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LEG500 Assignment 5
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The fact that Gabby’s surname is Rally, doesn’t give her the right to use the name any way she wishes, especially in commerce. There are no laws that state that a person has any right to a trade name purely based on the fact that it’s the person’s last name. In commerce, it makes no difference whether a person is using his or her real name—or any other name, for that matter. The issue is whether a person is infringing on someone's trade name. Trade name rights can be obtained either by: (a) common law, or (b) trade name registration (Beckman, 2009). Common law states that the person who first uses the trade name, in a specific geographical region for a specific business purpose has the exclusive rights to that trade name in that area for that purpose. Rights to a trade name can also be granted by being the first to register the name with the United States Patent and Trademark Office (USPTO) or with the respective secretary of state. 

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