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
> an environmental hazard that is seeping from a local landfill into a
> stream. An environmental group, SafePack Materials Pollute, has sprung
> and launched an Internet campaign geared toward compelling fruit
> to stop purchasing your packing materials. The situation at hand raises
> environmental issues that relate to the Clean Water Act and the Solid
> 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
> “SafePack”. The letter asserts that a) Safe Choices uses the SafePack
> to market an emergency weather kit in the form of a backpack; and that
> Safe Choices had received a federal registration for the mark from the
> Patent and Trademark Office in 2002. This backpack is sold both online
> 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
> source of the goods”. The intellectual property issue at hand involves
> 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
> 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
> 3. Decide whether or not President Howard should refer this chosen
> matter to the company’s outside counsel. Provide a rationale for your
> 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,
> such Websites as Free Dictionary do not qualify as academic resources,
> whereas your textbook does. Use the Strayer Learning Resource Center
> 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
> 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