BCO125 BUSINESS LAW –Final Task & Rubrics Description:
• Individual written task.
• Questions answered in order, numbered and in essay format. No bullet points.
• Answer the following questions in a single document using the information given to you throughout the course and additional research.
• Your answers are to be based on laws in the USA.
• You must research and find the laws or regulations that correspond to the questions that you are answering from the USA.
• Remember to use Harvard citations in the document. Use in-text citations to indicate your sources. Case study Carrie opens a small coffee shop in a small Colorado town and names it “Grounds” with the slogan “Green to Brown we roast it down”. Mark owns a large commercial landscaping business in Los Angeles also named “Grounds” with the slogan “Green or Brown we cut it down”. Mark’s company has been around for six years, while Carrie’s business just opened. Both companies claim trademark to this name, and copyright of their slogans but neither have registered the name or the slogan. One day when Googling his company, Mark discovers Carrie’s business, he immediately writes a letter to her telling her to change her name and slogan, but she never answers his letter. A few weeks later Mark sues her for trademark and copyright infringement in California. 1. Identify what is a Trademark and what legal protection it gives the owner? Cite your source. 2. Identify and analyse what Mark must prove to win a a Trademark infringement case? Cite the law and provide a legal case as an example. 3. Identify and analyse what is the likely legal outcome between Carrie and Mark in a Trademark infringement case? Cite a legal case in support of your
position. 4. Identify what is a copyright and what legal protection it gives the owner? Cite your source. 5. Identify and analyse what Mark must prove to win a copyright violation case? Cite the law and provide a legal case as an example. 6. Identify and analyse what is the likely legal outcome between Carrie and Mark in a copyright infringement case? Cite a legal case in support of your
position.
Formalities:
• Word count: 1000 to 1500
• PDF Format
• Cover page, Table of Contents, References and Appendix are excluded of the total word count.
• Font: Arial 11 pts.
• Text alignment: Justified.
• You are encouraged to quote laws, regulations, relevant publications, such as academic journals and books, case studies or business reports to
support your arguments.
• To find relevant publications, you may browse through EBSCO (link is on Moodle) and/or Google Scholar, where you will find access to many publications.
• The in-text References and the Bibliography must be in Harvard’s citation style.
Submission: Week 13 – Via Moodle (Turnitin). Submission is due Week 13, 9 May 2021 before 23:59 (Barcelona’s time).
Weight: This task is a 40% of your total grade for this subject.
Outcomes: This task assesses the following learning outcomes: • Understand the role of intellectual property. • Identify different issues and laws applicable to trademark and copyright infringement. • Examine the different legal approaches used to protect trademark and copyright rights.
Rubrics
Exceptional 90-100
Good 80-89
Fair 70-79
Marginal fail 60-69
Identification of main
Issues/Problems
25%
Identifies and demonstrates a sophisticated understanding of the main issues / problems in the case study
Identifies and demonstrates an accomplished understanding of most of the issues/problems.
Identifies and demonstrates acceptable understanding of some of the issues/problems in the case study
Does not identify or demonstrate an acceptable understanding of the issues/problems in the case study
Analysis and Evaluation of
Issues / Problems
25%
Presents an insightful and thorough analysis of all identified issues/problems
Presents a thorough analysis of most of the issues identified.
Presents a superficial analysis of some of the identified issues.
Presents an incomplete analysis of the identified issues.
Development of Ideas
and Opinions
25%
Supports diagnosis and opinions with strong arguments and well- documented evidence; presents a balanced and critical view; interpretation is both reasonable and objective.
Supports diagnosis and opinions with limited reasoning and evidence; presents a somewhat one-sided argument; demonstrates little engagement with ideas presented
Little action suggested and/or inappropriate solutions proposed to the issues in the case study.
No action suggested and/or inappropriate solutions proposed to the issues in the case study
Link to Legal Theories and
Additional Research
25%
Makes appropriate and powerful connections between identified issues/problems and strategic concepts studied in the course readings and lectures; supplements legal cases with relevant and thoughtful research and cites all sources of information
Makes appropriate but somewhat vague connections between identified issues/problems and concepts studied in readings and lectures; demonstrates limited command of the analytical tools studied; supplements legal cases with limited research.
Makes inappropriate or little connection between issues identified and the concepts studied in the readings; supplements case study, if at all, with incomplete research and documentation.
Makes no connection between issues identified and the concepts studied in the readings; supplements case study, if at all, with incomplete research and documentation.