This part for the question that I have to completely answer

This part for the question that I have to completely answer
The question is about Copyright and Trademark Law
Jane Adams has published a novel. The central character is called Dr Henry Smart: he is a University Professor of Forensics and solves the most mysterious crimes in collaboration with the local police team. Jane’s book becomes a best seller and Movix Pictures Ltd asks her permission to create a film based on her book.
Jane discovers the following activities relating to her work and comes to you for legal advice.
•    Dennis Stuart has published a book, using Dr Smart as a central character. He refers to incidents mentioned in Jane’s book but he does not copy her original expression. In his book, he explores the childhood of the man who later became Dr Henry Smart.
•    Movix Pictures Ltd has appointed Ed McRury, a screenplay writer, to work on the film adaptation of Jane’s book. In an interview released to Screen International, Ed has expressed his intention to change parts of Jane’s story in the film adaptation of the novel. He will create incidents that are not included in the original plot and indicate that Dr Smart suffers from an unusual psychological condition.
•    TV-Fashion Ltd prints mugs and T-shirts bearing the name “Dr Smart” and short sentences from Jane’s book. They have not requested a license from Jane but in their products they attach a label that this is “unofficial” merchandise.
•    Dr James Smart, an expert of herbal medicine, registers a trade mark “Dr Smart” under classes 5, 20 and 30, and places his “Dr Smart herbal teas” on the market.
Advise Jane on the available courses of actions to protect her interests.
Remark :
90% of available marks will be allocated to the application of judicial decisions, judicial and academic comments to the topic under discussion and no limited writing style. You may present information in the way that best conveys your ability to analyse and apply your knowledge, understanding, and research.
This part for detail in the program that it may be useful for answer the question
Relevant books:
Paul Torremans, ‘HolyoqkqndTorremans : intellectual property law” (7th end Oxford press 2013
Lionel Bently and Brad Sherman, “Intellectual Property Law” (4th edn Oxford press 2014)
Catherine Colston and Jonathan Galloway, “Modern Intellectual Property Law”(3th ednRoutledge 2010)
University of London Press Ltd v. University Tutorial Press Ltd (1916)
Colston and Jonathan Galloway, “Modern Intellectual Property Law”(3th ednRoutledge 2010)[p34]
Catherine Colston and Jonathan Galloway, “Modern Intellectual Property Law”(3th ednRoutledge 2010)
Core texts:
•    Bently& Sherman  Intellectual Property Law (OUP)
•    Bainbridge, Intellectual Property (Longman)
•    Cornish, Llewelyn&AplinIntellectual Property (Sweet & Maxwell)
•    Holyoak&TorremansIntellectual Property Law (OUP)
•    Waelde, Laurie, Brown, Kheria, & Cornwell Contemporary Intellectual Property: Law & Policy (OUP)
Reports and Law Reviews
As well as the general law reports (e.g. the Weekly Law Reports and the All Englands), there are a number of specialist intellectual property law reports, many of which are available on Westlaw. Also, the European Court of Justice and the Court of First Instance are responsible for a fair number of intellectual property decisions which are reported in the general European Court Reports (ECR) series.
Specialist law reports
ECDR – European Copyright and Design Reports
ETMR – European Trade Mark Reports. N.B. cases are cited by case number, not page number
EMLR – European Media Law Reports
FSR – Fleet Street Reports
RPC – Reports of Patent Cases [though these now include decisions on other IP rights]
Main intellectual property journals (selection)
EIPR – European Intellectual Property Review (available on WESTLAW)
IPQ – Intellectual Property Quarterly (available on WESTLAW)
JIPLP – Journal of Intellectual Property Law and Practice (available through Oxford Journals)
JWIP – Journal of World Intellectual Property
IIC – International Review of Intellectual Property and Competition Law (available on WESTLAW)
EntLR – Entertainment Law Review (available on WESTLAW)
TMR – The Trademark Reporter
QMJIP – Queen Mary Journal of Intellectual Property
Main legislation
CDPA 1988 – Copyright, Designs and Patents Act 1988 (as amended)
TMA 1994 – Trade Marks Act 1994
TM Directive – Directive 89/104/EEC (consolidated as Directive 2008/95)
CTM Regulation – Regulation (EC) No. 207/2009 on the Community Trade Mark
InfoSoc Directive – Directive 2001/29 on Copyright in the Information Society
Paris – Paris Convention for the Protection of Industrial Property, 1883
Berne – Berne Convention for the Protection of Literary and Artistic Works, 1886
Madrid – Madrid Agreement Concerning the International Registration of Marks, 1891
TRIPs – Agreement on Trade Related Aspects of Intellectual Property Rights, 1995
WCT – WIPO Copyright Treaty, 1996
WPPT – WIPO Performance and Phonograms Treaty, 1996
Useful web resources
The United Kingdom Intellectual Property Office (IPO)
Body responsible for IP in the UK
World Intellectual Property Organisation (WIPO)
UN specialist agency responsible for IP
World Trade Organisation (WTO)
Body responsible for the TRIPs Agreement
Office for Harmonization in the Internal Market (OHIM)
Body responsible for pan-European trade marks and designs
UK Courts
Details of forthcoming cases and recently handed down decisions
British and Irish Legal Information Institute
Database of UK and Irish court decisions
European Union Law
The EU’s portal
European Court of Justice
Decisions of the ECJ from 1997 onwards
IP blog
The 1709 blog
Copyright blog
Kluwer copyright blog
Copyright blog
Trade mark blog, hosted by Association of European Trade Mark Owners
EDRI – Protecting digital freedom
Digital civil rights in Europe
Updates on IT and Internet Law
Trade marks
Rationale, international framework, registration
Core reading:
TRIPS, Paris, Madrid
TM Directive 89/104/EEC (consolidated as Directive 2008/95)
CTM Regulation (EC) No. 207/2009
Trade Marks Act 1994
Trade mark registry work manual:
Further reading:
F. Schechter (1927) ‘The Rational Basis of Trademark Protection’, 40 Harvard Law Review 813
‘The Case for Brands’, Economist 8 Sept 2001
Klein, Naomi (2000) No Logo, London: Harper Collins
L’Oréal v. Bellure [2009] Case C-487/07 ECJ; criticized by Jacob LJ in L’Oréal v. Bellure [2010] EWCA Civ 968, CA (function of trade mark, and overlap with unfair competition and free speech)
Philip Hardwick and Martin Kretschmer, The Economics of Geographical Indications, Ch. 3 in Geographical Indications, Edward Elgar (chapter from forthcoming book, uploaded under unit materials)
Nice Classification:
Altecnic’s TM Application [2002] RPC 34, CA
Absolute and relative bars
Core reading:
British Sugar v. James Robertson [1996] RPC 281
Further reading:
Sign: “clear precise, self-contained, easily accessible, intelligible, durable and objective” Sieckmann [2002] ECJ C-273/00

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