Resolving Intellectual Property Rights Order Description Assignment 2: Resolving Intellectual Property Rights Due Week 10 and worth 220 points Note: The companies mentioned herein are merely hypothetical organizations with characteristics developed to enable students to respond to the assignment. You may create and / or make all necessary assumptions needed for the completion of this assignment if those assumptions are consistent with the facts presented. Do not make assumptions which obviate the need to conduct a legal analysis of the issues. In this assignment, you will act as the fictional character of Betty Fuller, Head of Marketing at Simply Green Products, while you draft a memorandum to the company President. In this memorandum, you must explain how you would resolve the legal issues discussed in the scenario. Scenario Simply Green Products (SGP) is a $10 million company that produces biodegradable packing materials that orchards use in the Shenandoah Valley to transport their apples, peaches, and pears nationwide. Biodegradable materials are more eco-friendly because they break down into the environment. Such packing materials are marketed under the name “SafePac,” which is heavily advertised in trade journals. Simply Green Products have had the name “SafePac” imprinted on all of their packing material since 2008. Although SGP never filed for either state or federal trademark protection, following the advice of one of their summer interns, they did register the domain name “SafePac.com.” With the movement toward more eco-friendly agricultural production, the fact that such packing materials are biodegradable provides a primary marketing advantage over non-biodegradable competitors. Despite the fact that SGP is highly eco-friendly, it is not particularly technologically advanced. SGP mostly advertises in trade journals and magazines, with most orders coming via the mail or phone orders. Shep Howard, President of SGP realizes his company needs to increase its marketing presence and recently hired Betty Fuller, a recent Strayer graduate with an MBA, to be the new Director of Marketing for the company. Ms. Fuller has been charged with bringing SGP’s marketing plan into the 21st century. In preparing the new Marketing plan, Ms. Fuller, quickly noticed that although SGP owned Safepac.com, the name SafePac, itself had never been registered with the Trademark and Patent Office. Accordingly, one of the first things Ms. Fuller did was start the registration process. When searching the USPTO office database to see if a mark has already been filed she found the following entries shown below: Trademarks She immediately realized SGP had a problem. Ms. Fuller did some additional research and found that a company called Safe Choices, Inc. uses the SafePack name to market an emergency weather kit in the form of a backpack; and had received a federal registration for the mark from the Patent and Trademark Office in 2002. This backpack is sold both online at SafePack.com and in sporting goods stores nationwide. Note: “A complete search is one that will uncover all similar marks, not just those that are identical. In this regard, searching for trademark availability is not the same as searching to register a domain name. A domain name search may focus on exact or “dead on” hits, with no consideration given to similar names or use with related products and services. Basically, a domain address is either available or it is not. The trademark process, on the other hand, is more complex. As part of the overall examination process, the USPTO will search its database to determine whether registration must be refused because a similar mark is already registered for related products or services (i.e., even identical marks may co-exist if used on goods or services not considered to be related in any way). Please note that the USPTO does not offer advisory opinions on the availability of a mark prior to filing of an actual application.” http://www.uspto.gov/trademarks-application-process/search-trademark-database Legal Issues Ms. Fuller contacted Shep Howard to discuss SGP intellectual property problems and to devise a plan on how to proceed. In her meeting with Howard Ms. Fuller explained the legal issues to Howard as follows: SGP has been using the product name SafePac since 2008 but never trademarked or otherwise registered that named. A company called Safe Choice had registered the names SafePack and SafePacs back in 2002 and those names were listed live marks by the USPTO. Arguably, SafePac may be confusingly similar to Safe Choices marks to preclude registration of the marks. Moreover, use of the name may “constitutes a false designation of origin which is likely to confuse customers as to the source of the goods”. However, safe Choice and SGP are in different product lines and, therefore, arguably are not competitors, a requirement for infringement. The intellectual property issue at hand involves the Lanham Act. Even if the USPTO finds that SGP’s proposed mark and Safe Choices marks are not similar or that SGP and Safe Choice are not competitors, registrations may nonetheless be denied under the provisions of the Trademark Dilution Revision Act of 2006, 15 U.S.C. § 1125(c). For additional information, see Duvall, S.A. (2007). The Trademark Dilution Revision Act of 2006: balanced protection for famous brands. The Trademark Reporter, 97(6), 1252-1285. Since we purchased the domain name SafePac.com, Safe Choice may attempt to accuse SGP of cybersquatting and try to have that domain name transferred to their control. Any such action would proceed under the Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d). Finally, she outlined her plan on how to proceed with the marketing plan based on how she though the legal issues would be resolved. Mr. Howard then asked Ms. Fuller to put the information she had just given him in memo form. Assignment Requirements In the role of Betty Fuller, prepare the memorandum requested by Shep Howard. The memo should be three to four (3-4) pages in which you: Decide whether or not SGP can register SafePac as a trademark given the issues discussed in “legal issue: a”. Decide whether or not the Trademark Dilution Revision Act of 2006 would be violated if the USTPO granted SGP a trademark on SafePac. Decide whether or not the Anticybersquatting Consumer Protection Act would be violated by SGP’s use of safepac.com. Describe how your resolution would affect the marketing options available to the company. Use at least three (3) quality academic or legal resources in this assignment, such as a government Website, Law school Websites, Restatements of laws, and other treatises of Law. Your paper must include internal citations indicating the sources of your legal statements. Note: Wikipedia and other Websites do not qualify as academic or legal resources. Format your assignment according to the following formatting requirements: Typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides. Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page is not included in the required page length. Include a reference page. Citations and references must follow APA format. The reference page is not included in the required page length.
06 September, 2015
HOW SOCIAL MEDIA TOOLS CAN PROMOTE AND EXPAND AIM MAIL CENTER BUSINESS Order Description HOW SOCIAL MEDIA TOOLS CAN PROMOTE AND EXPAND AIM MAIL CENTER BUSINESS -EVERYTHING HAS TO BE IN APA FORMAT.MANDATORY -YOU CAN USE THE CONTENTS ATTACH IN THIS DOCUMENT TO ASSIST U IN THIS PAPER INSTRUCTIONS: PROVIDE AN ABSTRACT AND DETAILED INTRODUCTION -DEFINE THE PROBLEM: AIM Mail center in huntington beach, 19051 Goldenwest St #106 Huntington Beach, is facing a financial crisis as business has been slow, and to make matters worse, they have to deal with various mailing center competitors. -Describe clearly who are the competitors and how they pose threats to AIM Mail center, in Huntington beach, ca -Provide a detailed company profile of AIM MAIL CENTER, HUNTINGTON BEACH. -Information can be found on : https://www.aimmailcenters.com/ -Provide details descriptions of problems face by AIM MAIL CENTER, HUNTINGTON BEACH -TOO MANY COMPETITORS INCLUDING MAJOR COMPANIES SUCH AS FEDEX, UPS, USPS, DHL, ON-TRAC, ETC. -ONLY USE CONVENTIONAL MARKETING TECHNIQUES SUCH AS MONTHLY NEWSLETTERS TO PROMOTE. -NOT MANY PEOPLE ARE AWARE OF THEIR EXISTENCE. DO NOT HAVE ANY SOCIAL MEDIA PRESENCE AND ON LINE PROMOTIONS -NO UPDATED SOCIAL MEDIA TOOLS OR SYSTEMS TO HELP PROMOTE BUSINESS. -BUSINESS WENT DOWN 20% IN SALES AND CUSTOMERS ARE MOVING TO OTHER MAILING CENTERS. -PLEASE DESCRIBE AND EXPLAIN IN DETAILS ABOUT THEIR PROBLEMS -DESCRIBE AND EXPLAIN IN DETAILS THE ACTIONS TO TARGET THESE PROBLEMS. PLEASE REVOLVE PRIMARILY ON SOCIAL MEDIAS TOOLS AND ONLINE MARKETING. -PROVIDE VERY SPECIFIC ACTIONS AND EXAMPLES TO TARGET THESE PROBLEMS FACED BY AIM MAIL CENTER LOCATED IN HUNTINGTON BEACH. -DESCRIBE IN DETAILS HOW THESE SOCIAL MEDIA ACTIONS WILL HELP THE BUSINESS. PROVIDE ADVANTAGES AND WHY THEY ARE CONSIDERED ADVANTAGES. -PLEASE PROVIDE DETAILED DISADVANTAGES FOR THE COMPANY IS THEY MAKE USE OF THESE ACTIONS. -PROVIDE A VALIDATED AND SUCCESSFUL CASE STUDY TO PROVIDE THAT ADOPTING SOCIAL MEDIA TOOLS HAS BEEN SUCCESSFUL IN MAILING BUSINESS. PROVIDE REFERENCES AND EXPLAIN IN DETAILS. -PROVIDE RECOMMENDATIONS FOR THE MAILING CENTER BUSINESS -CONCLUSION.
06 September, 2015
Modernism and the American Novel Order Description This paper needs to be between 12 and 14 pages excluding cover page and bibliography. You may not summarize the material, instead you will support and inform your own argument about the literature. I must use the certain sources that are in my annotated bibliography and I have three paragraphs in. I will try to list them all here. Coren Michael F. "F, Scott Fitzgerald" Toronto Star Dickstein, Morris. "Steinbeck and the Great Depression" South Atlantic Quarterly Dos Passos, John "Three Soldiers" Faulkner, William "As I Lay Dying" Fitzgerald, F. Scott. "The Great Gatsby" Hemingway, Ernest "A Farewell to Arms" Justus James H. "Hemingway and Faulkner:Vision and Repudiation" Kenyan Review Steinbeck, John "The Grapes of Wrath" Although generally called a movement, it is more valid to see modernism as an international body of literature characterized by a new self-consciousness about modernity and by radical formal explanation. The early part of the twentieth century was marked with some very big changes. There were a lot of technological advancements, significant political changes, and perhaps the most notable change was World War I; a war that none had seen or felt before. Literary modernism resulted as a result of cultural, political, and the artistic awareness, before, during and after the war. The world wasn't the same anymore and writers and authors were looking for new ways that would reflect those changes. Darwin, Marx, Freud and Nietzsche changed many things that people thought about the world. The revolutionary way of thinking was changing and artists embraced that change. These changes came in the effects of humanity came from evolution, not of God, the Unconscious mind, alienation and the will to power. This expression came in the form of style, content, genre and just about everything in between. Modernism can be described as a heightened awareness of the Self. For the Modernist, there was no one reality, reality was personal and therefore individual and subjective. Modernism was not so much concerned with tradition than with how the tradition could be reformed. In a word, the Modernist created a world shaped by the illogical. In this sense, the modernist focused on the teachings of these four men and others and reflected their thoughts in their own works. (Thesis Statement???) Focusing on realism in their works; Fitzgerald, Dos Passos, Steinbeck, Hemingway and Faulkner, as well as many others brought the coming of age to the surface and forefront of readers minds. The importance of facing reality became a focal point in American Literature during the period that followed the war. By focusing on these authors in my paper. the importance of the many themes associated with modernism will prove how a nation moved forward.
05 September, 2015
