Lee has just gotten a great new job with Big Corp. a Rhode Island Company in its Young Manager’s Trainee Program. After his new employee orientation, Lee gets called into the Vice-President’s office to help out with a little project.
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The VP says, “Lee we’ve got a problem. We just put our new website on-line to sell our signature widgets and our widget accounting software program. (The widgets are sold in RI, CT, and Florida under the name WODGET®). The young geniuses in marketing came up with a unique webpage design and an interactive website for our clients to browse, buy and sell our unique signature widgets.
The VP goes on to say, “Lee, I’m really worried about how we protect our unique website and the software for our on-line customer database. Please do the following:
1. The President of Big Corp. is a cheapskate and doesn’t want to spend any money to protect his copyright. Advise the President on how he could protect his copyright without the expenditure of cash? Explain to him why his choice may not be the best course of action for the company. (75 points)
FACTS:
The President wants your analysis of a trademark infringement claim that has just been brought to Big Corp.’s attention in a cease and desist letter from Small Co. a Massachusetts Co. The cease and desist letter accurately states that Small Co.’s owns a trademark for GLODGET for computer software design and fabrication.
2. Big Corp wants immediate relief from Small Co’s alleged trademark infringement. Advise the head honchos about the relief that might be available to Big Corp. and how the court would examine Big Corps. claims. (100 points)
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