Intellectual Property Rights Issues

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Assignment 1: Intellectual Property Dispute

For this assignment, the class will be divided into three groups. Group A will prepare individual briefs for the plaintiff. Group B will file individual briefs for the defendants. Group C will act as the appeals panel and prepare a final ruling. This is an individual assignment, and you and your classmates will be working in common areas and not in teams or groups.

To provide for more uniformity in the case briefs, consider the following format for your case briefs.

Parties—Identify the parties
Facts—Gather facts
Issue 1—List the first cause of action
Arguments—Provide legal arguments for your party
Issue 2—List the second cause of action
Arguments—Provide legal arguments for your party
Conclusions—Provide the desired outcome of the case for your client and any remedies your client seeks

Case: James Stick (Plaintiff) vs. Sportsman’s Warehouse (Defendant)

For over 20 years, James Stick, an Italian citizen, has made millions of dollars in licensing fees on the StickMan, characterized as a human figure showing the head as a circle and the rest of the body as a combination of straight lines. Through his Italian company, StickMan, James Stick secured trademarks in over 50 countries; however, he never filed for trademark protection in the U.S. From 1994 to the present, Sportsman’s Warehouse, the largest sports retailer in the United States, spent millions of dollars using the stick figure in its advertising. Since the stick figure is used for advertising, it is found on bags, shipping boxes, and on the store’s generic brand of clothing. In 2005, James Stick filed for trademark rights to the StickMan with the U.S. Patent and Trademark Office. Two months later, Sportsman’s Warehouse filed for sole trademark rights to their stick man figure. James Stick opposed the application by Sportsman’s Warehouse.

Analyze why trademark protection should be granted to your party and not to the other one.

Prepare your one-page brief in support of your party for review by the United States Patent and Trademark Office (USPTO) appeal board.

If you are in Group A or Group B, write your briefs in a Microsoft Word document and name the file M7_A1_LastName_GroupA/B_Brief.doc. By Friday, February 19, 2016, submit the brief to the Doc Sharing Area under M7_GroupA_Plaintiff_Briefs or M7_GroupB_Defendant_Briefs categories based on your group.

If you are acting as one of the appeals panel (Group C), review at least two briefs each from the plaintiff and defendant. You should also review the facts and identify the issues. Analyze whether trademark protection should be granted to one of the parties? If so, to which party. If not, why not?

Then, you should prepare a one-page ruling about granting the trademark protection and support the ruling with case law, research, and other legal authority. Also, provide a balanced feedback, addressing both strengths and weaknesses of the briefs done by each of them.

Write your ruling in a Microsoft Word document and name the file M7_A1_LastName_Ruling.doc. Submit the brief to the Doc Sharing Area under the M7_Ruling category by Saturday, February 20, 2016.

If you are in Group A or B, review and critique at least three rulings. Through Wednesday, February 24, 2016, provide a balanced feedback, defending the ruling or your brief. Support your defense with case law, research, and other legal authority. Submit your review and critique to the Discussion Area.

All written assignments and responses should follow APA rules for attributing sources.

Note: When citing legal texts, please refer to: Introduction to basic legal citation (LII 2007 ed.). Web site: http://www.law.cornell.edu/citation/ or open the link provided under Introduction to basic legal citation in the Webliography.

Assignment 2: Intellectual Property Rights Issues

With the increased use of the Internet and the expansion of the global economy, the protection of intellectual property rights has become increasingly difficult. Using information obtained from the discussion questions, independent research, and interviews with employees from your company, provide a very brief report to address the following issues.

List the types of intellectual property focusing on trademarks, copyrights, patents, and trade secrets.
List the laws related to the protection of intellectual property in the U.S.
Provide a list of the various international treaties and conventions that provide for the protection of intellectual property and the enforcement of laws governing such property.
Compare the protections and enforcement available in your selected country with U.S protections and enforcement.
Define a strategy for your company to use for the protection of intellectual property and the enforcement of laws concerning such property.

Write a 2–3 page paper showing your research on intellectual property rights issues. Include links, references, and sources you have used and follow the proper guidelines for citing legal texts. Also provide a statement regarding which specific topics related to your research would be appropriate for inclusion in the International Business Law and Practices Guidelines document you are developing. Provide a rationale for your decisions.

Present your work in Microsoft Word document format. Name your file M7_A2_LastName_IntellectualProperty.doc and submit it to the Discussion Area by Sunday, February 21, 2016.

All written assignments and responses should follow APA rules for attributing sources.

Assignment 3: Course Project Task VII

Delivery of the Guidelines on International Business Law and Practices

The CEO has requested that the completed International Business Law and Practices Guidelines document be submitted for review by the officers and board of directors. Your guidelines document should be reflect information gathered through research you conducted in each module which you have distilled into a practical, informative and easy to understand and apply format. Your document should demonstrate the depth of your research and reflect topics relevant to the needs of your chosen company.

Assemble the guidelines document content following APA guidelines for writing style and format. Attach a rationale that explains the inclusion and exclusion of specific topics in your guidelines document and format or presentation choices. Collate any links and references you have included in each Course Project task. Create bibliography of all sources you have used in your research. Follow the proper guidelines for citing legal texts. When citing legal texts, please refer to: Introduction to basic legal citation (LII 2007 ed.). Web site: http://www.law.cornell.edu/citation/

Present the guidelines in a 15 pages Microsoft Word format document. (Page count does not include the bibliography or rationale.) Include a
heading—“Feasibility Plan of Export/Expansion.” Name the file M7_A3_LastName_TaskVII.doc.

Submit your project to the Discussion Area by Monday, February 22, 2016