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Business law Assignment

Prepare answers to the following cases from this week’s reading.
• Case 7.3: Dilution of a Trade Mark on page 139
• Case 23.7: Holder in Due Course on pages 390–391
Your responses should be well-rounded and analytical, and should not just provide a conclusion or an opinion without explaining the reason for the choice.
For full credit, you need to use the material from the week’s lectures, text, and/or discussions when responding to the questions. It is important that you incorporate the question into your response (i.e., restate the question in your introduction) and explain the legal principle(s) or concept(s) from the text that underlies your judgment.
For each question you should provide at least one reference in APA format (in-text citations and references as described in detail in the Syllabus). Each answer should be double spaced in 12-point font, and your response to each question should be between 300 and 1,000 words in length.

 

• Case 7.3: Dilution of a Trade Mark on page 139
CASE 7.3 Dilution of a Trademark: V Secret Catalogue, Inc. and Victoria’s Secret Stores, Inc. v. Moseley 605 F.3d 382, Web 2010 U.S. App. Lexis 10150 (2010) United States Court of Appeals for the Sixth Circuit “The phrase ‘likely to cause dilution’ used in the new statute significantly changes the meaning of the law from ‘causes actual harm’ under the preexisting law.” —Merritt, Circuit Judge Facts Victoria’s Secret is a successful worldwide retailer of women’s lingerie, clothing, and beauty products that owns the famous trademark “Victoria’s Secret.” A small store in Elizabethtown, Kentucky, owned and operated by Victor and Cathy Moseley, used the business names “Victor’s Secret” and “Victor’s Little Secret.” The store sold adult videos, novelties, sex toys, and racy lingerie. Victoria’s Secret sued the Moseleys, alleging a violation of the Federal Trademark Dilution Act of 1995. The case eventually was decided by the U.S. Supreme Court in favor of the Moseleys, when the Court found that there was no showing of actual dilution by the junior marks, as required by the statute. Congress overturned the Supreme Court’s decision by enacting the Trademark Dilution Revision Act of 2006, which requires the easier showing of a likelihood of dilution by the senior mark. On remand, the U.S. District Court applied the new likelihood of confusion test, found a presumption of tarnishment of the Victoria’s Secret mark that the Moseleys failed to rebut, and held against the Moseleys. The Moseleys appealed to the U.S. Court of Appeals. Issue Is there tarnishment of the Victoria’s Secret senior mark by the Moseleys’ use of the junior marks Victor’s Secret and Victor’s Little Secret? Language of the Court The phrase “likely to cause dilution” used in the new statute significantly changes the meaning of the law from “causes actual harm” under the preexisting law. The burden of proof problem should now be interpreted to create a kind of rebuttable presumption, or at least a very strong inference, that a new mark used to sell sex-related products is likely to tarnish a famous mark if there is a clear semantic association between the two. In the present case, the Moseleys have had two opportunities in the District Court to offer evidence that there is no real probability of tarnishment and have not done so. Without evidence to the contrary or a persuasive defensive theory that rebuts the presumption, the defendants have given us no basis to reverse the judgment of the District Court. Decision The U.S. Court of Appeals affirmed the U.S. District Court’s judgment in favor of Victoria’s Secret.

 

• Case 23.7: Holder in Due Course on pages 390–391
23.7 Holder in Due Course Royal Insurance Company Ltd. (Royal) issued a draft in the amount of $12,000 payable through the Morgan Guaranty Trust Company (Morgan Guaranty). The draft was made payable to Gary E. Terrell in settlement of a claim in an insurance policy for fire damage to premises located in Kansas City, Missouri. Subsequently, the attorney for Mr. and Mrs. Louis Wexler notified Royal that Terrell’s clients had an insurable interest in the damaged property. As a result, Royal immediately stopped payment on the draft. On the same day, the draft was indorsed by Gary E. Terrell and deposited in his account at the UAW-CIO Local #31 Federal Credit Union (Credit Union). Over the next two days, Terrell withdrew $9,000 from this account. Immediately upon receiving the draft, Credit Union indorsed it and forwarded it to Morgan Guaranty for payment. The draft was returned to Credit Union with the notation “Payment Stopped.” When Royal refused to pay Credit Union the amount of the draft, Credit Union sued. The basis of the lawsuit was whether Credit Union was a holder in due course. Who wins? UAW-CIO Local #31 Federal Credit Union v. Royal Insurance Company, Ltd., 594 S.W.2d 276, Web 1980 Mo. Lexis 446 (Supreme Court of Missouri)

Assignment 1 Week 2

Scenario: You are a recent MPA graduate working in an organization that has had a lot of baby boomers retires. There are still a few baby boomers working along with many Generation X employees. Millennials are about one third of the organization’s employees. The millennials are very diverse racially and ethnically. There have been many generational and cultural misunderstandings and complaints. The complaints include millennials supervising older employees and older employees supervising millennials. All the generational groups complain that they don’t understand the other groups. You have been asked by the top executives to do a 3-5 page single-spaced report on how to create more effective cross-cultural teams. Once one is a supervisor or manager, he or she is managing teams. Effective teams are the key to effective organizations.

Summary: Summarize the cultural characteristics and include some of the characteristics of millennials (from the first week assignment). Focus on the behaviors and beliefs that hold some employees back in their careers. Bridging those cultural differences is key to developing employees and employees being seen as leadership material.

Analysis: Define the 5 foundation cultural competencies and give a concrete example of how each applies to racial/ethnic, gender, and millennials. Briefly discuss how these foundation cultural competencies will create better relationships among the employees. The foundation cultural competencies are used to develop professional relationships with other managers in the middle management ranks. At the executive level, the relationships are with other organizations and community and political groups.

Recommendations: describe 3 to 5 organizational changes that you would recommend to the top executives of your organization to create more effective cross-cultural and cross-generational teams using the five foundation cultural competencies. Develop a brief implementation plan for your recommendations.

Religious Service assignment: Observe a Jewish religious service and write a one-page impression paper. If you are in Knoxville, you can attend services at Heska Amuna or Temple Beth El. Before you go, please make sure to read this website: http://www.chabad.org/generic_cdo/aid/365929/jewish/Synagogue.htm (Links to an external site.)Links to an external site. and watch this youtube video:
https://www.youtube.com/watch?v=9Z_gyc7yG_c (Links to an external site.)Links to an external site.

Completion of this assignment will depend on which service and what type of synagogue you choose to attend. It may also depend on your proximity to a synagogue.

5–7 slides with speaker notes of 200–250 words per slide (excluding Title and Reference slides)
Employee morale is an essential component of a high-performing organization. Employees who are not happy with the work environment become, at

best, distracted and, at worst, destructive to productivity.

Prepare a PowerPoint presentation that addresses the following elements surrounding employee morale and its effects on the workplace:

Describe situations and organizational variables that impact employee morale.
Explain, using examples, the impact of individual perception on morale.
Discuss how employee empowerment and decision-making autonomy impact morale.
Develop recommendations for initiative that organizations can implement to positively affect employee morale.

We’re going to use the statistical software, Statistical Package for the Social Sciences or SPSS, to work with data in this class. It analyzes

data on a spreadsheet. The data must be entered on the spreadsheet correctly for the analyses to be correct.

Follow the instructions from the lecture for creating a data file in SPSS. When you look at your data in “Data View” the data go in vertical

columns. So the top of each column is labeled with the variable name. Research participants are listed or implied in the first column. Once all

the variables have been entered in the columns, the data from each research participant appear in that participant’s corresponding row when data

on each variable are collected from all participants, as it is in our case.

When you are setting up the data file, create 25 cases (n=25, with 5 responses for each respondent to your survey). In the next assignment you

will be entering the data for these 25 cases.

Create a column for each variable in your survey and put the name of each variable in Row 1 of the spreadsheet. For example, if you asked a

person’s age, you could call that variable age. For others, you might have to create a summary label, say “Angst 1” for anxiety item #1.

Below the spreadsheet, list at least 3 variables, identify what level of data the variables are (e.g., nominal, ordinal, etc.), identify the

ranges of scores or values for those 3 variables (e.g., age 21 thru 88), then name 3 groups to which you would reduce each of the three

variables.

Save and attach your SPSS data file, .sav file or copy and paste it into a word document and attach it to your discussion thread. Post a comment

or question concerning your experience with this introduction to SPSS. In addition, comment on at least two of your peers’ posts and respond to

what is written about your post.

Please read (Page 290-301) on the book of (The Norton Introduction to Literature Kelly J. Mays), read the following question and respond on a attach file. respond with your own personal opinion of what Toni Ali actually said about the question. I prefer you agree with what he said about the question. please make sure its only 200 to 240 words and its a personal respond paper. This is the only source your allow to use (The Norton Introduction to Literature KellyJ. Mays 12th Edition)

Word limit: 1000 words per answer (500 each for A and B)
You should not research any data for this assignment. You should rely on the information in the scenario and make reasonable assumptions (articulate your assumptions). You should review and use materials covered in class and are advised to undertake some research into distribution and retail theory by deepening and broadening your knowledge of distribution and retail beyond that covered in lectures.

Question 1

‘Youthful’ is an upscale cosmetic positioned at the very top of the market. The company produces only one skin care product targeted at affluent middle aged women. The product is positioned around an especially powerful ingredient that is said to have an almost magic effect on preventing and in some cases improving wrinkles, improving skin texture and lessening blemishes. Available in 3 sizes Youthful is distributed in a limited number of department stores in the world’s major cities. In London for example it is only available at Harvey Nichols, Harrods and Selfridges. The large tub (75ml) retails at £300 with the medium tub (45ml) at £200 and the small tub (20ml) retailing at £100.

Youthful does not advertise but encourages inclusion of the product in product trials conducted by glossy magazines that are relevant to the target market. Mostly Youthful relies on word of mouth with a bit of spontaneous celebrity endorsement from users. Sales attendants in the department stores are trained to recognise visitors to the counter who have the potential to become users of the product to give them a sample to try.

The company is eager to expand their market and sales while preserving the Youthful brand. They have decided to develop a new range of products utilising the magic ingredient somewhat diluted but still effective. The new range of products is not to carry the Youthful brand name. It is to be named ‘ONE’. The positioning is to be based on excellence of the product in encouraging a clear skin and preventing lines and the signs of ageing. The range of products is to remain simple, a cleanser (in face wash form) for all skins, tonic for 3 skin types and moisturiser for all skins. Cleanser and tonic in 200ml plastic bottles to retail at £25 with the moisturiser in a 40 ml tub £40. ONE is to be targeted at image conscious men and women aged 25 – 40.

You have been retained as channel strategy consultant to the company.
a) What are the alternatives for distributing ONE? (50%)
b) Which strategy do you recommend? Explain your answer. (50%)

Make any reasonable assumptions necessary. Articulate you assumptions

Question 2
Recommend the retail mix for a start up retailer of men’s clothing targeted at men aged 40+ of the A and B social grades. The main competitors are department stores and specialty stores including bespoke tailors (made to measure). The business intends to sell goods and will not make suits for individuals.

Make reasonable assumptions where necessary and make these assumptions clear.

 

Education

Write a three paragraph essay on (1) your beliefs about grading, (2) why you believe your views are educationally sound and (3) how this will impact your teaching. Respond to the postings of three other students in which you address the following question: Have they made a cogent argument for their beliefs about grading?

Chapter 1 – The Rise of Globalization

Globalization is not a new phenomenon. Select your favorite product made from a global organization. Provide a brief description of the product and the organization that develops the product.

Answer the following questions:

What are the advantages and disadvantages of the product sold internationally?
What would be the advantages and disadvantages if the product were sold solely in the United States?
Has your definition of globalization changed from before reading chapter one and answering these questions of a favorite product, or is your definition the same? Please explain.

Note: Be sure to relate your post to Chapter 1 of the e-Text and other credible source(s) with proper APA in-text citations and references. Failure to properly cite sources will result in a grade of zero.

It is expected that you make a MINIMUM of THREE DETAILED (at least three to four paragraphs) posts by the end of the week.

DESCRIPTION OF DETAILED POSTS ON DISCUSSION BOARD

In answering the question(s) posted to discussion board, students are expected to give a detailed (AT LEAST three to four paragraphs) SINGLE SPACED-ONE FULL-PAGED POST to answer the question.
With respect to comments on your classmates’ posts, you are expected to make at least TWO (three paragraphs, single spaced, about half of a page) POSTS–RESPONDING TO YOUR CLASSMATES’ POSTS.
Please use blackboard discussion rubrics as a guide to provide the required contents in your answer/analysis.

https://myessaydoc.com/2018/01/12/the-rise-of-globalization/

Your assignment, Chapter 1 Interactive Quiz, is ready.

Please Note

This will be your 1st and final take of this assignment. A “take” starts when you click the Start button below, and ends when you submit the assignment for grading. After you submit this assignment for grading, you will not be able to take it again.
You will have 1 hour to take this assignment after you click the “Start Assignment Now” button.
If your computer loses its connection to the server during this take, you will be able to resume if you return to the assignment within a few minutes.

Throughout the “long” nineteenth century – roughly, from the French Revolution through the beginning of World War I, artists engaged

intimately with developments in politics, religion, industry, race and gender relations, and popular culture.
Write a three (3) paragraph minimum response addressing the following questions then reply to two classmate’s postings in one paragraph

responses.(reaction or what you agree with and so on.)
• Which artists and works of art – or entire styles/movements – best exemplify this trend of social commentary and/or documentation?
• How was art “used” to illuminate or, in some cases, criticize certain aspects of contemporary life?
• Did different preoccupations come with different eras?
• Were certain styles or genres more amenable to such an enterprise?
Here are some supplementary readings/resources that could help you answering the questions above.
• http://www.arthistoryunstuffed.com/artistic-revolution-france/ (Art & French Revolution)
• http://www.arthistoryunstuffed.com/enlightenment/ (Art & Enlightenment)
• https://www.khanacademy.org/humanities/becoming-modern/avant-garde-france/realism/a/a-beginners-guide-to-realism (Realism)
• http://www.metmuseum.org/toah/hd/imml/hd_imml.htm (Impressionism: Art & Modernity)
• http://www.metmuseum.org/toah/hd/edph/hd_edph.htm (Early Documentary Photography)
• http://www.metmuseum.org/toah/hd/arso/hd_arso.htm (Art & Society in the New American Republic)
• http://www.archives.gov/education/lessons/brady-photos/ (Matthew Brady’s Civil War)
• http://www.metmuseum.org/toah/hd/ashc/hd_ashc.htm (Ashcan School/Social Realism)
• http://www.moma.org/learn/moma_learning/themes/dada (Dada and WWI)