Law School

Law School

Question 1

Issue

The main issue, in this case, is a conflict between Recreation & Relaxation Corporation and Recoveryandrehabilitation.com Company regarding the ownership of a trademark. However, the brand under dispute is “R&R.” Investigations reveal that the former has been using the name for the past ten years. Besides, they later began using a similar name recently.

Rules

The law of property allows the Recreation & Relaxation entity to obtain a court order to stop another firm from using its registered domain name. This is because the corporation has been using its trademark without permission. The company’s Act also prohibits companies from using similar trade names

Analysis

Recovery and rehabilitation firm’s actions will diminish the quality of the logo. Therefore, their efforts might confuse the clients if they are not stopped from using the name. However, to succeed in this case, the owner of the trade name must prove its popularity in the market.

Conclusion

Therefore, the judge may rule in favor of the plaintiff since the defendant infringed on their rights by invading their trademark. As a result, the company can seek compensation for any loss suffered.

Question 2

Issue

The primary matter, in this case, is if Trend Now, Inc. can use the phrase “Looks Great” on their labels. This is even though Style-One Corporation has been the name for the past five years. Now the latter wants to sue the former for trademark infringement.

Rules

The law of property rights prohibits a company from using a trademark belonging to another corporation. In this case, a corporation should do a name search before adopting any trade name.

Analysis

Although Style-One Corporation owns the trademark, the name “Looks Great” is too broad and might be used by any company. As a result, it may not succeed in this case as the court will rule in the defendant’s favor. It is because the name is too broad and no entity can claim its ownership.

Conclusion

In this case, the judge does not have any justifiable reasons for stopping Trend Now, Inc from using the trademark in the dispute. The only remedy for the company is to share the name with their competitor or select a specific name in the future.

Question 3

Issue

There are several cases involving different people, and the court must decide what constitutes a crime. However, most of these matters involve deprivation of possession of property from those who own property.

Rules

The law of property limits people from taking items of other individuals through the use of force. The regulations also prohibit individuals from stealing from others. In this case, it entails taking someone’s property without his or her consent.

Analysis

Babs has wrongfully taken another person’s property with the intention of owning it permanently. Danno use of force to take a smartphone from Easter can be described as robbery with violence. Fritz action of breaking into Ginger’s apartment and carrying a laptop is burglary. Additionally, Hazel act of selling stolen property is a crime because she handles a wristwatch that does not belong to him.

Conclusion

All the above cases are a crime since the intention is to take away the properties of other people. The only difference is that some people use force and threats while others use pretense to take other people’s properties.

Question 4

Issue

The main issue, in this case, is that Cameron uses his position as an accountant to benefit himself. He illegally transfers funds belonging to Data Analytics Company with the intention of paying school fees for his son.

Rules

Therefore, his action constitutes a crime because he uses pretense to obtain money. This can also be described as a fraud because he uses the corporation’s resources for the wrong purpose.

Analysis

Cameron might be prosecuted after appearing in court. This is because he committed a crime by transferring the entity’s resources to another account without the management position.

Conclusion

The court has an option of forcing him to return the transferred amount plus the damages caused to the company. Also, he might be sentenced to serve a jail term depending on the weight of the crime committed.

 

 

  1. Cameron is an accountant in the accounting department of Data Analytics Company. Cameron’s son’s college tuition is due within a week, or he cannot continue taking classes. To meet the due date, Cameron transfers funds from Data Analytics to a fictitious bank account, planning to repay the firm within one month. The transfer is discovered before the firm is re¬paid, and Cameron is arrested. What crime, or crimes, if any, has Cameron committed?

 

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