Project #18170 - Business Law

CASE: Your company is entering the market to promote and sell condoms in a much more mainstream manor. They have seen the success of  Trojan brand condoms and know the market is ripe. This a young person's market and they want to appeal to young men and women with a hipper ad campaign. The name they want to roll out for their condom line is "Likee"-The advertising phrase is "Just Screw it". They think this clever play on Nike's name and slogan will play well with the under 30 crowd.

ASSIGNMENT

It is important you understand the underlying concept of the final paper and that is to be able to recognize each issue that will be asserted by each party (plaintiffs and defendant). The journey to get the answer is just as important as the answer.

The ability to spot the key legal claims of infringement is essential to this area of the business. It is important to be able to outline all the potential claims the plaintiff will make against your business. We have brought forth many of the infringement claims a plaintiff will make. It is important you realize that you must put yourself in the shoes of the plaintiff to see their perspective even though you are the defendant in this final paper. It is only by understanding the point of view of the opposition that you will be able to properly prepare your paper.

Once you have outlined the legal assertions the plaintiff(s) will allege, then you must be able to articulate the defenses to each and every element asserted. Simply stating "good faith" and not evidencing full comprehension of all the potential legal claims and defense that will made with the legal rationale is an incomplete paper.

Your submission should be a high level not a simplistic view. You would be doing no service to your company if your analysis omitted the clear fact that although you have a defense the overwhelming opinion would be against your company. An executive who ordered you to prepare this analysis would be very upset if you did not make sure they were aware of the strength of the assertions. This does not mean you should give up, but it does mean the company may want a straight forward opinion before proceeding further. The executive would want to know what defenses you could use, but they would also want to know how a court would likely decide.

That concept of prior court decisions is imperative to include in your paper. You have reviewed key cases and briefed them to help you be ready for legal analysis. While the legal analysis is important, do not rely solely on that aspect in your detailed analysis.

It is also important that you are able to show you have checked and understood how to review the USPTO site. A weakness of a paper of this kind is the lack of analysis. I am not looking for a cut and paste paper. Your submission needs to demonstrate a full understanding of the thrust of the class and a comprehension of the core concepts we have learned.

 

As you know from our materials, when a party comes after your company they do it with all avenues available to them. It is with this in mind that I am looking to see if you are able to recognize how a case of this type will unfold, not by simply setting forth some legal definition, but taking that definition and analyzing the specifics within your scenario.

Subject Business
Due By (Pacific Time) 12/01/2013 01:00 am
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