Intellectual Property Romag Fasteners Inc v Fossil Inc Case Analysis
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CU Intellectual Property Romag Fasteners Inc v Fossil Inc Case Analysis EssayI need help with a Business Law question. All explanations and answers will be used to help me learn.
- Write a 2–page executive briefing of a selected U.S. federal or U.S. state court case pertaining to the topic of intellectual property.
Context
WHY INTELLECTUAL PROPERTY MATTERS
Intellectual property rights issues are a growing concern in the global marketplace. Differing cultural interpretations of the concept of intellectual property have caused conflict between organizations in different nations. There is an increase in international litigation concerning intellectual property rights infringement. Primarily, lawsuits are being brought by multinational corporations based in the United States and Western European nations against organizations in developing nations such as China, India, and Vietnam. Indeed, violations of intellectual property rights have become a critical and debilitating sticking point between Washington and Beijing. In the U.S., intellectual property rights protect the economic and intellectual investment that entrepreneurs make in a product or service, and without these protections the marketplace would grind to a halt.
- The copying of Microsoft software in China is the most egregious example of infringement upon intellectual property rights, but the problem goes far beyond that. From those who copy the latest hit CDs to manufacturers producing fake Louis Vuitton handbags, and even the nearly identical creation of automobiles copied from General Motors cars in China, one thing is certain: each example inextricably leads to an important conversation about what rights are important, how they should be protected in an international context, and what powers governments should have to enforce intellectual property rights.
- The focus of this assessment is necessarily upon the United States, where intellectual property is considered a cornerstone of the business environment. The federal government and state and federal courts have crafted a vast array of resources and protections for entrepreneurs regarding their ideas, products, and services. The proliferation of small businesses and the dominance of Silicon Valley in the high-tech field are all testament to the protections that have been afforded businesspeople who are seeking to create new ideas or to further innovative technologies. It is also important to consider the ramifications for businesses that seek to do business overseas, where intellectual property rights may not be as strong or as stringently enforced as they are in more developed nations.
- Read the Assessment 3 Context document for important information related to the following additional topics:
- Employment-at-Will in the United States.
- Combating Employment Discrimination.
Questions to Consider
To deepen your understanding, you are encouraged to consider the questions below and discuss them with a fellow learner, a work associate, an interested friend, or a member of the business community.
- Should the law allow debtors to avoid payment of their debts if those debts cause the debtors to lose their homes or suffer other extreme hardships?
- Should a business be able to erase its obligations to workers if those obligations would cause the business to be unable to pay dividends to its shareholders?
- Should a student ever be able to obtain forgiveness of her obligation to pay tuition?
- Should a parent ever be able to obtain forgiveness of his obligation to pay child support?
Resources
SUGGESTED RESOURCES
- Analyzing a Case Law | Transcript.
- Throughout this course, you will be required to submit case law analysis papers. This multimedia presentation points out key areas of a case law. Use this presentation to help you complete your case analyses. Refer to this media as often as you need to.
- Business Law Foundational Concepts | Transcript.
- This media piece offers interactive flashcards that you can use to learn (or review) foundational terms and concepts in business law. Refer to this study aid often and as needed.
- Labor Law Timeline.
Library Resources
The following e-books, articles, and videos from the University Library are linked directly in this course:
- DuBoff, L. D. (2004).The law (in plain English) for small business. Naperville, IL: Sphinx Publishing.
- Grimsley, K. S., & Riewerts, P. K. (2010, July). Does your business have intellectual property to protect? CPA Practice Management Forum, 6(7), 12–15.
Internet Resources
Access the following resources by clicking the links provided. Please note that URLs change frequently. Permissions for the following links have been either granted or deemed appropriate for educational use at the time of course publication.
- Nolo. (2013). Nolo law for all. Retrieved from http://www.nolo.com
- This resource provides helpful background on a range of legal issues. You may find the Free Legal Information section of the site particularly helpful.
Your assessments throughout this course will be case law analysis papers based on real-world court decisions you will choose and research independently. The following suggested resources provide helpful methods of locating relevant cases:
- FindLaw. (2013). US Supreme Court opinions. Retrieved from www.findlaw.com/casecode/supreme.html
- FindLaw.com is one of the best resources for case law in the topic area of intellectual property.
- Cornell University Law School – Legal Information Institute (LII). (n.d.).Supreme Court: Most recent decisions. Retrieved from www.law.cornell.edu/supct/
- Nolo. (2011). US Supreme Court center. Retrieved from http://supreme.nolo.com
- Oyez, Inc. (2011). U.S. Supreme Court media – Cases. Retrieved from http://www.oyez.org/cases
The following government agencies are a good place to search for up-to-date information about employment law:
- U.S. Government Accountability Office. (n.d.). GAO. Retrieved from http://www.gao.gov
- You may find useful reports about the state of creditor-debtor issues on this Web site.
- U.S. Department of Labor. (n.d.).Occupational Safety and Health Administration (OSHA). Retrieved from http://www.osha.gov
- This Web site is highly recommended and has critical information about workplace health and safety.
- U.S. Department of Labor. (n.d.). Bureau of Labor Statistics. Retrieved from http://www.bls.gov
- This Web site provides relevant and up-to-date employee data in the United States.
- U.S. Department of Labor. (n.d.). United States Department of Labor. Retrieved from http://www.dol.gov
- This Web site should be considered an essential resource for this course.
- Miller, R. L., & Cross, F. B. (2018). The legal environment of business: Text and cases (10th ed.). Boston, MA: Cengage.
Assessment Instructions
For this assessment, you will first select an actual business-related U.S. legal case, pertaining to the topic of intellectual property, based on briefly conducting associated research. Based on that, you will then select an organization that you believe would be impacted by that legal case. Having completed both of these tasks, you should assume you’re a senior manager in the organization you selected, and that you were asked to perform an analysis of the legal case and to write an executive briefing for the executive team of that same organization. Your executive briefing should include a summary of the case, as well as an evaluation of how the case impacts the organization.The purpose of this format is two-fold:
- To give you the opportunity to research and investigate a real court decision.
- To challenge you to think about the business implications of the case, and specifically how the case will impact an actual organization.
In your case law analysis you must be able to navigate the court’s decision, and summarize and evaluate it. You may choose any business-related court case, either state or federal, as the basis for your case law executive briefing, as long as the case is applicable to the assessment topic. You are expected to conduct your own independent research to locate and evaluate the applicability of cases. A few appropriate case law websites are recommended for you in the Resources, but you are not limited to using cases from these sites.
- For this assessment, use credible legal research databases and online resources, research federal and state court cases, and select any business-related case that has been decided by a state court, a federal court, or the United States Supreme Court. Then select an organization (potentially the organization for which you work) that you believe the selected case might impact. Write an executive briefing that addresses the following:
- Research federal and state court cases pertaining to the topic of intellectual property. Select one court case and write an analysis that addresses the following:
- Articulate the context and relevance of law in a business environment:
- Identify the parties who are before the court.
- Provide a brief background and context associated with the case. Summarize the facts in no more than 2–3 paragraphs.
- Identify the specific disagreement between the parties.
- Explain the ruling of the court and its business relevance in no more than 1–2 paragraphs. Was there a dissenting opinion? If so, explain why some of the judges or justices disagreed with the majority in the decision.
- Evaluate the business impact of the case:
- Summarize your analysis of how the case will impact businesses in general, including both positive and negative impacts.
- Indicate the organization you selected as potentially impacted by the case and why you selected that organization.
- Explain how the case will impact the specific organization you selected, such that the executive team will understand the implications of the legal decision.
Based on your executive audience, your executive briefing should be no more than two pages, and should be well organized and written in clear, succinct language. Follow APA rules for attributing sources that support your analysis and conclusions.
Case Law Analysis: Intellectual Property Scoring Guide
CRITERIA DISTINGUISHED Exhibit information literacy skills as applied to business law. Exhibits information literacy skills as applied to business law, and supports statements with legal research from credible legal research databases and online resources. Summarize the facts and ruling of a legal case. Summarizes the facts and ruling of a legal case, and clearly explains the business context and relevance. Analyze how a legal case could impact businesses. . Analyzes how a legal case could impact businesses, including both positive and negative impacts. Explain how a legal case could impact a specific organization. Explains how a legal case could impact a specific organization such that an executive team will understand the implications of the legal decision.
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. GET THIS PROJECT NOW BY CLICKING ON THIS LINK TO PLACE THE ORDER
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