registered or common law mark" is the "most frequent basis" for denying a
mark's registration. Preventing consumer confusion is important because a mark that is likely to
confuse consumers "potentially disadvantages both individuals who are tricked by
confusing...trademarks into purchasing goods...other than those they intended to procure, and the ...
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Additionally, §1114(1)(b) of the United States Code explains that "any person who shall, without the
consent of the registrant reproduce, counterfeit, copy, or colorably imitate a registered mark and
apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages,
wrappers, receptacles or advertisements intended to be used in commerce upon or in connection
with the sale, offering for sale, distribution, or advertising of goods or services on or in connection
with which such use is likely to cause confusion...shall be liable in a civil action by the registrant."
Thus, the Lanham Act provides a cause of action for consumers, markholders without a federally
registered trademark, and markholders with a federally registered

Intellectual Property, Trademark, And Trade Secrets
Intellectual Property refers to creations of the mind, such as inventions; library and artistic works;
designs; and symbols, names and images used in commerce. It is any product of the human intellect
that the law protects from unauthorized use by others. It is comprised of four categories: patent,
copyright, trademark, and trade secrets. Patent gives the inventor the right to exclude others from
making, using, importing, and selling the patented innovation for a certain amount of time. A patent
can be granted the inventor if they file an application in a timely manner. Most inventors seek a
patent to obtain the actual or potential commercial advantages that go along with the right to exclude
others. Copyright protection gives the right to reproduce, distribute, perform, display, and license
things such as music, motion pictures, writings, architecture, and other original intellectual
expressions. Trademarks are words, phrases, names, slogans, logos, and symbols used by producers
to identify their goods and services. As for trade secrets, to determine whether information creates a
trade secret, there are six factors that need to be considered: The extent to which the information is
known outside the claimant's business, the extent to which it is known by employees and other
involved in the business, the extent of measures taken by the claimant to guard the secrecy of the
information, the value of the information to the business and its competitors, the amount of effort or

Redesigning Whittier's Trademark
Rationale
WHITTIER ALASKA TRADEMARK
In redesigning Whittier's town trademark I went for a more contemporary style, borrowing from the
logo styles of the corporate world, instead of the more traditional heraldic city marks that are
commonly seen. As it is, Whittier is a pretty industrial town with not much to do in regards to
tourism however, it is a beautiful camping destination and a stop for Princess, Carnival and
Norwegian Cruise Lines. With roughly 200,000 cruise passengers stopping in the port during the
summer months I felt that reviving
Whittier's trademark could be the first step of establishing the town as a tourist destination, luring
vacationers and investors.
IMAGERY
The biggest motif used in these design represent the Chugash

Case Analysis : Snow White Vs. Cinderella
Mike Gaffney
BUL3130
Professor High
10/16/2017
Snow White v. Cinderella
A company could infringe on a trademark without even knowing it. Trademark infringement shows
up regularly in the business world. Not every company, however, will seek legal action each time
this happens, others do pursue it quite regularly. "The Court ruled that the public would not be
deceived or led to believe that the Defendants' goods were made by the Plaintiffs, because the
parties did not share a common field of trading activity as the Plaintiffs' reputation was limited to
slippers." As a result of this, I believe that the Court's decision was unfair when they declined to
grant an injunction based on the grounds that a member of the general population would not be
misguided or convinced that the Defendants' merchandise was made by the Plaintiffs.
Another example of this is the case of Converse and Wal–Mart's trademark–infringement saga. Wal–
Mart decided to seek an injunction on the maker of the Chuck Taylor All–Star sneaker. Many other
brands have chosen to settle which include Ralph Lauren and Aldo. Wal–Mart, however filed a
complaint on Monday against Nike owned Converse with the International Trade Commission. "In
the filing, Wal–Mart argues that the toe caps, toe bumpers and stripes that Converse claims to own
are "actually or aesthetically functional" and therefore "they are not subject to trademark
protection."" In their defense, Wal–Mart cited advertisement in which Converse seems to

Trademark Inc.
Case 03–05
Trademark, Inc.
Part 1–Accounting Issues
This case study is the first of a two–part Earnings Management Case. The purpose of Part
1 is to provide you with background information relating to Trademark, Inc. and raise several
accounting and auditing issues affecting Trademark during the current fiscal year.
The conclusions reached in this case study will be used in Part 2 – Misstatements &
Materiality.
Trademark, Inc., a public company, designs, manufactures, and distributes greeting cards, calendars,
stationery, party goods, and specialty gift merchandise. Trademark operates through four divisions:
Greeting Cards and Stationery, Calendars, Party Goods, and
Specialty Gifts. In 1994, Trademark acquired a 100 percent ... Show more content on
Helpwriting.net ...
The new boxes and packing materials appear to have substantially decreased the damage to
Trademark's products during the shipping process.
Warehouse management estimates that in fiscal year 1998, returns averaged 0.23 percent, and in
fiscal year 1999, returns averaged 0.22 percent. The return rate in 1999 was lower than 1998
because the company was still in the process of using up its stock of old packaging materials in
1998. Warehouse management believes that damage levels will remain at the 0.22 percent level
going forward.
Recognizing that the company may have over–accrued in fiscal year 1999 for future returns of
damaged goods, Nancy requested audit evidence to support warehouse management's claims that
return rates had decreased. Based on the evidence examined,
Nancy concluded that the 0.22% return rate was accurate for fiscal year 1999 and appeared
sustainable. To assess the reasonableness of management's estimate for the reserve at June 30, 1999,
Nancy developed an independent estimate of the reserve, factoring in the impact of the new
packaging materials. Nancy developed a range of acceptable estimates and determined that
management's estimate was outside that range.
The difference between management's estimate and the high–end of the range was
$923,077. This amount represents the estimated gross sales amount for the related returns. The
average gross margin for the year was 65%.
Other Returns
In addition to returns of damaged

Trademark Attorney Essay
Advantages of Hiring a Trademark Attorney in Wisconsin.
What is a trademark?
A trademark is essentially a specific word, symbol, logo or a combination of any of the three that
identifies a particular product or brand as one belonging to a specific company. A registered
trademark is legally enforceable as it is protected by laws that seek to safeguard individuals' or
companies' ideas from replication by others. The process of registering your trademark in isn't
however as simple as one might think it involves a number of processes mostly legal procedures
before it is finalized, as such seeking the services of a trademark attorney is highly advisable to save
a lot of both your time and money. Throughout the cities of Wisconsin from Appleton to ... Show
more content on Helpwriting.net ...
Most importantly the main reason you want to be using a trademark attorney in any part of
Wisconsin is the in depth knowledge they have about matters concerning trademarks. You're safer
and more likely to be successful alongside an attorney than on your own because they are aware of
the protocols to be observed in seeking registration of a trademark as well as dealing with any
complications that might arise owing to their experience. A trademark attorney will make sure you
do not make any mistakes that might cost you then or in the future.
The attorney's job description entails accompanying the client to meetings related to the product be
it stockholders, representatives of the trademark registration office or in cases of conflict the
conflicting party. Here the trademark attorney might entirely speak for you as a client or advise you
on the best terms being negotiated, this is an invaluable service offered by the trademark attorney
which is a direct contributing factor to the successful registration of a trademark in Wisconsin or any
other state. Questions regarding the introduction of the new product are mostly directed towards the
trademark attorney who is sufficiently equipped to address these matters particularly in cases where
the applicant of trademark I for any reason not able to do so

Case Study : Jasper, Summer And Dak
Jasper, Summer and Dak are a group of three young and highly talented creatives who make up all
three members of The Trio. By putting their innovative minds together, the group managed to create
a unique and intricately designed dress made from vinyl that has succeeded to be the next big thing
in the highly lucrative market of adolescent and young adult consumers. As the manager of The
Trio, it is my duty to protect the intellectual property of the group. Such a responsibility will involve
researching into the potential solutions of copyright laws and creative common licences, within the
field of fashion. My research will not only be focused in relevance to New Zealand but will also
extend to overseas markets as The Trios creative product is set to be released worldwide. With my
collected information, I will then recommend a justified course of action that I believe would be best
for the group to take in regards to their intellectual property.
Copyright is a property right that covers various works such as films, broadcasts, literary works,
artistic works, sound recordings and more. Fashion comes under the category of artistic works.
However, copyright within this field is very limited. Blakley (2010) explains that this is because
apparel is said to be too utilitarian to qualify for copyright protection. The fashion industry itself
also poses difficulties for copyright protection, which Batty (2009) explains through three main
points. Firstly, there are certain fundamentals

Ulthera Case Study
It has come to our attention that your company has used Ulthera's trademark and copyrighted images
and photographs to advertise and sell your products, without authorization or consent. Please note
that your use of the trademark infringes of our trademark rights, your reproduction of the
photographic copyright material of Ulthera infringes the copyright property rights, and your acts
also constitute violations of Ulthera's rights under anti–unfair competition law.
We hereby issue you with this Cease & Desist Letter, notifying you of Ulthera's lawful rights in
connection with Ulthera devices and Ultherapy treatment, and that any infringement of Ulthera's
lawful rights will damage Ulthera's business and is adverse to Ulthera's goodwill and quality ...
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Before we cancel the complaint, your company need to acknowledge receipt of the Cease & Desist
Letter attached and confirm to us within seven (7) days from receipt of this letter in writing, signed
by an authorized officer of your company (please affix with company seal), that you have taken all
the above–identified actions and committing that you will no longer engage in any and all
unauthorized use of Ulthera's trademarks and copyrighted pictures and you will cease violating
Ulthera's rights under intellectual property law and anti–unfair competition

Importance Of Apple Trademarks And Patents
1– Why are trademarks and Patents so important to a company like Apple? What benefits do they
provide? What kind of role did Apple patents play in its case against Samsung?
Trademarks and Patents are important to big companies like Apple because the trademark gives
them the right to decide who and who cannot use their patented invention. This benefits them
because if they were not to have the trademark, anyone could recreate their product without the
company's consent and make money off of the product and they can sue other companies with their
patent. People could resell Apples products in mass amounts legally without a patent. Apple's patent
protected their creative and inventive rights on their product. Against Samsung, it protected Apples
creative rights over their product, the Iphone. After Apple released their new Iphone, Samsung
recreated it and therefore they put themselves at risk of litigation. The Trademark law allowed Apple
to sue both the company and the distributors of the product because of recall.
2– How is Apple changing the field of Trademark protection? What is a non–traditional trademark?
Why is Apple in pursuit of such trademark?
Apple is changing the field of Trademark protection because of the new exceptions involved in
Trademark protections. Now companies can defend their products patent for the shape and feel of it.
The Ipod shape Trademark has given Apple a new weapon to knock out the competition. This
Trademark is known as a non–traditional

Havana Club Trademark Dispute Case
CHAPTER 1
INTRODUCTION
The "US Section 211 Appropriation Act case", more commonly referred to as "United States–Cuba
'Havana Club' Trademark Dispute case" has been one of the more controversial and potentially
divisive cases before the World Trade Organization (hereinafter referred to as: "WTO") to date. The
European Union (hereinafter referred to as: "EU") filed a complaint against the United States
alleging that a law which prohibited the registration and enforcement in the United States of a
Cuban trademark, "Havana Club" rum, which was licensed to the French company, Pernod–Ricard,
S.A. (hereinafter referred to as: "Pernod–Ricard"), was in violation of the WTO Agreement, which
protected the intellectual property rights of WTO Members and ... Show more content on
Helpwriting.net ...
Cubaexport, a State–owned enterprise, exported Havana Club rum, primarily to the communist
countries in Eastern Europe and to the Soviet Union from 1972 to 1993. Cuba export had registered
the "Havana Club" trademark with the United States Patent and Trademark Office ("PTO") in 1976
under Registration No. 1,031,631. In 1993, Cubaexport decided to seek a foreign partner for its
Havana Club rum business. In this regard, Havana Rum and Liquors, S.A. ("HR&L"), was formed
under the laws of Cuba. Consequently, HR&L entered into a joint–venture agreement with Pernod–
Ricard. In November 1993, Pernod–Ricard and HR&L entered into an agreement, which formed
Havana Club Holding, S.A. ("HCH"), a Luxemburg corporation, and Havana Club International,
S.A. ("HCI"), a Cuban corporation. Cubaexport then assigned its U.S. trademarks to HR&L, which,
in turn, assigned them to HCH on June 22, 1994. HCH renewed the U.S. registration for the
"Havana Club" mark for a term of ten years in

New York University Trademark Case Study
Establishing a strong brand is critical to business success. Protecting a brand is equally as important.
According to Law for Recreation & Sport Managers, they discuss on what exactly is a trademark
and is recognized as "any word, name, symbol, or device, or any combination thereof, adopted or
used by some entity to identify their goods and distinguish them from those manufactured or sold by
others" (Cotten & Wolohan, 2017). The purpose of a trademark is to protect the owner and to
prevent others from using the mark in a way that will cause confusion. In this case, The University
of New York (UNY) has filed for federal trademark registration their name and logo, however, the
New York Yankees and New York University (NYU) filed an objection on their own expressing that
UNY infringed on the Yankees logo and also infringed on the name of New York University as well.
The New York Yankees are more likely to win, since the owner previously has federally registered
this trademark before. Also, they are nationally well–known globally and their trademark of the NY
has been used by them for decades. On the other hand, New York University is less likely going to
win, considering that, the name of New York University (NYU) are similar, however, it will be
extremely difficult to prove, since they are both designed differently than one another. For example,
their initials and logo are less likely to cause any confusion with New York University

Descartes Trademark Argument
In the Third Meditation, Descartes focuses on the existence of God and proves to the reader that
God's existence is in fact real. Descartes' reasoning of God's existence is explained through what is
famously known as " The Trademark Argument". According to Descartes, the trademark argument is
the following "... it must be concluded that the mere fact that I exist and have within me an idea of a
most perfect being, that is God, provides a very clear proof that God indeed exists." (Descartes,
Cottingham 40) Descartes is saying that since he already concluded that he exists, because he thinks,
he has an idea of what a perfect being is. Considering that he has an idea of what a perfect human
being is, it becomes clear that this idea was placed ... Show more content on Helpwriting.net ...
Descartes describes humans as being finite and God as infinite based on formal and objective reality.
Formal reality is everything that is real in the physical world and finite, while objective reality is a
function of an idea's representational content. Applying the objective reality to God, Descartes states
"the idea that gives me my understanding of a supreme God... certainly has in it more objective
reality than the ideas that represent finite substances." (Descartes, Cottingham 40) Also, he believes
that a cause has to have as much reality as the effect, because things cannot be formed from nothing.
If something has a property, it must be formed by something else that has the same property which
he explains by using heat as an example; "heat cannot be produced in an object which was not
previously hot, except by something of at least the same order... of perfection as heat" (Descartes,
Cottingham 41). Descartes comes to the conclusion that the idea of heat couldn't have existed inside
of him "unless it is put there by some cause which contains at least as much as reality as I conceive
there to be in the heat." (Descartes, Cottingham 41). Ideas can be caused by other ideas, but there
has to be something more that is the cause of these ideas according to Descartes. Heat would be
considered to be a finite substance, therefore, it shows that if he has an idea of what a finite
substance is, it must have been caused by something that has at least as much reality as the finite
substance. Therefore, Descartes believes that you cannot say that the idea of God is false and could
have come from

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