Name SM450 Test No 2 Welcome To Professor Blanke

Name Sm450 Test No 2welcome To Professor Blanke

Supply a business name that satisfies corporate filing requirements for the American Caber Toss League. Provide a business name that satisfies LLC filing requirements for the Winchester Claymores team. Avery, the primary shareholder and president of the League, hires Cade as the League’s first president. Cade purchases land by the Shenandoah River for himself, reimbursing the League, but Avery is unhappy with this acquisition. Avery seeks advice on how to secure a more suitable practice location. Avery persuades Shenandoah University to start a caber-toss sport, which becomes a national champion team. Betsy protests, raising Title IX concerns about gender equity. Avery considers creating a women’s caber event with a smaller, lighter caber, and Brenna becomes the top female athlete. Betsy complains, questioning if Shenandoah must use the same caber for men’s and women’s teams. Matt, a skilled caber-tosser, becomes a target for a cereal company wanting to feature him on Haggis cereal boxes; Matt sues, and his success depends on copyright and publicity rights. Avery files a trademark application for the League and team, with registration granted in 2021; questions concern the scope of trademark rights at different points in time. Madison, the League’s announcer, becomes a media icon, and the League sues a newspaper for posting footage of her speech, relying on First Amendment defenses. Kavonta’s catchphrase “Sweet Sassy Molassy” is used by a syrup company, leading to potential legal claims. Henry’s tree-juggling routine is posted online, and he seeks to block videos trying to take it down, invoking legal theories related to publicity and copyright. The League’s intellectual property rights can be protected via trademark, copyright, or publicity rights depending on the item; local broadcast rights are protected through licensing agreements.

Paper For Above instruction

The formation and protection of various intellectual property rights are central to sports entertainment and branding, particularly as niche sports like caber tossing gain popularity. From trademarks to copyright to publicity rights, understanding how to safeguard these assets is essential for sports entities, athletes, and affiliated organizations.

Business Name Requirements for the American Caber Toss League and Winchester Claymores

For the American Caber Toss League, the business name must be distinguishable, not deceptively similar to existing entities, and include a corporate designation such as “Incorporated,” “Corporation,” “Inc.,” “Corp.,” or “Limited” (Ltd.). A suitable name might be “United States Caber Toss League, Inc.” or “American Highland Games Association, Inc.” These names clearly indicate their organizational purpose and meet the federal and state filing requirements for corporations.

For the Winchester Claymores team, which is an LLC, the chosen name must include “Limited Liability Company,” “LLC,” or similar designations. An appropriate name might be “Winchester Claymores LLC” or “Virginia Claymores Sports LLC.” These requirements help distinguish LLCs from corporations and sole proprietorships, ensuring legal clarity in registration and public identification.

Legal Advice on Cade’s Land Purchase and Location Management

Avery’s primary concern is that Cade’s purchase of the land for personal use, rather than for the League, may create issues related to agency law and fiduciary duties. Cade, as an agent of the League, had a duty to act in the best interests of the League, including sourcing facilities beneficial to it. Gifted with fiduciary duties, Cade arguably breached these when he used land intended for business purposes for personal gain.

To mitigate this risk, Avery should advise establishing clear contractual agreements delineating land use, requiring approval for property transactions, and implementing oversight mechanisms. Additionally, Avery could consider forming a separate entity or trust to hold real estate assets related to the League, ensuring the League retains control over its facilities without risk of misappropriation.

Gender Equity and Title IX Implications for the Shenandoah University Team

Betsy’s concern about Title IX—the federal statute prohibiting sex discrimination in educational programs receiving federal funding—is valid. Since Shenandoah University’s team is completely male, the institution must ensure equal opportunities for female students. The creation of a women’s caber event is a step toward gender equity, but the question becomes whether the university must provide comparable facilities, equipment, and competitive opportunities on the same terms as the men’s team.

Title IX’s application extends beyond admissions to athletic programs, requiring equal treatment in equipment, coaching, and resources. The introduction of a lighter caber for women could be considered a reasonable accommodation, provided it grants women comparable competitive opportunities without veering into discrimination or giving the men’s team an unfair advantage. Nevertheless, women’s programs must generally be afforded similar quality and scope. Hence, Shenandoah should evaluate whether its policies and resource distributions meet federal standards for gender equity and make adjustments as necessary.

Legal Issues Surrounding Betsy’s Complaint about the Women’s Caber

Betsy’s complaint about the lighter, shorter caber raises questions about equal treatment and gender-based discrimination. The federal entity most likely tasked with addressing such complaints is the U.S. Department of Education’s Office for Civil Rights (OCR), which enforces Title IX. The Department reviews whether athletic programs provide equitable opportunities and resources for male and female athletes.

Regarding the merits of Betsy’s complaint, Shenandoah University likely has some obligation to ensure a fair comparison of the men’s and women’s programs, which includes equipment standards. If the lighter women’s caber is introduced solely to accommodate gender differences, it’s generally acceptable as long as it offers equitable competitive opportunities. However, if the lighter caber effectively disadvantages female athletes or is perceived as stigmatizing, the university must justify its decision based on safety, fairness, or other valid reasons under Title IX.

Likelihood of Success for Matt’s Commercial Likeness Suit

Matt’s probability of success in a suit against McKellog’s relies on the legal doctrines of right of publicity and copyright law. The right of publicity protects an individual’s exclusive right to control the commercial use of their name, image, and likeness. Since Matt’s image is used on cereal boxes without his permission, he has a strong claim under publicity rights.

Furthermore, if the cartoon face of Matt is sufficiently distinctive and recognizable, it could also attract copyright protection as an original work. Thus, Matt’s success depends on whether he can demonstrate that his likeness was used without consent for commercial purposes, infringing his publicity rights, and possibly copyright infringement if the depiction qualifies as a protected work.

Trademark Rights for the League and the Team

The scope of trademark rights begins upon filing an application with the USPTO. In May 2019, the League and team did not yet have registered trademarks, so they only possessed common law rights, which derive from actual use in commerce. These rights are geographically limited but provide a basis for legal action against infringing uses.

By November 2020, after continued use and publicity, the trademarks would have gained broader recognition, and the registration granted in May 2021 provides nationwide rights. From registration onward, the League’s trademark rights are more robust, allowing the enforcement of exclusive use of their marks and preventing others from confusing consumers. By December 2021, these rights are well established nationally, offering broader protection and statutory remedies.

Legal Theory for the League’s Action against YouTube Posting

The League’s best legal footing in contesting the posting of Madison’s speech and game footage is likely under copyright law, asserting that the League owns the rights to the audiovisual recordings. Additionally, the League can invoke the Digital Millennium Copyright Act (DMCA) to issue a takedown notice. The First Amendment defense raised by the Richmond Times complicates matters, but the League can argue that the use infringes its copyright or violates its exclusive rights to distribute or reproduce the recordings.

Legal Bases for Kavonta’s Claims Against the Syrup Company

Kavonta can sue the syrup company for trademark infringement if the use of “SWEET SASSY MOLASSY” causes consumer confusion or dilution of his catchphrase as a mark. Additionally, interference with his publicity rights could be claimed if the use of his catchphrase implies endorsement or association without permission. Both claims rely on the notion that the company’s commercial exploitation of his catchphrase infringes upon his exclusive rights to use it for commercial purposes.

Henry’s Right to Control Videos of His Juggling Routine

Henry’s success in blocking videos depends on whether his performance qualifies as a copyright-protected work and whether the videos violate his publicity rights. Because the videos are reproductions of his act, they are likely protected by copyright as original works. His attempts to block videos that depict him, particularly unauthorized reproductions or derivative works, can succeed under copyright infringement law. His ability to prevent the videos from being posted hinges on demonstrating ownership of the copyright in the performance.

Intellectual Property Rights Protection Strategies

• a. A new caber toss dance: Trademark registration can protect the unique branding but not necessarily the dance itself; a copyright might protect choreographic elements if fixed.
• b. The Claymore logo: Trademark registration affords exclusive rights to use the logo in commerce, preventing others from using confusingly similar marks.
• c. New gloves: Patent protection is appropriate for newly invented gloves with titanium reinforcement, offering exclusive rights to make and sell the invention.
• d. Broadcasts of games: Rights are protected via licensing agreements, digital rights management, or copyright law, depending on the specific context of transmission and reproduction.

Overall, integrating legal protections like trademarks, copyrights, patents, and licensing ensures comprehensive safeguarding of the League’s intellectual property assets.

References

• Bently, L., & Sherman, D. (2014). Intellectual Property Law. Oxford University Press.
• Goldstein, P., & Hummel, P. (2017). Copyright: Cases and Materials. Foundation Press.
• Henneberry, J. (2008). Sports Law. Routledge.
• McCarthy, J. T. (2020). McCarthy on Trademarks and Unfair Competition. Thomson Reuters.
• Nelson, R. M. (2021). Principles of Intellectual Property Law. LexisNexis.
• Porter, L. (2016). Legal Issues in Sports Management. Jones & Bartlett Learning.
• Sherman, D. (2018). Patent Law Fundamentals. West Academic Publishing.
• U.S. Department of Education. (2020). Title IX and Equity in Athletics. federalregister.gov.
• United States Patent and Trademark Office. (2021). Trademark Manual of Examining Procedure. USPTO.
• Zarabei, S. (2019). Protecting Your Intellectual Property Rights. Harvard Business Review.