Browsing by Author "Hassen Tadesse"
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Item Trade Name Protection in Ethiopia and Determination of Misleading Similarity(Addis Ababa University, 2024-09) Hassen Tadesse; Mandefro Eshete (PhD)Establishing a robust reputation, cultivating goodwill, and fostering trust among customers are paramount for businesses, necessitating a singular and identifiable business identity. This study looks into the critical role of trade names as identifiers and their significance in accruing reputation and trust. Despite their centrality, there exists a persistent confusion between trade names and business names within commercial registration and licensing laws in Ethiopia. This research addresses the lacuna in the Commercial Registration and Licensing Proclamation (CRLP), where the distinction between trade names and business names remains elusive. While international and Ethiopian laws recognize trade names as property rights, the CRLP lacks clarity on the specific property rights embedded in trade names, leaving a potential gap in legal protection. Furthermore, the study explores the propensity of trade names to cause confusion, emphasizing the subjective nature of determining confusion based on factual evidence or individual opinions. Despite legal protection, the Ethiopian trade name regime lacks a clear rule against confusion, particularly concerning trade name infringement. Given that the primary purpose of legal recognition is to provide remedies for infringements, this research advocates for a comprehensive delineation of rights and the incorporation of effective enforcement provisions within the legal framework. By addressing these gaps, the study aims to contribute to a more coherent and protective legal environment for businesses, fostering a conducive atmosphere for the growth of reputation, goodwill, and trust.