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Assignment Task :

Trade Mark Advice – Chopsticks Logo

1. Instructions

You have instructed us to provide advice as to whether the “chopsticks” symbol used by Wong Foods Pty Ltd (Wong Foods) is likely to restrict Chan’s BBQ Pty Ltd’s (Chan) freedom to use and register the CHAN BBQ logo with man and chopsticks (the CHAN Device Mark).

2. Executive Summary

We advise that Chan faces no risk from Wong Foods when using and registering the Chan Device Mark.

3. Wong Foods’s “Chopsticks” Trade Mark

Wong Foods has registered Trade Mark No. 999999 for a composite device mark (ie, a mark that combines discrete elements such as words and pictures). The mark is composed of the words “WONG FOODS HOT DELIVERY” and an image of a moped upon which there is a chopsticks on the side panel. The chopsticks are posed in a hand

ABOUT THE ASSESSMENT

Part 1 of this assessment tests your ability to think critically about policy issues in property law. It also examines your ability to reflect critically on the cases and readings provided in the course. You also will need to use research skills to find articles or cases outside of the prescribed readings to help you craft your answer. Part 1 will be the only policy assessment in this unit.

Part 2 of the assessment is a traditional exam style question. It tests your ability to draft a legal advice considering both sides of an argument and providing a client with an answer to their problem. The feedback on this part will assist with improving your ability to answer hypothetical exam questions and the expression of legal advice. This part provides you with the opportunity to improve your practical legal drafting skills in the form of a letter to a client. The format, tone, and style of your letter of advice will be graded in this part of the assessment.

CONTRIBUTION TO FINAL MARK

1. This assignment is worth 35% and is compulsory.

 

2. The word limit for this assignment is 4,000 words with a 10% tolerance. There are important reasons for imposing and enforcing word limits; they are something lawyers have to grapple with in practice. For example, arguments for special leave to the High Court must not exceed 10 pages (responses to those applications must not exceed 5 pages) and must adhere to formatting requirements. Oral arguments for special leave to appeal to the High Court must not exceed 20 minutes.

3. More importantly, there is an important skill associated with conveying your arguments with brevity. It is often harder to be brief than verbose when formulating an argument, but working to achieve the former will normally produce a better result; as with most things, quality is more important than quantity!

 

 

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