Sm450 the Scottish Highland Games

Sm450 the Scottish Highland Games

Instructions/Descriptions

Sm450 the Scottish Highland Games

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Welcome to professor blankenship’s second test in sm450. This test will be passed out during our class meeting on thursday april 23 at 10:00am-ish electronically. You may use the remainder of class time to work on this test – or not. This test has a due date of tuesday april 28 at 9:30am.

You are to email the completed test to me at that time to my su.edu email address: mblanken@su.edu. You may use (1) class notes, either in electronic format or physical format, and (2) any other physical or electronic resource. The sole restriction is that you may not discuss this test with any person, natural or legal.

Use the following fact pattern for the subsequent questions 1-5

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The caber toss is a traditional scottish athletic event in which competitors toss a large tapered pole called a “caber.” It is normally practiced at the scottish highland games. In scotland the caber is usually made from a larch tree and is typically 19 feet 6 inches tall and weighs 12.5 stone (175 lb).

The term “caber” derives from the gaelic word cabar, which refers to a wooden beam. Avery, who travels every summer to the scottish highlands to compete, made an important decision mid-toss. “i’m going to bring this sport professionally to the united states. Americans love trees and skirts and throwing things. I’ll be rich.”

1. Avery’s first stop was to his corporate attorney who advised him on different entity structures to consider. Avery decided to create two entities, a corporation for the american caber toss league, and a limited liability company for the team that he intends to run, the winchester claymores.
2. Provide a business name, any name, that should satisfy corporate filing requirements for the american caber toss league.
3. Provide a business name, any name, that should satisfy llc filing requirements for his team, the winchester claymores.
4. Avery, the primary shareholder and president of the board of directors for the league, hires cade as the league’s first president. Cade is tasked with the day-to-day operations of the league, such as finding new owner/operators for other teams, finding locations to practice and “play” the sport (or whatever one “does” with a tree), researching and purchasing equipment, etc.

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Cade does a great job, and avery’s only concern is that in searching for an ideal real estate location for a practice facility, cade found a large, open field by the shenandoah river that, rather than turn over to the league, cade decided that he liked the location so much, that he purchased it for himself as a secondary home.

Cade reimbursed the league with the proceeds paid for the land, but avery isn’t happy with the new practice location that cade acquired, which is surrounded on four sides by smelly cow pastures for farmer bogdan’s incontinent cows dairy farm milk. Avery wanted the land by the river. Give avery business advice (that i taught you) to help him achieve his goals.

3. Avery wanted to expand the scope of caber-tossing in the u.s. In talking with shenandoah university official, avery persuaded the university to start a caber-toss sport. Since shenandoah was the only university to have the sport, they became immediate national champions every year and every year the team laughed as they took a celebratory paid trip to scotland for pub-fueled adventuring through the streets of edinburgh.

Betsy (who is not in our class and we don’t know) is a student at shenandoah university and decided to start a one-woman protest. She sends a letter to avery demanding that avery consider title ix ramifications for both the league and the university team. Is betsy correct?

4. Avery was persuaded by betsy’s letter to consider creating opportunities in shenandoah university for a women’s team. Avery thinks that the traditional caber is probably a bit much for female hands and strength, and creates a new “women’s caber” that only weighs 150 lbs and is merely 18 feet tall.

Brenna immediately joins the women’s team, and in fact, is the only member. However, brenna immediately becomes national champion and the top-performing women’s athlete. Betsy is furious that there’s a smaller caber and complains.

1. What federal entity is tasked by regulation to hear betsy’s complaint?
2. Address the merits of betsy’s newest complaint. Is shenandoah required to use the same caber for the women’s team as the men’s team.
3. Matt, who is a heck of a baseball player, realizes that throwing a tree isn’t that much different from throwing a baseball and joins the league. He quickly becomes the league’s best caber-tosser. Mckellog’s, scotland’s finest cereal company, decides that they want to put a likeness of matt on the front of their haggis cereal boxes.

A cartoonized smiling picture of matt is just under the haggis cereal logo putting a spoonful of the cereal into his mouth. Matt sues. What is his likelihood of success and why?

6. On april 23, 2019, avery asks carrie, the claymore’s coach, to start posting signage throughout winchester, va to indicate the start of the sport. Winchester citizens are amazed and intrigued because they’ve never heard of the sport, the league, or the team. Everyone in northern virginia is talking about the new sport and team all of april 2019. On april 23, 2020, avery files a trademark application with the uspto seeking trademark registration, and the registration is granted in may 2021.
7. Describe the character and scope of the claymore team’s trademark rights in may 2019.
8. Describe the character and scope of the claymore team’s trademark rights on the date november 2020.
9. Describe the character and scope of the claymore team’s trademark rights on december 2021.
10. The league’s primary announcer, madison, immediately becomes a national icon. Her stirring and moving descriptions of tossing a tree capture the attention of all america, and indeed the world. Her finest moment is when deaquan, the team captain for the baltimore kilt-weavers throws the winning tree-toss to beat the richmond devils – even though his tree is struck by lightning and catches on fire.

Madison begins a twenty-minute masterpiece of an oration that lasts throughout the toss and the winning teams celebration. The richmond times, a richmond newspaper, decides to post an audiovisual copy of madison’s oration and the game on youtube along with inspirational music.

The league sends a cease-and-desist letter to the times to take down the copy and the newspaper refuses based on first amendment rights. The league brings suit in a federal court. Under what legal theory does the league have the best chance of success?

8. Kavonta is madison’s announcing sidekick. For some reason, the announcing industry firmly believes that every sport needs at least two announcers. Kavonta doesn’t really know much about the sport, and tends to fall asleep during the games. However, his catch phrase “sweet sassy molassy” that he utters every time that a player tosses the caber becomes a national catchphrase.

a syrup company decides to utilize the catchphrase to sell its lagging brand syrup and quickly changes all labeling for its syrup bottles to feature sweet sassy molassy in big letters. Under what two legal theories could kavonta sue the syrup company?

9. The richmond times is fascinated with the league and the games. For the halftime show for the championship game, henry is hired to perform his famous tree-juggling routine. He’s the only person ever to attempt to juggle trees. It’s amazing. He juggles a pear tree, an apple tree, and an oak tree.

In the finale, as he juggles he takes a bite out of a pear on the pear tree and an apple on the apple tree. The richmond times posts two videos from the performance. The first video is an exact, entire reproduction of henry’s act.

The second video is a blooper of henry trying to take a bite out of the oak tree and lasts only ten seconds of the ten minute act. Henry is furious and demands that the richmond times take down all videos of him. Will he be successful and under what legal theory?

10. Circle the best means of protecting each piece of intellectual property.
11. A new caber toss dance for when the league’s top athlete tosses the caber more than 20 yards

Patent / trademark / copyright / publicity right

1. The awesome claymore logo that avery chose for his team.

Patent / trademark / copyright / publicity right

1. New gloves with titanium reinforcement for tossing cabers.

Patent / trademark / copyright / publicity right

1. Television broadcasts of the games picked up by the local television station with the league’s two announcers.

Patent / trademark / copyright / publicity right

Sm450 the Scottish Highland Games

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