Answer to Question #244340 in Management for Pfano

Question

Now assume that A had been using the trade mark ABC for about 10 years and 

that there had been no confusion or deception in the marketplace between the 

respective products of A and B? Advise A briefly what they could do in terms of the 

Act. 

Answer 1

A business may not participate in activity that misleads or deceives consumers or other businesses, or is likely to mislead or deceive consumers or other businesses. This law applies even if you did not mean to deceive or mislead anyone, or if no one was harmed as a result of your actions. It's critical for ABC to consider how a company's actions influence the public's perception of a product or service. Where it is likely that its other conduct has generated a misleading impression, or where it is reasonable to assume that this information will be exposed, the company should give additional information to the customer or another business. Whether or not a marketing or promotional activity is deceptive or misleading may be determined by the audience that hears the message. ABC must keep in mind that the intended audience for an advertising campaign may not be the same as the audience who receives the message. Those who are responsible for identifying the potential audience will be able to determine the impact of their message.