Case summary:The company BFB, Inc. manufactures and sells alcoholic beverages. It authorized the company RB as the distributor. The company RB applied for registration of the logo before the NYSLA. The authority rejected the application because the logo was not appropriate to be displayed in grocery stores, where it would be exposed to children. The application was filed before the federal district court for an injunction against the order. The appeal was rejected, hence the appeal was made before the U.S. Court of Appeals for the Second Circuit. The injunction order was passed and the logo registration was allowed to the company BFB.
To Find:The judgment in the case where the offensive label is placed on a toy instead of beer.
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Chapter 4 Solutions
EBK THE LEGAL ENVIRONMENT OF BUSINESS:
- In January 2001 a new york man attended a family birthday party at the Benihana restaurant, where chefs, while cooking at the table routinely throw pieces of food for diners to catch with their mouths.the man wrenched his neck while ducking a piece of flying shrimp,requiring treatment ny several doctors. By that summer doctors determined surgery was necessary to treat numbness in his arm. Five months after surgery, he checked into the hospital with a high fever and died.the family sued Benihana for $10 million in damages, claiming that the fever was the result of surgery which in turn was the result of the chefs actions in throwing food at diners. Do you believe that Benihana should be liable for the man, s death? Why or why notarrow_forward1) A black firefighter alleges that each time he is transferred from one fire station to another, he must take his bed with him, on orders of the fire chief. The fire chief defends on the basis that it is a legitimate decision because white firefighters would not want to sleep in the same bed in which a black firefighter slept. Is this illegal under Title VII? Explain 2) A white college receptionist is fired when it is found that she told a black college applicant that the applications for admissions are distinguished by race by the notation of a small Rh in the corner of black applicants’ applications.”Rh,”she says, is her supervisor’s term for “raisin heads, “which he calls African-Americans. Is this employee entitled to reinstatement? 3) jose and Cesar, both Hispanic, are carpenters employed by a contractor to help build an office building in Maryland. While working, Jose and Cesar discover that they are being paid less than non-Hispanic employees. In addition, they allege a hostile…arrow_forwardHow did the court evaluate the Prewitt v Numismatic Funding Corporation case?arrow_forward
- Why is it important that a defendant be “competent” to stand trial? Should the government be allowed to force a defendant to take medication to make him/her competent to stand trial? What are the rules in your state for determining competency?arrow_forwardThe accidental baker Mamello Morongwe, a certified food technologist was working on a biscuit recipe for her employer, a leading biscuit manufacturer, when she discovered a muffin recipe. The employer expressed no interest in pursuing this segment of the market and gave Mamello the clearance to use the recipe in her private capacity for personal benefit, as part of their employee development program. After utilising this recipe to bake muffins for special events only, which she distributed over weekends, Mamello finally resigned from her job and is now pursuing her business on a full-time basis – her former employer is now a customer and has placed a full-year weekly order for 20 dozens of muffins every Friday. Armed with a business plan and registration documents for her business, Muffin Boffin, Mamello feels ready to take the country by storm. Q.1 . Explain below categories of inventory that are likely to be found at Muffin Boffin. Use practical examples relevant to their…arrow_forwardThe accidental baker Mamello Morongwe, a certified food technologist was working on a biscuit recipe for her employer, a leading biscuit manufacturer, when she discovered a muffin recipe. The employer expressed no interest in pursuing this segment of the market and gave Mamello the clearance to use the recipe in her private capacity for personal benefit, as part of their employee development program. After utilising this recipe to bake muffins for special events only, which she distributed over weekends, Mamello finally resigned from her job and is now pursuing her business on a full-time basis – her former employer is now a customer and has placed a full-year weekly order for 20 dozens of muffins every Friday. Armed with a business plan and registration documents for her business, Muffin Boffin, Mamello feels ready to take the country by storm. ''Despite materials handling being a fairly high-cost element, which does not contribute to the value of the product, this activity cannot…arrow_forward
- The accidental baker Mamello Morongwe, a certified food technologist was working on a biscuit recipe for her employer, a leading biscuit manufacturer, when she discovered a muffin recipe. The employer expressed no interest in pursuing this segment of the market and gave Mamello the clearance to use the recipe in her private capacity for personal benefit, as part of their employee development program. After utilising this recipe to bake muffins for special events only, which she distributed over weekends, Mamello finally resigned from her job and is now pursuing her business on a full-time basis – her former employer is now a customer and has placed a full-year weekly order for 20 dozens of muffins every Friday. Armed with a business plan and registration documents for her business, Muffin Boffin, Mamello feels ready to take the country by storm. “Effective negotiators recognise that very few negotiations are conducted in a purely win-win or win-lose context. Moving towards win-win…arrow_forwardYou have likely heard of the Liebeck v. McDonalds case. Liebeck spilled hot McDonald's coffee in her lap, suffering third degree burns. At trial, evidence showed that her cup of coffee was brewed at 190 degrees, and that, more typically, a restaurant's "hot coffee" is in the range of 140-160 degrees. A jury awarded Liebeck $160,000 in compensatory damages and $2.7 million in punitive damages. The judge reduced the punitive award to $480,000, or three times the compensatory award. Comment on the case, and whether the result was reasonable.arrow_forwarduse IRAC A merchant ordered a shipment of leather overseas. As a result of the pandemic, the owner ofthe vessel who had docked at a port, sold the leather to another person who badly needed thegoods in the area he had docked the ship.With reference to case law, advise the merchant and the owner of the vessel. Would your answerbe different if he was shipping fruits?arrow_forward
- Assume that adulterating Magentum is a strict liability crime and a tort. Which of the following will most likely occur? The government will bring charges against the businesses for the strict liability crime and individuals injured by drinking the adulterated Magentum will bring tort suits. The government will file assault and battery charges against the businesses. The government will bring criminal assault charges against the businesses, push for punitive damages, and sue the business owners for torts. Individuals will press charges against the businesses for attempted manslaughter.arrow_forwardWhat is the Parol Evidence Rule? Please describe one circumstance in which you believe the rule should be followed and why? Please describe a circumstance in which you believe the rule should not be followed and why? Please not, this is business law question. Thank you.arrow_forwardCriminal liability requires both a bad act (actus reus) and a guilty mind (mens rea). Group startsTrue or False True, unselectedFalse, unselectedarrow_forward
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