Intellectual Property Law

Intellectual Property
Written Assignment 2000-2500 word about Intellectual Property response to the questions provided below.
The assessment is based upon;
a) issue identification
b) application of logic and rationale processing to support a proposition or conclusion.
There are two questions to address and your written responses should be well researched and properly referenced (Harvard style).
Part A
You have been approached by Melbourne duo, The Nando Sisters (Katrina and Sarina Nando), who are becoming increasingly popular in Australia and overseas. Katrina, the real star of The Nando Sisters, writes all the music and lyrics and performs lead vocals. She is concerned that her sister Sarina, the eye candy of the group, is slacking off but still takes half of everything. Katrina is looking for a way to keep everything fair and her sister in check.
The Nando sisters owe their success to date to their friend Tim. He has been helping them with negotiations and advice here and there and Katrina wants to know how to make this more permanent.
The Nando Sisters debut album, “Hot and Spicy”, has gone platinum in Australia and is receiving significant airplay in the US. The sisters think there are big merchandising opportunities and Sarina is even thinking of designing a Hot and Spicy clothing range.
The sisters would like to protect both the album and band name but are worried that the food chain, Nando’s, may have problems with this. They have also been told that a singer from the 80s trade marked “Spicy Hot” for clothing in 1989 however they haven’t been able to find anything on Google.
Advise The Nando Sisters and use cases and examples where possible.
Part B
Katrina and Sarina’s international success has earned them significant popularity with media worldwide. While out and about recently they were snapped by a paparazzo eating at the new Oporto store in Los Angeles. Oporto purchased the photo and used it in a recent advertising campaign with the caption:
“Even Nandos love Oporto!” Advise the Nando Sisters on:
• any legal cause of action available to them in Australia,
• any additional cause of action they may have available to them in the US, and
• what Oporto should have done in this situation? ?Use cases and examples where possible.

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