The role of a risk manager at Simply

> legal 100In 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
> 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.

Share this paper
Open Whatsapp chat
Can we help you?