Introduction
Intellectual property is the property created due to original creations. Intellectual property is used by companies, individuals and businesses to protect innovation and creativity which enables them to maintain their competitive advantage. Intellectual property refers to the original creation that needs to be protected to maintain its uniqueness in society. It is developed through a creative process and it is intangible. These traits differentiate the intellectual property from other types of property even though it is handled similarly to other properties in terms of owning, selling or leasing. This shows the need for the legal protection of intellectual property. However, intellectual property has to be valuable and marketable to warrant legal protection. This article examines the reasons why intellectual property requires different legal protections as compared to real or tangible property. It researches on an example of a court case involving intellectual property. The article analyses the Wrench LLC v. Taco Bell Corporation case in the “Ethics: Implied-in-Fact Contract Prevents Unjust Result” section of Ch. 9 in Legal Environment of Business.
Question 1
The legal protection of intellectual property ensures the safeguard of inventions, artistic works and mind creations from unfair competition. Legal protection of intellectual property also prevents the theft of ideas, concepts, and designs which are a source of competitive advantage in the market place. Intellectual property is among the most valuable asset of the business and needs to be protected to ensure the business offers something new and unique in the market. Since intellectual property is intangible, offering legal protection ensures it can be sold or licensed thus acting as a source of revenue for the business. Legal protection of intellectual property is important in creating a huge and identifiable brand for the business. It protects the idea, concept or design in question against infringement by competitors since the legal protection provides the business with the sole right to use the property. The legal protection of intellectual property allows businesses to obtain important strategic alliances from other firms which boosts their creativity and innovation without losing ownership of their original ideas and creations. Legal protection of intellectual property is important in ensuring the progress and well-being of humanity which is dependent on invention and innovation. As such, the presence of legal protection of intellectual property encourages more investment and financing of innovation and creativity in society.
Question 2
An example of an intellectual property court case is the Rolls Royce PLC v. United Technologies Corporation. In this case, Rolls Royce sought around $4 billion in damages from the technology company combined with an injunction to prevent further sales of the jet engines particularly the fan blades used in Airbus A380. However, the court issued a summary judgment which favored United Technologies since the court found out that the engine in contention did not infringe the patent from Rolls Royce.
Question 3
1.
Ideas are vital to the overall success of a business as they assist a company or a business in improving its products, services, and market outreach. However, implementing ideas from other companies or businesses without their consent creates legal problems. Wrench LLC v. Taco Bell Corporation case is among the most famous cases of idea misappropriation that involved Taco Bell and Wrench LLC. In this case, Wrench LLC attributed that Taco Bell had illegally implemented their idea by featuring a live Chihuahua having a feisty attitude in one of the Taco Bell advertisements. The ideas were entitled to be legally protected under the law since Wrench LLC was the original idea and yet Taco Bell went ahead and used the idea in designing its advertisements commercials without involving Wrench LLC or paying for the idea.
2.
Contracts can either be implied in fact or implied in law. The implied in law contract is also known as a quasi-contract and it is very different from the implied in fact contract. Implied in fact contract is an agreement based on an ongoing relationship. In this type of contract, parties act in a manner that indicates their intention to be in a contract with each other even without written or oral written agreement. However, the contract must consist of an acceptance, offer, mutual intent and consideration for the contract to be valid. However, these terms are not stated outrightly but rather inferred by the behavior of the parties involved. On the other hand, implied in law contracts requires the law during the formation of the contract. These agreements are formed because the law demands their formation without seeking the consent or approval of parties’ intentions to uphold justice. In the Wrench LLC v. Taco Bell Corporation case, the type of contract was implied by fact since there were no legal requirements guiding the formation of the agreement at hand.
3.
In the Wrench LLC v. Taco Bell Corporation case, it is clear that the two opposing sides had an implied-in-fact contract. However, one party failed to honor their part of the agreement by failing to pay the other party. This led to a legal case where Wrench LLC accused Taco Bell of idea misappropriation claims. In the case, Wrench LLC claimed that Taco Bell had used its idea of the psycho Chihuahua to create an advertising campaign without purchasing a license to provide the company with exclusive rights to use the character. However, the parties could have done thing differently to protect their individual rights while at the same time avoiding the legal dispute. Taco Bell needed to purchase the license of the character from Wrench LLC prior to using the character in the marketing campaign. Taco Bell needed to purchase the license of the psycho character from Wrench LLC in a bid to fulfill their part of the implied-in-fact contract with Wrench LLC. The contract would have been fulfilled and both parties could have avoided the legal dispute since both parties could have satisfied their part of the contract.
4.
Written contracts are better compared to oral contracts due to the ability to make future references in case of any dispute that might arise in the future. In this case, a written contract between Wrench LLC and Taco Bell could have been vital in providing information on the details of the agreement thus avoiding instances of misunderstanding. The written contract could also be proof in court about the elements that were used in formulating the contract thus solving the dispute without the need for a legal dispute which resulted in hefty fines in form of damages to Taco Bell.
5.
Contracts are important in running a business. However, there are various elements necessary to form a valid contract. The first element needed to form a valid contract is the offer. This refers to the promise made by parties of the contract promising to do or not to do specified actions in the future based on their agreement. The other element is the consideration. This is something of value that is provided by the parties of the agreement in exchange for the specific actions or non-action. The value of the consideration induces the parties of the agreement to enter into the contract and undertake their roles and responsibilities. Another important element is acceptance. This mirrors the terms of the offer and parties agree to undertake their part of the deal. Failure to accept the terms of the contract is regarded as rejection and the party needs to make a counteroffer. The last element is mutuality. This is where both parties agree to the basic terms of the contract and undertake to meet their part of the deal.
Get Professional Assignment Help Cheaply
Are you busy and do not have time to handle your assignment? Are you scared that your paper will not make the grade? Do you have responsibilities that may hinder you from turning in your assignment on time? Are you tired and can barely handle your assignment? Are your grades inconsistent?
Whichever your reason is, it is valid! You can get professional academic help from our service at affordable rates. We have a team of professional academic writers who can handle all your assignments.
Why Choose Our Academic Writing Service?
- Plagiarism free papers
- Timely delivery
- Any deadline
- Skilled, Experienced Native English Writers
- Subject-relevant academic writer
- Adherence to paper instructions
- Ability to tackle bulk assignments
- Reasonable prices
- 24/7 Customer Support
- Get superb grades consistently
Online Academic Help With Different Subjects
Literature
Students barely have time to read. We got you! Have your literature essay or book review written without having the hassle of reading the book. You can get your literature paper custom-written for you by our literature specialists.
Finance
Do you struggle with finance? No need to torture yourself if finance is not your cup of tea. You can order your finance paper from our academic writing service and get 100% original work from competent finance experts.
Computer science
Computer science is a tough subject. Fortunately, our computer science experts are up to the match. No need to stress and have sleepless nights. Our academic writers will tackle all your computer science assignments and deliver them on time. Let us handle all your python, java, ruby, JavaScript, php , C+ assignments!
Psychology
While psychology may be an interesting subject, you may lack sufficient time to handle your assignments. Don’t despair; by using our academic writing service, you can be assured of perfect grades. Moreover, your grades will be consistent.
Engineering
Engineering is quite a demanding subject. Students face a lot of pressure and barely have enough time to do what they love to do. Our academic writing service got you covered! Our engineering specialists follow the paper instructions and ensure timely delivery of the paper.
Nursing
In the nursing course, you may have difficulties with literature reviews, annotated bibliographies, critical essays, and other assignments. Our nursing assignment writers will offer you professional nursing paper help at low prices.
Sociology
Truth be told, sociology papers can be quite exhausting. Our academic writing service relieves you of fatigue, pressure, and stress. You can relax and have peace of mind as our academic writers handle your sociology assignment.
Business
We take pride in having some of the best business writers in the industry. Our business writers have a lot of experience in the field. They are reliable, and you can be assured of a high-grade paper. They are able to handle business papers of any subject, length, deadline, and difficulty!
Statistics
We boast of having some of the most experienced statistics experts in the industry. Our statistics experts have diverse skills, expertise, and knowledge to handle any kind of assignment. They have access to all kinds of software to get your assignment done.
Law
Writing a law essay may prove to be an insurmountable obstacle, especially when you need to know the peculiarities of the legislative framework. Take advantage of our top-notch law specialists and get superb grades and 100% satisfaction.
What discipline/subjects do you deal in?
We have highlighted some of the most popular subjects we handle above. Those are just a tip of the iceberg. We deal in all academic disciplines since our writers are as diverse. They have been drawn from across all disciplines, and orders are assigned to those writers believed to be the best in the field. In a nutshell, there is no task we cannot handle; all you need to do is place your order with us. As long as your instructions are clear, just trust we shall deliver irrespective of the discipline.
Are your writers competent enough to handle my paper?
Our essay writers are graduates with bachelor's, masters, Ph.D., and doctorate degrees in various subjects. The minimum requirement to be an essay writer with our essay writing service is to have a college degree. All our academic writers have a minimum of two years of academic writing. We have a stringent recruitment process to ensure that we get only the most competent essay writers in the industry. We also ensure that the writers are handsomely compensated for their value. The majority of our writers are native English speakers. As such, the fluency of language and grammar is impeccable.
What if I don’t like the paper?
There is a very low likelihood that you won’t like the paper.
Reasons being:
- When assigning your order, we match the paper’s discipline with the writer’s field/specialization. Since all our writers are graduates, we match the paper’s subject with the field the writer studied. For instance, if it’s a nursing paper, only a nursing graduate and writer will handle it. Furthermore, all our writers have academic writing experience and top-notch research skills.
- We have a quality assurance that reviews the paper before it gets to you. As such, we ensure that you get a paper that meets the required standard and will most definitely make the grade.
In the event that you don’t like your paper:
- The writer will revise the paper up to your pleasing. You have unlimited revisions. You simply need to highlight what specifically you don’t like about the paper, and the writer will make the amendments. The paper will be revised until you are satisfied. Revisions are free of charge
- We will have a different writer write the paper from scratch.
- Last resort, if the above does not work, we will refund your money.
Will the professor find out I didn’t write the paper myself?
Not at all. All papers are written from scratch. There is no way your tutor or instructor will realize that you did not write the paper yourself. In fact, we recommend using our assignment help services for consistent results.
What if the paper is plagiarized?
We check all papers for plagiarism before we submit them. We use powerful plagiarism checking software such as SafeAssign, LopesWrite, and Turnitin. We also upload the plagiarism report so that you can review it. We understand that plagiarism is academic suicide. We would not take the risk of submitting plagiarized work and jeopardize your academic journey. Furthermore, we do not sell or use prewritten papers, and each paper is written from scratch.
When will I get my paper?
You determine when you get the paper by setting the deadline when placing the order. All papers are delivered within the deadline. We are well aware that we operate in a time-sensitive industry. As such, we have laid out strategies to ensure that the client receives the paper on time and they never miss the deadline. We understand that papers that are submitted late have some points deducted. We do not want you to miss any points due to late submission. We work on beating deadlines by huge margins in order to ensure that you have ample time to review the paper before you submit it.
Will anyone find out that I used your services?
We have a privacy and confidentiality policy that guides our work. We NEVER share any customer information with third parties. Noone will ever know that you used our assignment help services. It’s only between you and us. We are bound by our policies to protect the customer’s identity and information. All your information, such as your names, phone number, email, order information, and so on, are protected. We have robust security systems that ensure that your data is protected. Hacking our systems is close to impossible, and it has never happened.
How our Assignment Help Service Works
1. Place an order
You fill all the paper instructions in the order form. Make sure you include all the helpful materials so that our academic writers can deliver the perfect paper. It will also help to eliminate unnecessary revisions.
2. Pay for the order
Proceed to pay for the paper so that it can be assigned to one of our expert academic writers. The paper subject is matched with the writer’s area of specialization.
3. Track the progress
You communicate with the writer and know about the progress of the paper. The client can ask the writer for drafts of the paper. The client can upload extra material and include additional instructions from the lecturer. Receive a paper.
4. Download the paper
The paper is sent to your email and uploaded to your personal account. You also get a plagiarism report attached to your paper.
PLACE THIS ORDER OR A SIMILAR ORDER WITH US TODAY AND GET A PERFECT SCORE!!!
