Tashkent State University of Law English for Law students Final exam paper for 2nd year students’

PART II. WRITING. (20 points)
Picture description. Infringement of trademark

• 
  Describe a picture.
  
• 
  Use at least TEN words/phrases from the table provided below, and UNDERLINE them in your narrative.
  
• 
  In your writing include the following details:
  

• 
  What kind of dispute has happened;
  

• 
  Give name for parties;
  
• 
  Verdict of the judge.
  

• 
  Write at least 150 words.
  

claimant	sue	exclusive rights
patent	design rights	grounds
intangible property rights	trademark	holder
breach	evidence	damages
injured party	copyright	passing-off

Picture description
As can be seen from the picture provided, it depicts a McDonald’s registred trademark. It is a yellow version of the letter "M", derived from the initial letter of the word McDonald's. In addition, there is a shadow on the back of the symbol. This makes it even more noticeable. It is considered one of the most popular trademark over the world.

A dispute had erupted between Macdonald’s and the recently established fast food company McDowell. McDonald's attorney, Mr. Adams, has filed a lawsuit and sued for the regional court in the current case. The second party in the lawsuit was Mr. Simpson, the holder of McDowell's and a claimant was a lawyer for McDonald's. Initially, the first party stated its claim. According to him, McDonald’s has its own registered trademark and this is their exclusive right. He claimed that the trademark was acquired by another company and as a result infringed their intangible property rights. The other party also tried to defend itself on several grounds. He said they did not directly copy the McDonald’s trademark, on the contray, they made several additions. This meant that it was not an illegal act. As evidence, they presented their newly created trademark. Finally, the judge found that McDowel's company was guilty of passing-off. This is because adding some changes and embezzling a registered trademark is considered illegal. The judge ordered the second party to pay damages in injured party's favor.