INTELLECTUAL PROPERTY

TORTS- For this unit, watch torts in action and give an oral presentation on your findings. Go to any place of business (perhaps if you have a part-time job or an internship), or use our Lynn University campus for this assignment. Then, find FOUR potential tort issues that you see.

Next, complete a formal outline of your oral presentation, including, for each potential tort, an explanation of (1) facts and the potential injury which may occur and the specific tort which may be involved, (2) legal elements of that tort, (3) application of those elements to the facts; (4) your potential questioning of the validity of legal defenses to that tort actions.

For example, you may notice water puddling in the bathroom. Explain how a person could slip, fall and be injured. Note that injury could trigger negligence. Specify the four elements of negligence and specifically apply the elements of the tort to the facts. Complete the analysis by examining potential defenses to the tort of negligence and why that, in your opinion, would not apply. Submit that formal outline to the professor.

In class, you will present your findings in an oral presentation of 8-10 minutes, using 8-10 PowerPoint or Prezi slides. Start by completing a speaking outline for your presentation based on your findings and your formal outline. You shall be graded according to the Dialogues of Learning Oral Communication Grading Rubric, attached. This project is 15% of your grade.

SECOND ASSIGNMENT

BUSINESS ENTITIES- Kelly and Karla were roommates at Lynn University and graduated last May. While on a post-graduation celebration trip to Costa Rica, the two women began exploring the idea of opening a restaurant on South Beach in Miami, Florida. Neither has any previous experience in starting or operating a restaurant, but both have extensive connections in the Miami-Dade area because of the many friends they made while attending Lynn. They intend to attract health-minded, college-age students to their new restaurant, The SoBe Health Hut. Kelly and Karla agree that each will invest equally in terms of time and money. However, in addition to these equal contributions, another $100,000 is essential for the restaurant to succeed.

1) Explain the key elements of – and the differences between — a sole proprietorship, a general partnership, a limited liability partnership, and a corporation. (65%)

2) What type of the above four business entities is best suited for The SoBe Health Hut and why? In your answer, explain who will manage the store and what personal liabilities will Kelly and Karla face and why? (35%)

You shall be graded on your complete and proper explanations, research and language usage, all as noted below. The report must be no more than 1,000 words and is to be submitted in typed, double-spaced form. A report that does not follow this form will be deducted per the grading rubric. This project is 15% of your overall grade.

THIRD ASSIGNMENT

IP- Andy King owns a small sandwich shop in Boca Raton, Florida. The shop is called “Andy The Burger King” and has been open for about one month.

Andy sells typical “burger place” food, including hamburgers, chicken sandwiches, french fries, onion rings, sodas and milkshakes. As a nod to his Cuban heritage – his mother was born in Havana – he also sells Cuban sandwiches in two sizes: “The Regular” and “The Whopper.”

In his shop, Andy enjoys playing a variety of music over the speaker system. Generally, he plays whatever music he recently bought on his own and downloaded to his iTunes account. Lately, his favorite to play for his customers has been “Night Visions,” an album by the band Imagine Dragons.

Andy receives two letters in the mail. The first is from the Burger King Corporation, demanding that he cease and desist the use of the name of his restaurant and the name of the large Cuban sandwich. The second is from Broadcast Music, Inc., on behalf of Imagine Dragons, advising that he must pay royalty fees to the band or stop playing the music. Both companies write that if action is not taken immediately, they will sue Andy.

What are the basics for each potential lawsuit, what are the legal analysis (including the “elements” of each legal claim) that each plaintiff (Burger King and BMI/Imagine Dragons) could use to make its argument, what defenses could Andy use, and how do you think that each case would be decided in court?

You shall be graded on your complete and proper explanations, research and language usage, all as noted below. The report must be submitted in typed, double-spaced form. A report that does not follow this form will be deducted per the grading rubric. This project is 15% of your overall grade

 

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