> Business Law Assignment: 2
> Assignment 2: Using Your Manager Skills
> Please follow instructions and Rubric ++++++++++++++++++++++++
> 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
> 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.
> 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).
> 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.
> Decide whether or not President Howard should refer this chosen matter
> to the company’s outside counsel. Provide a rationale for your
> 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
> 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.