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Rally Round the Trade Name View the video: 'Rally Round the Trade Name' by clicking on the link in the course shell. There is also a link that will allow you to print the script of the video. Write a report answering each questions following: 1. Explain whether or not the fact that Gabby's surname is Rally gives her the right to use it any way she wishes. 2. Explain whether or not it matters that Rally is associated with pizza. 3. Explain how important the fact is that Herman started to use the name Rally first in that particular geographical area. 4. Explain what rights you have in your trade name. 5. Explain what remedies you have if someone else infringes upon your trade name. Video 9: Intellectual Property: Trade Name - Script FADE IN-INTERIOR AUTO DEALERSHIP SHOW ROOM-DAY We are CLOSE ON Tony Sulka, who is sitting at his desk in his shirt sleeves. In the BG we can SEE Shelly Rice, who is talking on the telephone. They both look perky, in good shape. There's an upbeat mood. It's the beginning of a new day, when it seems possible to sell every car on the lot. Tony looks at Shelly. Tony Okay here, it's the beginning of another great day at Rally Motors. So let's get with it, customers, come on in! Tony looks at his phone. Tony (to phone) Ring. The telephone rings, and Tony winks at Shelly. Tony (on phone) Rally Motors, home of the offer you can't refuse. Okay . . . a large, three cheese, hold the anchovies, and extra pepperoni. Tony is writing this down until he finally comes to his senses. Tony (continued) Hey, this is a car dealership, not a pizza parlor . . . ANOTHER ANGLE-as we catch Shelly making this aside: Shelly So you noticed. ORIGINAL ANGLE-on Tony. Tony (continued) . . . no, we don't offer pizza if you come in for a test drive. No, I don't know the number of Rally Pizza, and I won't look it up for you-unless you buy a car. Tony hangs up. Hey, Shelly, what's the deal on this pizza parlor? Are you still getting these calls? ANOTHER ANGLE-on Shelly and Tony, catch their reactions. Shelly A lot of them. ANOTHER ANGLE-as Herman comes into the frame. Shelly (to Herman) Hey, Herman, you know we got three more calls for pizza? Herman It's going to stop. I talked to my lawyers about it. This morning, we told Rally Pizza that we intend to sue. ANOTHER ANGLE-on the door, as it bursts open and in walks a middle-aged, short, stocky woman. She is Gabby Rally, the owner of Rally's Pizza. She is bouncy and wears a typical pizza uniform. She is also carrying four boxes of pizza. Gabby Pepperoni, sausage, cheese, and one vegetarian. Gabby looks at Tony, obviously the easiest mark. Gabby (to Tony) So what'll it be? Tony For me? Gabby And it's free. Tony Well, I've always been a pepperoni type of guy. Gabby Pepperoni coming up. Gabby turns to Shelly. Gabby (continued) And I bet you're a vegetarian . . . there you go . . . Gabby turns to Herman. Gabby (continued) . . . now how about . . . ANOTHER ANGLE-as Tony takes the pepperoni pizza and opens the box. He smells it. It's great! ANOTHER ANGLE-FAVORING HERMAN. Herman Excuse me. What are you doing? Gabby I always hate to argue on an empty stomach. Don't you? Herman Argue? Gabby I'm Gabby Rally, owner of Rally's Pizza, fastest delivery in the area. Eat! Herman Your real name is Rally? Gabby Sure is. And you're a Rally too? Maybe we're related. Herman My name is Herman Hays. Rally is the name of our dealership. Has been for forty years. We spend more than three hundred thousand dollars a year advertising that name. I'm sorry, but we simply can't allow any other business to use our name. Gabby Gee, Herman, what's the trouble? You think people are going to confuse a pizza with a car? Herman The name Rally associated with pizza? I don't think so. Tony This is great pizza. It's not that Tony is stupid: Tony just likes to needle Herman in a friendly way. Gabby Thanks. And we're doing great business. Herman Sure you are, because Rally sticks in people's minds. Why? Because we advertise it everywhere. Gabby Lighten up, Herman. It works both ways. Someone can eat a pizza and think of Rally Motors. Why'd you sic those angry lawyers on me, Herman? Do I look like a criminal? Shelly (aside) Herman, remember Ma Barker . . . Herman It looks like the legal talent is working. Otherwise you wouldn't be here. Gabby I came here because I figured you needed to be reminded that a pizza is not a car. Shelly But Gabby, we're getting all sorts of calls for pizza. That says that people are confused about the names . . . Gabby No, it says that people don't know how to use a phone book. ANOTHER ANGLE-a change of mood. Gabby suddenly looks forlorn. Gabby (continued) Herman, you're a big company. I'm a little pizza woman. I don't have the money to get a lawyer to fight you. You're going to put me out of business. Herman I don't want to put you out of business. All I ask is for you to change your name. Gabby Why don't you change yours? Herman I was here first. Gabby Just the business. I've been named "Rally" for more than fifty years. Besides, how can anyone own a name like "rally"? There are car rallies, pep rallies, freedom rallies . . . Herman I'm not getting through to you, am I? If I let you name your business "Rally," then I'll have a used car salesman calling his business "Rally," and he'll open up right across the street. Gabby So that's it? You're really going to force me to change the name? Herman Afraid so. A CHANGE OF TONE-A BEAT. Gabby seems to grow smaller as she accepts defeat . . . she came in a blustering, happy lady, thinking that her spirited quality would get Herman to change his mind. The realities of business have ground her down. It's not a huge change, but some of the spirit has been knocked out of her. Note that this was the same spirit that the morning started with at Rally Motors, with Tony's perky "home of the offer you can't refuse." Gabby (quietly) Well, I don't have enough money to hire lawyers to fight you. I guess you win. ANOTHER ANGLE-as Gabby gets up and walks toward the door. Herman It doesn't make me feel great. I'm sorry, Gabby . . . Gabby turns around and takes a last look at Herman, then goes on out. ANOTHER ANGLE-on Herman. Herman Okay people, let's sell cars. ANOTHER ANGLE-on the whole group, as they turn to their desks. Their phones suddenly start ringing. FADE OUT-

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