ETH 321T: Ethical and Legal Topics in Business – Entire Course Solution

ETH 321T: Entire Course

ETH 321T Week 1 Discussion – Learn: Applying Law and Constitution to Business

Post a total of 3 substantive responses over 2 separate days for full participation. This includes your initial post and 2 replies to other students.

Due Thursday

Respond to the following in a minimum of 175 words:

• Choose an issue recently covered in the news faced by a business in the United States. Discuss the issue involved. Explain how the law and constitution were applied in the resolution.

Due Monday

Reply to at least 2 of your classmates. Be constructive and professional in your responses.

ETH 321T Week 2 Discussion – Learn: Analyzing Business Structure

Post a total of 3 substantive responses over 2 separate days for full participation. This includes your initial post and 2 replies to other students.

Due Thursday

Respond to the following in a minimum of 175 words:

• Select a business you are familiar with or by conducting a search of the internet. Identify its business structure. Explain the advantages and disadvantages of that designation for the business. Provide examples.

Due Monday

Reply to at least 2 of your classmates. Be constructive and professional in your responses.

ETH 321T Week 3 Discussion – Learn: Applying Business Law

Post a total of 3 substantive responses over 2 separate days for full participation. This includes your initial post and 2 replies to other students.

Due Thursday

Respond to the following in a minimum of 175 words:

• Select a past or current issue in employment law in the United States. Describe the issue. Explain how employment law was applied in the resolution.

Due Monday

Reply to at least 2 of your classmates. Be constructive and professional in your responses.

ETH 321T Week 4 Discussion – Learn: Protecting Intellectual Property

Post a total of 3 substantive responses over 2 separate days for full participation. This includes your initial post and 2 replies to other students.

Due Thursday

Respond to the following in a minimum of 175 words:

• Identify the intellectual property of a company you are familiar with or by an internet search. Explain why protecting their intellectual property is important to the company.

Due Monday

Reply to at least 2 of your classmates. Be constructive and professional in your responses.

Read more on; 17 Best Business Administration Courses Offered at University of Phoenix.

ETH 321T Week 5 Discussion – Learn: International Governance and Global Business

Post a total of 3 substantive responses over 2 separate days for full participation. This includes your initial post and 2 replies to other students.

Due Thursday

Respond to the following in a minimum of 175 words:

• Select a company with an international presence that you are familiar with or by searching the internet. Identify the laws, treaties, acts, and governing bodies (e.g. U.N., WTO, and IMF) that impact their business. Explain the impact these laws, treaties, acts, and governing bodies have on their business. Differentiate it with their business in the United States.

Due Monday

Reply to at least 2 of your classmates. Be constructive and professional in your responses.

ETH 321 Week 1 Apply: Alternative Dispute Resolution (ADR), Ethics and Risk Management Study

The purpose of this assignment is to analyze and select an appropriate method of alternative dispute resolution (ADR) for a business dispute, to examine unethical business behavior, and to develop risk management procedures to avoid or reduce claims and litigation.

Read the following scenario: 

Dazzling Dough Co. sells pizza dough to local pizza restaurants. Most of the restaurants buy at least 150 pounds of pizza dough from Dazzling Dough Co. in each order. Jerry’s Pizza contacted Dazzling Dough Co. to purchase 200 pounds of pizza dough, along with some other items. Dazzling Dough Co. sent Jerry’s Pizza a written contract, prepared by Dazzling Dough Co.’s lawyer, stating that “Jerry’s Pizza agrees to purchase 200 pounds of pizza dough, pizza toppings, desserts and soft drinks for $30,000.” Jerry’s Pizza signed and returned the contract.

A few days later, Dazzling Dough Co. sent Jerry’s Pizza 125 pounds of pizza dough and 75 pounds of pizza toppings, desserts, and soft drinks. Jerry’s Pizza contacted Dazzling Dough Co. about the error in the contract and demanded an extra 75 pounds of pizza dough. Dazzling Dough Co. said there was no error, that Jerry’s Pizza signed the contract so they agreed to the terms, and it was not sending the extra pizza dough.

After several attempts to resolve the dispute and a pressing need for dough, Jerry’s Pizza terminated the contract and sent Dazzling Dough Co. a check for $15,000 for the 125 pounds of pizza dough, pizza toppings, desserts and soft drinks. Jerry’s Pizza immediately purchased 75 pounds of pizza dough from another company for $12,000. Both parties are threatening to sue each other for breach of contract. They prefer to resolve the dispute out of court because the contract contains a clause that awards reimbursement of attorney’s fees to the winning party.

The board of directors of Jerry’s Pizza scheduled a meeting with you and other senior management at the company to discuss the dispute. You’ll need to prepare a strategic plan overview (an abbreviated strategic plan, not a full plan) for the board that explains why there is a dispute, suggests various settlement proposals, and provides recommendations on how Jerry’s Pizza can avoid this kind of dispute in the future.

Prepare a 525- to 875-word strategic plan overview to resolve the legal dispute for the board (use the bullet point headings provided below to format your overview) addressing the following:

• Summary of Dispute
  • Identify the source of the dispute.
  • Identify each party’s interpretation of the contract language.
  • Identify whether each party’s interpretation is reasonable.
  • Identify any missing facts that would be helpful to know in order to resolve the dispute.
• Proposed Revisions to Contract Language
  • Recommend specific revisions to the contract’s language so that it is clear what Jerry’s Pizza expected to buy and what Dazzling Dough Co. is required to deliver.
• Ethical Considerations
  • Explain the ethical considerations for a company to enforce specific terms of a contract against another company if the other company is mistaken about what was agreed to. Discuss the factors that should be considered.
• Recommendations
  • Two to three possible settlement options (e.g., pay for the disputed dough, reduce the amount of dough to be purchased, split the difference, refuse to pay, etc.)
  • Two to three methods of dispute resolution (e.g., negotiation, mediation, arbitration, litigation, etc.) that Jerry’s Pizza can propose to Dazzling Dough Co.

Create a one-page visualization to represent the information you provide in this assignment.

• Use the Table, SmartArt, or Chart visual representation options available in Microsoft® Word by clicking on the Insert tab located on the ribbon at the top of the window. Locate the Word Help function in the version of Microsoft® Word that is installed on your computer for assistance.

Click the Assignment Files tab to submit your assignment.

ETH 321 Week 2 Team Project Plan

Overview

In this course, your team will work together to complete a few assignments. This assignment is designed to help you apply your project management skills to understand the scope of your project and then break the project into goals, tasks, responsibilities, resources, and milestones. The assignment also asks you to discuss and answer some questions that will lay the foundation for developing your project.

Beyond the Standard Charter

You will notice that this charter process goes beyond your standard University of Phoenix Learning Team Charter by helping your team create a project plan for team success by providing you with opportunities to define your deliverables, recognize the connections between the deliverables and other classroom activities, determine your timelines and milestones, identify each team member’s expected contribution, and answer questions that lay the foundation for building your projects.

Putting “I” in “Team”

Important to note is the section for defining learning team expectations related to participation, collaboration, communication, team contributions, assignment deadlines, and other considerations. Please take the time to discuss and document how your team will address each area and any challenges that may arise. It is important to understand that we are “Putting ‘I’ in ‘Team’.” In short, we will recognize and reward individuals according to their contributions to team output, not according to their team membership. This means that individual grades may be different from the team grade depending on each individual’s contribution to each team deliverable.

Completing this Assignment

To complete this assignment, do the following:

• Reviewthe Charter and Project plan.
• Review the weekly learning team deliverables.
• Complete the provided Learning Team Charter and Project Plan, including the following: team member contact information, project by week, Learning Team expectations, and team discussion questions.

Click the Assignment Files tab to submit your assignment.

ETH 321 Week 2 Practice: The Family-Owned Business-It’s Complicated

Read the following scenario.

A family-owned business can have special complications. The line separating family relationships and legal responsibilities can be unclear. It is important for directors, officers, and owners of a family-owned business to be aware of the issues to avoid misunderstandings and unintended liability and to preserve familial relationships.

You are a consultant advising a “mom and pop” grocery store owned by Jeff and Joan, a married couple, and their two adult children, Martha and Henry. The grocery store operates under a subchapter S corporation. Jeff and Joan as a couple own 70% of the corporation’s shares, and Martha and Henry each own 15% of the shares. Jeff, Joan, and Martha are directors of the corporation, and Henry is the corporation’s chief executive officer (CEO).

Create a client memorandum (memo) addressing the following:

• Explain the legal duties that Jeff and Joan, as majority shareholders, have to Henry and Martha as minority shareholders. What are their duties to Henry (an owner) as directors of the corporation?
• Define the types of ethical duties Jeff, Joan, Martha, and Henry have to each other as owners of the company. What about as family members?
• Provide suggested steps the family can take to abide by their legal duties as directors and officers, yet still preserve relationships between family members.

Click on Office Templates and use the following search parameter: memorandum.

Submit your memo in a discussion thread in the classroom. Respond to other students’ posts.

Used with permission from Microsoft®.

ETH 321 Week 2 Apply: Duties of Corporate Directors and Officers

The purpose of this assignment is to explain the legal duties imposed on corporate directors and officers, to determine whether a director or officer has violated his or her legal duties to the corporation, and to evaluate how a violation of such duties may negatively affect the corporation and its shareholders.

Read the following scenario. 

Fitzgerald Foods is a food processing corporation. In the past year, three directors were forced to leave Fitzgerald Foods after it was discovered the directors breached their legal duties to the corporation. Two of the directors were also officers of the corporation. The chairman of the board at Fitzgerald Foods is concerned that the remaining directors don’t understand their legal duties to the corporation and that new directors won’t understand their duties either.

You are the chief executive officer (CEO) of the corporation. The chairman of the board asked you to work with the corporation’s legal counsel to create a company policy document for directors and officers about their legal duties to the corporation.

Develop a 700- to 1,050-word company policy (template provided) for Fitzgerald Foods’ directors and officers completing the following:

• Legal Duties of Directors and Officers (a heading from policy document)
  • Explain the legal duties of directors and officers to the corporation, including the “business judgment rule.”
• Benefits of Compliance (a heading from policy document)
  • Discuss the benefits of compliance for Fitzgerald Foods.
• Consequences of Noncompliance (a heading from policy document)
  • Analyze how unethical activity by a director or officer can lead to a violation of a legal duty owed to the corporation.
  • Provide a brief example from a news article or court case within the last three years that demonstrates corporate director or officer liability in the United States.
• Recommend separately (not a heading on the policy document) to the chairman of the board in 45 to 90 words at least two business risk management procedures that Fitzgerald Foods can adopt in the future to avoid violations of legal duties by its directors and officers.

Use the Fitzgerald Foods Company Policy template as a guide for your policy document.

Search the internet for examples of completed policy documents using the following search parameters: policy document example, policy document template, policy document format, policy document sample, or any variation you choose. An example may assist you to complete your policy document.

Cite a minimum of two references according to APA guidelines.

Clickthe Assignment Files tab to submit your assignment.

ETH 321 Week 3 Apply: Sexual Harassment Education for Managers

The purpose of this assignment is to define sexual harassment in the workplace and its negative effect on employees and the business, to analyze the requirements for a sexual harassment claim, to develop methods that a business can adopt to reduce or eliminate sexual harassment claims and litigation, and to assess liability based on the form of business entity.

Read the following scenario. 

High-profile sexual harassment scandals, such as allegations against Bill Cosby, Harvey Weinstein of the Weinstein Company, and Bill O’Reilly and Roger Aisles of Fox News, are changing the landscape of workplace sexual harassment claims and litigation.

Conduct a roundtable discussion (in person, web conference, or via e-mail, text, etc.) with your Learning Team members regarding sexual harassment as a growing ethical and legal concern for businesses today. Each Learning Team member must be prepared to discuss each topic. Assign a group moderator to keep the discussions on track. Your discussion should last at least 45 minutes to one hour and include the following:

• Define sexual harassment and discuss applicable law (such as the Civil Rights Act of 1964). How does the state law in your state address sexual harassment?
• Discuss a recent sexual harassment claim in the news and whether media coverage is beneficial or detrimental to reporting and reducing sexual harassment claims in the workplace. Should sexual harassment claims be addressed publicly or handled privately?
• Explain the ethical and legal considerations of a business protecting its employees (the accuser, the accused, and other employees in the company) while a workplace sexual harassment investigation is underway. Does your answer change if the allegation is a widely known scandal-making front page news?
• Compare the sexual harassment liability of a business entity that is a sole proprietorship with an entity that is a corporation.
• Recommend risk management procedures a business can implement to avoid or reduce sexual harassment claims from occurring in the workplace.

Summarize your discussions and individual contributions in a 350-word roundtable summary.

Click the Assignment Files tab to submit your assignment.

Note: Grades are awarded based on individual contributions to the Learning Team assignment. Each Learning Team member receives a grade based on his/her contributions to the team assignment. Not all students may receive the same grade for the team assignment.

ETH 321 Week 3 Apply: Signature Assignment—Employment Classification and Discrimination

Instructions:

The purpose of this assignment is to evaluate different types of employment relationships and potential discriminatory employment policies from an ethical standpoint. Read the following scenario. Janice was hired by Dream Massage to be a massage therapist. She is engaged as an independent contractor and, therefore, receives no tax withholding or employment benefits. Dream Massage requires Janice to work a set schedule, provides her with clients and all her massage products, and exercises complete control over how Janice does her work.

In addition, when Janice shows up to work the first day, she is informed by Dream Massage that she cannot wear her hijab as it violates the company’s dress code policy. The owner of Dream Massage comes to you, a human resources (HR) consultant, to find out if Janice is properly classified as an independent contractor and if there is potential liability concerning the hijab.

Create a 700- to 1,050-word HR report for Dream Massage in which you examine the employment issues presented in the scenario. Include the following:

• Analyze whether Janice qualifies as an employee or should be classified as an independent contractor.
• Discuss whether Dream Massage has potentially violated any employment discrimination laws.
• Analyze ethical considerations associated with the maintenance of a rigid company dress policy.

Cite a minimum of three references.

Format your paper consistent with APA guidelines.

Click the Assignment Files tab to submit your assignment.

View answers to; ECO 535 Complete Course.

ETH 321 Week 4 Apply: Internet-Based Contracting Issues

Instructions:

The purpose of this assignment is to analyze internet-based contracting issues, such as online contract formation; to determine the requirements for performance and breach of online contracts; and to develop enforceable methods for dispute resolution.

Read the following scenario.

Great Buys is an internet-based company headquartered in New York that sells household electronics to consumers in the United States. The management team at Great Buys has some concerns about its online contracting process.

• Great Buys isn’t sure it has a binding contract with its customers because the contract is completely online and in electronic format.
• Customers have argued they are not bound to the online contract because there’s no handwritten “pen and ink” signature.
• Great Buys also wants to know if any international laws will apply when the company starts selling its electronic products internationally.
• Great Buys has been sued in different state courts all over the country, and it would like to know if an arbitration clause requiring that arbitration be conducted in New York City will be enforceable.
• Finally, Great Buys wants one or two suggestions for improving its internal business procedures so that customer product complaints don’t turn into contract-related claims or lawsuits. Great Buys’ management team asks you, the company’s contract manager, to work with your team and address their concerns.
• Create a 7- to 10-slide Microsoft PowerPoint presentation that provides answers to all of Great Buys’ concerns above. Your Learning Team can incorporate graphics, animation, or interactive Microsoft PowerPoint features, such as Designer and Morph (some features require a valid Microsoft Office 365 subscription), consistent with the University of Phoenix’s guidelines for use of third-party materials. Your Learning Team should determine how to allocate tasks among team members and submit a single Microsoft PowerPoint presentation (do not submit presentations by individual Learning Team members).

Cite a minimum of two references.

Format your assignment according to APA citation guidelines.

Click the Assignment Files tab to submit your assignment.

ETH 321 Week 4 Apply: Trade Secret Theft Study

Instructions:

The purpose of this assignment is to determine when business assets may constitute intellectual property (IP), to analyze when an IP theft has occurred and possible remedies for IP theft, and to assess the importance of protecting and enforcing IP rights in a business setting.

Read the following scenario.

Futuretek sells high-tech computer chips and software to smartphone manufacturers worldwide. Futuretek maintains two software databases: one containing Futuretek’s customer list with nonpublic contact information for key personnel, and the other containing customer purchasing trends. The information in the two databases is available for employees to view and use in connection with their job duties. Dana is a computer programmer for Futuretek. Dana plans to run her own company one day and design and sell her own computer chips to smartphone companies. As an employee, she has access to the two databases containing Futuretek’s key purchaser and purchasing trends information.

Dana decides to leave Futuretek and start her own computer chip business. Before she leaves, she makes a copy of the two databases on a portable hard drive. Dana uses the information to contact Futuretek’s customers and offer them cheaper, but comparable, computer chips manufactured by Dana’s new company, SmartChip. Futuretek becomes aware of Dana’s actions and asks you, the chief operations officer, for advice and recommendations on what to do. In a 5- to 10-slide Microsoft PowerPoint presentation, complete the following:

• Determine whether Dana has taken Futuretek’s intellectual property (IP), and if so, describe the type(s) of IP that was taken.
• Explain any civil actions in tort or criminal actions that may be brought against Dana or SmartChip.
• AssumeFuturetek sues SmartChip, and Futuretek wins the lawsuit. Recommend ethical policies that SmartChip can put into place to prevent future legal claims and litigation against the company.
• Recommend risk management procedures that Futuretek can implement to avoid or limit this type of activity from happening to the company in the future.

Cite a minimum of two references according to APA guidelines.
Click the Assignment Files tab to submit your assignment.

ETH 321 Week 5 Final Exam

​Civil enforcement powers regarding federal antitrust matters belong to _______.

​the Treasury Department

​the Department of Revenue and Taxation

​the FTC and the Department of Justice

​the Department of Labor

Which of the following is true of tort law?

​It protects people from being tried twice for the same crime.

​Tort law typically deals with breach of contract.

​It provides compensation to those workers who have been injured on the job.

​It sets limits on how people can act and use their resources.

Fred takes Betty to dinner at a very expensive and exclusive restaurant. The menu does not mention prices. The server takes their order and both Betty and Fred enjoy the meal immensely. When the bill comes, Fred refuses to pay because the menu had no prices and because he and the server never engaged in language indicating and offer and acceptance. The server said, “Are you ready to order?” and when Fred said “Yes,” the server merely asked “What may I get you tonight?” Which of the following is true? 

​Fred must pay based on an implied-in-fact contract theory.

​Fred must pay based on a promissory estoppel theory.

​Fred must pay based on expressed contract theory.

​Fred is correct because no contract was formed.

Which of the following statements is true of the WARN Act?

​It requires employers to give notice to an “at will” employee that he/she is being fired.

​It requires employers to give notice to employees that they are being subjected to polygraph tests.

​It requires employers to give notice to employees that an unscheduled drug test will be conducted for all employees.

​It requires employers to give notice of a scheduled mass layoff.

_____________ jurisprudence supports the idea that law can and should change to meet new developments in society. 

​Sociological

​Natural

​Historical

​Positive law

​Which of the following is true of the assumption of risks during delivery of goods? 

​The buyer is responsible for damages to goods when the seller is about to transfer for shipment.

​The seller is liable for any damages incurred to the goods during shipment.

​The buyer is liable for any damages incurred to the goods during shipment.

​The seller is always responsible for shipping the goods to the buyer.

​A 911 emergency response service needs operators who are bilingual in English and Spanish. A few applicants of Spanish origin are rejected due to poor English-speaking skills. They file a complaint on the grounds of discrimination based on nationality. Their complaint is squashed. Here, the defense of the federal government is on the grounds of _______. 

​inculpatory evidence

​circumstantial evidence

​bona fide occupational qualifications

​exclusionary rule

Article 6 of the Treaty on European Union, called the Maastricht Treaty, states the EU is founded on:

​private markets

​rule of law

​specific performance

​stare decisis

Interpreting Congressional intent, which of the following is never a bona fide occupational qualification (BFOQ)?

​Race

​National origin

​Sex

​Religion

Ethical formalists maintain that:

​the good of the many always supersedes the good of the few.

​harm to an individual is allowable as long as it serves a greater good.

​harm to individual rights is never justified by an increase in organizational or common good.

​values are situational and change based on circumstance.

The classification of crime is based on ________.

​punishment imposed if convicted

​prior record

​location

​the judge’s prerogative

Which of the following issues of administrative agencies relates to the substantive outcome of agencies’ rule-making and adjudicating authority? 

​The administrative process is overwhelmed with paperwork and meetings.

​Enforcement of some laws varies over time.

​The reward system usually does not make a significant distinction between excellent, mediocre, and poor performance.

​It is very difficult to discharge unsatisfactory employees.

Which of the following is true of the use of alternative dispute resolution (ADR) techniques?

​Disputing parties can agree to use an ADR technique after the dispute arises.

​ADR techniques are ineffective once the pretrial process has begun.

​Disputing parties cannot use an ADR technique not specified in the original agreement.

​Disputing parties must begin a lawsuit to use any form of ADR.

​The crucial issue with the continuity factor of a business’s organizational form is _______.

​the method by which the business can be dissolved

​profit distribution

​the method of customer service observed

​management style

The ___________ holds that contracts or conspiracies in restraint are illegal only if they constitute undue or unreasonable restraints of trade and that only unreasonable attempts to monopolize are covered by the Sherman Act. 

​rules of per se legality

​Parker v. Brown doctrine

​duty to deal doctrine

​rule of reason

​Interest-based negotiations are superior to position-based negotiations because:

​the difference between the interests of the parties is often large.

​interest-based negotiation requires the presence of a judge or magistrate.

​position-based negotiation is often only concerned with preparing for litigation.

​interest-based negotiations allow room for consideration of non-factual concerns, such as relationships and long-term interests.

The determination that a crime has been committed and that evidence is sufficient to warrant the accused standing trial is known as:

​nolo contendere.

​indictment.

​double jeopardy.

​probable cause.

Which of the following is true under the regulations of interstate commerce?

​Regulation on any activity is appropriate if it aids interstate commerce.

​Activities affecting interstate commerce do not come under the power of the deferral government.

​Intrastate activities affecting interstate commerce can be regulated only by the state governments.

​The states have the exclusive power to commerce that passes that passes across their lines.

​Finishing the construction of a home two days after the contract called for completion (no injury occurs) most likely will be considered _______.  

​significant performance

​substantial performance

​breach of contract

​implied performance

​Frequent, abusive, threatening phone calls by creditors are most likely to provoke the basis for a claim of _____________.

​intentional infliction of emotional distress

​malicious representation

​misrepresentation

​false imprisonment and malicious prosecution

Which of the following is true of a violation of trade secrets’ rights?

​One must misappropriate another’s information.

​Unauthorized use of another’s information constitutes a violation of trade secrets’ rights.

​One must use another’s information without permission.

​Stealing another’s intellectual property violates trade secrets’ rights.

Which of the following states that parties to a written contract may not introduce oral evidence to change written terms? 

​The parol evidence rule

​Concurrent conditions

​Conditions subsequent

​The statute of frauds

In a(n) ___________, the shareholders are taxed only on income distributed.

​sole proprietorship

​corporation

​limited partnership

​limited liability company

​____________ is a court created rule that limits when courts can review administrative decisions. 

​The doctrine of estoppel

​The doctrine of lapse

​The doctrine of exhaustion of remedies

​The doctrine of primary jurisdiction

​An employee at-will can be fired for which of the following?

​Making public statements about the hazardous working conditions in a company.

​Making public the fact that the employer was cheating the government on a defense contract.

​Taking time off from work to care for a dependent without informing the employer.

​Taking time off from work to serve on jury duty after the boss asked the employee to request a waiver.

The ideas and philosophies that explain the origin of law and its justification are called:

​jurisprudence

​stare decisis

​torts

​rule of law

​Federal law and business leaders alike favor ____________ as a means of governing private business ethics.

​establishment of federal regulators in all private companies to establish and enforce ethical standards

​self-regulation by companies

​giving the federal government exclusive jurisdiction regarding ethics and ethics violation enforcement

​creating uniform statutes of business ethics

​Which of the following is true in cases where only one party drafts the contracts that contain terms that appear vague and ambiguous to the other party? 

​The court will interpret the ambiguous and vague terms against the party that drafts them.

​The court will declare the drafting party’s behavior as a tort due to intentional ambiguity of terms.

​The court will interpret the terms as they mean in the common language.

​The court will reject the non-drafting party’s attempt to reinterpret the terms after the contract has been signed.

Myra offers to sell her home to Hanna for “about $100,000 plus closing costs.”  Hanna accepts Myra’s offer, but later a dispute arises concerning the precise dollar amount of the purchase price. How will a court resolve this dispute?  

​The court will appoint a licensed real estate appraiser to determine the price to be paid by Hanna.

​The court will require Hanna to pay the average of her price and Myra’s price.

​The court will declare the purchase price and terms too indefinite to create a binding contract.

​The court will determine a reasonable price to be paid by Hanna.

See answers on; ECO 372T Entire Course.

​Hillward Bakers has been using a blue HB logo with a baker’s hat on the HB since their inception ten years ago. Hobart Bakers, a newly opened bakery and confectionary chain, has used the same logo. Hillward has not registered its logo, but it chooses to sue Hobart anyway. Which of the following is true of this case? 

​Hillward can sue Hobart since the logo has been used by Hillward and is associated with it.

​Hillward cannot sue Hobart because logos cannot be patented or trademarked.

​Hillward cannot sue Hobart since the logo has not been registered as a trademark.

​Hobart can defend that Hillward created something that lacks utility and cannot be trademarked.

View the answer here on Youtube;