What are the basics for each potential lawsuit

Andy King owns a small sandwich shop in Boca Raton, Florida. The shop is called “Andy The Burger King” and has been open for about one month.

Andy sells typical “burger place” food, including hamburgers, chicken sandwiches, french fries, onion rings, sodas and milkshakes. As a nod to his Cuban heritage – his mother was born in Havana – he also sells Cuban sandwiches in two sizes: “The Regular” and “The Whopper.”

In his shop, Andy enjoys playing a variety of music over the speaker system. Generally, he plays whatever music he recently bought on his own and downloaded to his iTunes account. Lately, his favorite to play for his customers has been “Night Visions,” an album by the band Imagine Dragons.

Andy receives two letters in the mail. The first is from the Burger King Corporation, demanding that he cease and desist the use of the name of his restaurant and the name of the large Cuban sandwich. The second is from Broadcast Music, Inc., on behalf of Imagine Dragons, advising that he must pay royalty fees to the band or stop playing the music. Both companies write that if action is not taken immediately, they will sue Andy.

What are the basics for each potential lawsuit, what are the legal analysis (including the “elements” of each legal claim) that each plaintiff (Burger King and BMI/Imagine Dragons) could use to make its argument, what defenses could Andy use, and how do you think that each case would be decided in court?

You shall be graded on your complete and proper explanations, research and language usage, all as noted below. The report must be submitted in typed, double-spaced form. A report that does not follow this form will be deducted per the grading rubric. This project is 15% of your overall grade

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Intellectual Property: Copyrights (Links to an external site.)
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BUS 372 IP rubric

Criteria Ratings
This criterion is linked to a Learning OutcomeTrademark basics and application / SLO 9.6, 13.3, 13.5

25.0 pts
100%

Trademark defined completely, applied fully to case’s facts.

18.75 pts
75%

Trademark mostly defined with some substantive application to case’s facts

12.5 pts
50%

Trademark partly defined with little substantive application to case’s facts

6.25 pts
25%

Trademark defined incorrectly with no substantive application to case’s facts

0.0 pts
0%

No discussion.

This criterion is linked to a Learning OutcomeEvidence of possible consumer confusion / SLO 9.6, 13.3, 13.5

20.0 pts
100%

Full 8-part test shown and analyzed

15.0 pts
75%

Six of 8 parts of test shown and analyzed

10.0 pts
50%

Four or fewer parts of test shown and analyzed.

5.0 pts
25%

At least one part of test shown with little analysis

0.0 pts
0%

Consumer confusion test not discussed.

This criterion is linked to a Learning OutcomeCopyright basics and application / SLO 9.6, 13.3, 13.5

25.0 pts
100%

Copyright defined completely, applied fully to case’s facts.

18.75 pts
75%

Copyright mostly defined with some substantive application to case’s facts

12.5 pts
50%

Copyright partly defined with little substantive application to case’s facts

6.25 pts
25%

Copyright defined incorrectly with no substantive application to case’s facts

0.0 pts
0%

No discussion.

This criterion is linked to a Learning OutcomeFair use / SLO 9.6, 13.3, 13.5

20.0 pts
100%

Full four-part fair use test defined, explained and applied

15.0 pts
75%

Part of four part fair use test defined, explained and applied.

10.0 pts
50%

Fair use test either defined, explained or applied in most basic sense

5.0 pts
25%

Fair use test referred to but not applied

0.0 pts
0%

Fair use test not discussed.

This criterion is linked to a Learning OutcomeFormat and language usage

10.0 pts
100%

See rubrics at end of the syllabus.

8.0 pts
75%

See rubrics at end of the syllabus.

5.0 pts
50%

See rubrics at end of the syllabus.

3.0 pts
25%

See rubrics at end of the syllabus.

0.0 pts
0%

See rubrics at end of the syllabus.

Total Points: 100.0

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