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Description © Intellectual Property Law LW3013 Word Limit: 3 000 words © This question consists of three parts worth 100 marks in total:
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Answer ALL three parts You are part of the legal team acting for Sass, a small clothing and accessories manufacturer based in Prestown. Its target market is retailers of unisex, fashion clothing and accessories for teens. Sass’s head office has received threats of three separate legal proceedings in relation to the following items of merchandise which it is selling as part of its Winter collection: 1. A tea shirt featuring part of a computer-generated fractal image posted online by Gikos Dendrides. Gikos, who owns the computer, alleges copyright infringement by Sass. 35 marks 2. A rucksack depicting snow-capped mountains together with the prominent slogan, “Beyond Dreams”. A well- known, UK-based tour operator, Traveldays, has threatened to sue Sass for infringement of its registered UK trade mark. Traveldays registered “Beyond Dreams” for “Holiday Packages sold directly to the consumer and via Travel Agents” in Class 39 back in 2005. 25 marks 3/13/2019 Writers Hub – Freelance Writing https://www.writershub.org/writer/orders/386015#instructions 4/5 3. A jacket featuring the face of an international pop star, Freya, who has previously endorsed Sass fashion collections. The photograph was taken with a long lens camera without Freya’s permission. The photographer sold the copyright in the image to a photographic agency from which Sass bought the rights. Freya is claiming damages for passing off. 40 marks © In respect of each item of merchandise described above in scenarios 1-3, critically discuss the merits of the claim(s) based on the given facts in each case. Credit will also be given for the identification of any other information required and why it would be relevant. Total marks = 100 As many of sources as you require