Business Law Assignment 3-4 Page Paper

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Business Law

Assignment: Using Your Manager Skills

Note: The companies mentioned herein are merely hypothetical
organizations with characteristics developed to enable students to respond to
the assignment. You may create and / or make all necessary assumptions needed
for the completion of this assignment.

In this assignment, you, in the role of a risk
manager at Simply Green Products, will draft a document that is commonly used
in the business world—a memorandum to your boss.

Simply Green Products is a $10 million company
that produces biodegradable packing materials that orchards use in the
Shenandoah Valley to transport their apples, peaches, and pears nationwide. Biodegradable
materials are more eco-friendly because they break down into the environment.
Such packing materials are marketed under the name “SafePack,” which is heavily
advertised in trade journals. Simply Green Products have had the name
“SafePack” imprinted on all of their packing material since 2008; however, they
never filed for either state or federal trademark protection. With the movement
toward more eco-friendly agricultural production, the fact that such packing
materials are biodegradable provides a primary marketing advantage over
non-biodegradable competitors.

The company president, Shep Howard, has
recently become aware of several issues that may require referral to the
company’s outside counsel. Because you serve as the company’s risk manager,
Howard has asked you to leverage your legal and managerial skills to draft a
memorandum that addresses one (1) of the two (2) situations described below:

  • An environmental group
    is asserting that SafePack materials are not biodegradable. In fact, the group
    claims that these materials are causing an environmental hazard that is seeping
    from a local landfill into a nearby stream. An environmental group, SafePack
    Materials Pollute, has sprung up and launched an Internet campaign geared
    toward compelling fruit producers to stop purchasing your packing materials.
    The situation at hand raises environmental issues that relate to the Clean
    Water Act and the Solid Waste Disposal Act.

  • A company called Safe
    Choices, Inc. has accused Simply Green Products of trademark infringement, and
    has sent a cease and desist letter to President Howard, demanding that Simply
    Green Products stop using the name “SafePack”. The letter asserts that a) Safe
    Choices uses the SafePack name to market an emergency weather kit in the form
    of a backpack; and that b) Safe Choices had received a federal registration for
    the mark from the Patent and Trademark Office in 2002. This backpack is sold
    both online at safepack.com and in sporting goods stores nationwide. The letter
    goes on to suggest that Simply Green Product’s use of this name “constitutes a
    false designation of origin which is likely to confuse customers as to the
    source of the goods”. The intellectual property issue at hand involves the
    Lanham Act.

For one (1) of the two (2) situations
set out above, write a three to four (3-4) page memorandum to President Howard.
Ensure that you address each of the questions below within your memo so that
President Howard may assess whether or not Simply Green Products needs to hire
outside counsel to address the matter at hand.

  1. Discuss the elements
    that must be present in order for one to prove a valid claim under the law(s)
    specified (i.e., the Clean Water Act, the Solid Waste Disposal Act, or the
    Lanham Act).

  2. Determine whether or
    not the activity of Simply Green Products amounts to a violation of the
    applicable law (i.e., the Clean Water Act, the Solid Waste Disposal Act, or the
    Lanham Act). If you chose the environmental issue, determine whether or not
    seepage from your products into a stream would violate the Clean Water Act, the
    Solid Waste Disposal Act, or both. Explain your rationale. If you chose the
    intellectual property matter, determine whether or not continued use of the
    SafePack name by your company would violate the Lanham Act. Explain your
    rationale.

  3. Decide whether or not
    President Howard should refer this chosen matter to the company’s outside
    counsel. Provide a rationale for your decision.

  4. Use at least three (3)
    high-quality academic references. As the cases discussed within the assignment
    are hypothetical, you will not find any solutions to them on the Internet.
    Further, note that Wikipedia, blogs, and such Websites as Free Dictionary do
    not qualify as academic resources, whereas your textbook does. Use the Strayer
    Learning Resource Center (LRC) to locate high-quality academic references.

Your assignment must follow these formatting
requirements:

  • Include a cover page
    containing the title of the assignment, your name, the professor’s name, the
    course title, and the date.

  • Draft this in the form
    of a letter that is typed, double-spaced, and uses Times New Roman font (size
    12) with one-inch margins on all sides.

  • Include your citations
    in the body of your letter and include your list of references at the end. All
    citations must follow the APA.

  • Be sure to follow all
    additional instructions provided by your professor.

The specific course learning outcomes
associated with this assignment are:

  • Describe the legal
    environment of business, the sources of American law, and the basis of authority
    for government to regulate business.

  • Use technology and
    information resources to research issues in business law.

  • Write clearly and
    concisely about business law using proper writing mechanics.

Grading for this assignment will be based on
answer quality, logic / organization of the paper, and language and writing
skills, using the following rubric found here.

Assignment:Using Your
Manager Skills

Criteria

Unacceptable

Below 60% F

Meets Minimum Expectations

60-69% D

Fair

70-79% C

Proficient

80-89% B

Exemplary

90-100% A

1.Discuss
the elements that must be present in order for one to prove a valid claim
under the law(s) specified (i.e., the Clean Water Act, the Solid Waste
Disposal Act, or the Lanham Act).

Weight:
25%

Did
not submit or incompletely discussedthe elements
that must be present in order for one to prove a valid claim under the law(s)
specified.

Insufficiently
discussedthe elements that must be present in order for one to
prove a valid claim under the law(s) specified.

Partially
discussedthe elements that must be present in order for one to
prove a valid claim under the law(s) specified.

Satisfactorily
discussedthe elements that must be present in order for one to
prove a valid claim under the law(s) specified.

Thoroughly
discussedthe elements that must be present in order for one to
prove a valid claim under the law(s) specified.

2.Determine
whether or not the activity of Simply Green Products amounts to a violation
of the applicable law (i.e., the Clean Water Act, the Solid Waste Disposal
Act, or the Lanham Act).If you chosethe
environmental issue, determine whether or not seepage from your products into
a stream would violate the Clean Water Act, the Solid Waste Disposal Act, or
both. Explain your rationale. If you chose the intellectual property matter,
determine whether or not continued use of the SafePack name by your company
would violate the Lanham Act. Explain your rationale.

Weight:
25%

Did
not submit or incompletely determinedwhether or not
the activity of Simply Green Products amounts to a violation of the
applicable law. Did not submit or incompletely determined whether or not
seepage from your products into a stream would violate the Clean Water Act,
the Solid Waste Disposal Act, or both if you chose the environmental issue.
Did not submit or incompletely explained your rationale. Did not submit or
incompletely determined whether or not continued use of the SafePack name by
your company would violate the Lanham Act, if you chose the intellectual
property matter. Did not submit or incompletely explained your rationale.

Insufficiently
determinedwhether or not the activity of Simply Green Products
amounts to a violation of the applicable law.Insufficientlydetermined
whether or not seepage from your products into a stream would violate the
Clean Water Act, the Solid Waste Disposal Act, or both, if you chose the
environmental issue.Insufficientlyexplained
your rationale.Insufficientlydetermined
whether or not continued use of the SafePack name by your company would violate
the Lanham Act, if you chose the intellectual property matter.Insufficientlyexplained
your rationale.

Partially
determinedwhether or not the activity of Simply Green Products
amounts to a violation of the applicable law.Partiallydetermined
whether or not seepage from your products into a stream would violate the
Clean Water Act, the Solid Waste Disposal Act, or both, if you chose the
environmental issue.Partiallyexplained
your rationale.Partiallydetermined
whether or not continued use of the SafePack name by your company would
violate the Lanham Act, if you chose the intellectual property matter.Partiallyexplained
your rationale.

Satisfactorily
determinedwhether or not the activity of Simply Green Products
amounts to a violation of the applicable law.Satisfactorilydetermined
whether or not seepage from your products into a stream would violate the
Clean Water Act, the Solid Waste Disposal Act, or both, if you chose the
environmental issue.Satisfactorilyexplained
your rationale.Satisfactorilydetermined
whether or not continued use of the SafePack name by your company would
violate the Lanham Act, if you chose the intellectual property matter.Satisfactorilyexplained
your rationale.

Thoroughly
determinedwhether or not the activity of Simply Green Products
amounts to a violation of the applicable law.Thoroughlydetermined
whether or not seepage from your products into a stream would violate the
Clean Water Act, the Solid Waste Disposal Act, or both, if you chose the
environmental issue.Thoroughlyexplained
your rationale.Thoroughlydetermined
whether or not continued use of the SafePack name by your company would
violate the Lanham Act, if you chose the intellectual property matter.Thoroughlyexplained
your rationale.

3.Decide
whether or not President Howard should refer this chosen matter to the
company’s outside counsel. Provide a rationale for your decision.

Weight:
25%

Did
not submit or incompletely decidedwhether or not
President Howard should refer this chosen matter to the company’s outside
counsel. Did not submit or incompletely provided a rationale for your
rationale.

Insufficiently
decidedwhether or not President Howard should refer this chosen
matter to the company’s outside counsel.Insufficientlyprovided
a rationale for your rationale.

Partially
decidedwhether or not President Howard should refer this chosen
matter to the company’s outside counsel.Partiallyprovided
a rationale for your rationale.

Satisfactorily
decidedwhether or not President Howard should refer this chosen
matter to the company’s outside counsel.Satisfactorilyprovided
a rationale for your rationale.

Thoroughly
decidedwhether or not President Howard should refer this chosen
matter to the company’s outside counsel.Thoroughlyprovided
a rationale for your rationale.

4.
3 references

Weight:
10%

No
references provided

Does
not meet the required number of references; all references poor quality
choices.

Does
not meet the required number of references; some references poor quality
choices.

Meets
number of required references; all references high quality choices.

Exceeds
number of required references; all references high quality choices.

5.
Clarity, writing mechanics, and formatting requirements

Weight:
15%

More
than 8 errors present

7-8
errors present

5-6
errors present

3-4
errors present

0-2
errors present

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