BUSI 301 Application Activity 3 Commercial Torts Analysis Assignment solutions complete answers
Hayley gave me her notice that she was leaving. Honestly, I wasn't sorry to see her go She was constantly late, always on her phone, taking breaks all day…
But then she started working for Neighborhood Watch just a weeks later! They're our biggest competitor!!!
Yeah, Hayley definitely breached her non-compete agreement
After she was gone, we were closing her company email account and found this email exchange between Hayley and the COO of Neighborhood Watch
For now, let’s assume that the non-compete agreement is valid and enforceable. It's pretty narrowly tailored and clearly aimed at protecting the company's trade secrets
So we can sue Hayley for breaching the noncompetition agreement
Name, do we have a cause of action against Neighborhood Watch?
To prove that Neighborhood Watch interfered with our contractual relations with Hayley, we’d have to show that they:
Do you think we have a good shot of winning if we sue Neighborhood Watch for interfering with this contract?
Let’s talk about this new Neighborhood Watch product – the “Skub-AAH” watch.
I can’t believe they picked that name!!! Our Scubaah watch has been on the market for almost 2 years.
I hope that you protected the name of the Scubaah watch by getting a:
So the question now is whether Neighborhood Watch infringed your “Scubaah” trademark by selling a "Skub-AAH " smartwatch
We're protected by a federal law here called the Lanham Act
If we sue Neighborhood Watch for the tort of trademark infringement, we’d have to prove that (1) we own the “Scubaah” Name as a valid, protectable mark; and
What do you think, Name? Do we have a good trademark infringement case against Neighborhood Watch?
When you’re talking about whether a product’s appearance, packaging, or design is protected, that’s called:
But we didn’t register anything with the USPTO about our packaging trade dress… does that matter?
If we sue Neighborhood Watch for the intentional tort of trade dress infringement, we’d have to prove that:
What do you think, Name? Do we have a good trade dress infringement case against Neighborhood Watch?
As for the model, she could sue Neighborhood Watch for:
Based on this social media post, I think we should sue Neighborhood Watch for:
False advertising is when a company uses ads to misrepresent the qualities of a completing product in a way that’s:
What do you think, Name? Do we have a good false advertising claim against Neighborhood Watch?
If we sue for injurious falsehood, we’d have to prove that Neighborhood Watch:
Do you think we have a good injurious falsehood claim here?
What do you think, Dongkeun Choi? What could Elise sue Neighborhood Watch for based on this post?
If you sue for defamation, you’d have to prove that Neighborhood Watch:
You might be able to sue for:
What if the people who shared the post didn’t know it was a lie? Does that still count as false light publicity?
