MGMT

Instructions:

Review the following fact patterns and answer the questions presented. Make sure to fully explain your answers and support them with the law as presented in this week’s material. Explain about 2 pages for the complete answers!

Fact Pattern A:

· College Admission Company (“CAC”), a New York corporation located in New York develops, owns and conducts the College Admission Test (“CAT”) used by several colleges to assess the qualifications of applicants to business programs.

· The questions it creates are original copyrightable material and it has exclusive rights to copy, distribute, display, publish and prepare derivative works from this material. CAC also owns the trademark CAT. Defendant, Barton, registered the domain names College Admission Company and College Admission Test with a Global Registry Service, located in New York.

· Barton operated a web site associated with these domain names from India and through this web site sold CAC questions for test preparation purposes. Barton sold and delivered these materials to people located in New York on at least two occasions, and the proceeds were transferred to India. The ordering page mentioned only the U.S. and Canada as countries from which orders could be placed. CAC files a lawsuit against Barton.  

· Do you think there are sufficient minimum contacts for a court in New York to exercise personal jurisdiction over Barton? Why or why not?

Fact Pattern B:

· Betty Sue Furs (BSF) is a Boston, Massachusetts corporation that has been in the fur-dealing business for fifteen years.

· George Black, an officer of BSF, attended two auctions conducted by Finnish Fur Sales (FFS) in Finland. He purchased more than $1.2 million worth of skins at the auctions.

· Black attended each auction and was the actual bidder. The conditions of sale were listed in the auction catalog in English. BSF paid for the majority of the skins purchased, leaving an unpaid balance of $250,000.

· FFS brought this action to recover the contract price of the skins from Black, claiming he was personally liable for payment under Finnish law.

· Black responded that he was acting only as the agent for BSF and that under Massachusetts law he was not personally responsible for the contracts of the corporation he represented at the auction. Section 4 of the Conditions of Sale provides:

· Any person bidding at the auction shall stand surety as for his own debt until full payment is made for purchased merchandise. If he has made the bid on behalf of another person, he is jointly and severally liable with the person for the purchase. Section 15 of the Conditions of Sale provides: that “these conditions are governed by Finnish law.”

· If you were the judge, would you apply Massachusetts or Finnish law? Make sure to fully explain why.

Guidelines and Expectations:

· Make sure to use APA format for in-text citations and your reference page. For detailed guidance on APA format