Assignment 1: Discussion Assignment
The discussion assignment provides a forum for discussing relevant topics for this week based on the course competencies covered. Use the textbook, lectures and scholarly outside sources to support your work. As in all assignments, cite your sources in your work and provide references for the citations in APA format. Post the answers to both parts in one discussion post and do not attach documents.
By Saturday, April 23, 2016, submit your answers to Part 1 and Part 2 to thisDiscussion Area. Start reviewing and responding to your classmates as early in the week as possible. You should review the work and provide substantive feedback of at least two other students by Wednesday, April 27, 2016.
Discussion Question Part 1
Select ONE of the scenarios below.
Scenario 1 – Video Games
You just bought a new gaming system. You are playing the game for the first time with your friend, Ted, who loses almost every game. All of a sudden, Ted grabs the playing device out of your hands, holds it like he is going to hit you, and screams that if he loses one more time, he’s going beat you with the gaming device. As he is throwing the controller at you, a short in the controller causes it to electrify, electrocuting you and Ted and causing a fire in your home. There was significant damage to your home, and you and Ted both suffered physical injuries. You can no longer play video games without having flashbacks.
- What if any torts might Ted have committed? Explain
- Can any tort claims be raised against the gaming system manufacturer? If so, explain.
- What legal defenses might be raised to these claims and what remedies might be sought for the damage and injuries?
Scenario 2 – Soliciting Funds
Tarrance copied his employer’s customer database to a USB drive and then used his personal computer to make phone calls and send emails soliciting funding for a fictional business. Several people donated money using credit cards. Tarrance selected several credit cards to order merchandise from Walmart, Target, Home Depot and Amazon.com.
- What crimes did Tarrance commit?
- Are there any corresponding civil actions?
Discussion Question Part 2
Select one of the intellectual property cases/disputes below or conduct a search for a case using the name of a high profile company using, the name of the company combined with terms such as intellectual property, trademark, copyright or patents. Since some disputes are settled by the parties prior to litigation, you may not find actual cases for all intellectual property issues, but you may find some scholarly articles about the dispute.
Apple, Inc. v. Samsung Electronics Co., Ltd., 2013
Disney Enterprises, Inc. v. Ronica Holdings Limited (Deadmau5) 2014
Gucci America, Inc. v. Guess, 2012
Mattel, Inc. v. MGA Entertainment, Inc., 2011
Nike, Inc. v. Already, LLC, 2011
Oracle America, Inc. v. Google Inc., 2014
Park ‘n Fly, Inc. v. Dollar Park and Fly, Inc, 1985
Pods Enterprises, Inc. v. U-Haul Intern., Inc. 2014
Starbucks Corp. v. Wolfe’s Borough Coffee, Inc., 2009
Wal-Mart Stores v. Samara Brothers, 2000
Wrench LLC v. Taco Bell Corp., 2003
Provide the following information about the case or potential lawsuit.
- Names of parties involved
- Type of intellectual property involved in the dispute (Patent, Trademark, Copyright)
- Summary of the issues that include description of the protected property, description of offense and name of the party that allegedly violated the intellectual property rights of the other.
- Results
- If the case has already been decided, provide information about the outcome and your opinion of the decision.
- If the case has not been decided, provide information about how you think a judge should rule.
ScholarMatic: Explanation & Answer
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