Reference no: EM133492267
Merrick Jones an entertainer, business manager and computer analyst uses the name Merrick's as his business name. His business provides services to big businesses including accounting firms, banking, financial and brokerage firms, by providing forensic computer analysis of business software, accounting systems and related advice that includes investment in software and technology to improve business performance. These services are under class 35 as computerised assisted business information. He commenced his business in 2018, and it has become very successful and profitable.
The following three companies have registered trade marks commencing before Merrick Jones commenced his business in 2018:
1. The Merrick Corporation Ltd is a major corporation specialising in weighing machines, has a registered trade mark 223890 in the word "Merrick" in class 9 relating to: Automatic and continuous weighing apparatus, recording mechanism for automatic and continuous weighing apparatus,
2. JRJJ Capital Pty Ltd (JRJJ) has a registered trade mark No 1187617 in the words "Merricks Capital" in class 36 relating to:
Financial services including but not limited to financial analysis; banking and brokerage services; financial management and information services; fund investments and fund raising services; investment loans, investment capital and mutual funds.
3. Societe des Produits Nestle S.A. (Nestle) has a registered trade mark No 15868068 in the word "Merrick" in Class 31 for pet foods and treats. Nestle is a multinational company with multiple consumer products. It believes it is well known to pet food consumers for the Merrick brand of pet food as the brand is a premium brand in the pet food category.
Explain to Merrick Jones whether his business name Merrick's infringes the trade mark rights of Nestle, JRJJ or the Merrick Corporation, under the Trade Marks Act 1995 (Cth). Illustrate your answer with appropriate cases and legislation.