Intellectual Property Romag Fasteners Inc v Fossil Inc Case

• Write a 2–page executive briefing of a selected U.S. federal or U.S. state court case pertaining to the topic of intellectual property.
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  Context

  WHY INTELLECTUAL PROPERTY MATTERS

  Intellectual property rights issues are a growing concern in the global marketplace. Differing cultural interpretations of the concept of intellectual property have caused conflict between organizations in different nations. There is an increase in international litigation concerning intellectual property rights infringement. Primarily, lawsuits are being brought by multinational corporations based in the United States and Western European nations against organizations in developing nations such as China, India, and Vietnam. Indeed, violations of intellectual property rights have become a critical and debilitating sticking point between Washington and Beijing. In the U.S., intellectual property rights protect the economic and intellectual investment that entrepreneurs make in a product or service, and without these protections the marketplace would grind to a halt.

• The copying of Microsoft software in China is the most egregious example of infringement upon intellectual property rights, but the problem goes far beyond that. From those who copy the latest hit CDs to manufacturers producing fake Louis Vuitton handbags, and even the nearly identical creation of automobiles copied from General Motors cars in China, one thing is certain: each example inextricably leads to an important conversation about what rights are important, how they should be protected in an international context, and what powers governments should have to enforce intellectual property rights.

where intellectual property is considered

• The focus of this assessment is necessarily upon the United States, where intellectual property is considered a cornerstone of the business environment. The federal government and state and federal courts have crafted a vast array of resources and protections for entrepreneurs regarding their ideas, products, and services. The proliferation of small businesses and the dominance of Silicon Valley in the high-tech field are all testament to the protections that have been afforded businesspeople who are seeking to create new ideas or to further innovative technologies. It is also important to consider the ramifications for businesses that seek to do business overseas, where intellectual property rights may not be as strong or as stringently enforced as they are in more developed nations.
• Read the Assessment 3 Context document for important information related to the following additional topics:
  • Employment-at-Will in the United States.
  • Combating Employment Discrimination.
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  Questions to Consider

  To deepen your understanding, you are encouraged to consider the questions below and discuss them with a fellow learner, a work associate, an interested friend, or a member of the business community.

  • Should the law allow debtors to avoid payment of their debts if those debts cause the debtors to lose their homes or suffer other extreme hardships?
  • will a business be able to erase its obligations to workers if those obligations would cause the business to be unable to pay dividends to its shareholders?
  • how Should a student ever be able to obtain forgiveness of her obligation to pay tuition?
  • Should a parent ever be able to obtain forgiveness of his obligation to pay child support?
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  Resources

  SUGGESTED RESOURCES

  • Analyzing a Case Law | Transcript.
    • Throughout this course, you will be required to submit case law analysis papers. This multimedia presentation points out key areas of a case law. Use this presentation to help you complete your case analyses. Refer to this media as often as you need to.
  • Business Law Foundational Concepts | Transcript.
    • This media piece offers interactive flashcards that you can use to learn (or review) foundational terms and concepts in business law. Refer to this study aid often and as needed.
  • Labor Law Timeline.

  Library Resources

  The following e-books, articles, and videos from the University Library are linked directly in this course:

  • DuBoff, L. D. (2004).The law (in plain English) for small business. Naperville, IL: Sphinx Publishing.
  • Grimsley, K. S., & Riewerts, P. K. (2010, July). Does your business have intellectual property to protect? CPA Practice Management Forum, 6(7), 12–15.

  Internet Resources

  Access the following resources by clicking the links provided. Please note that URLs change frequently. Permissions for the following links have been either granted or deemed appropriate for educational use at the time of course publication.

  • Nolo. (2013). Nolo law for all. Retrieved from http://www.nolo.com
    • This resource provides helpful background on a range of legal issues. You may find the Free Legal Information section of the site particularly helpful.

  Your assessments throughout this course will be case law analysis papers based on real-world court decisions you will choose and research independently. The following suggested resources provide helpful methods of locating relevant cases: