Case Analysis

Burger King, the national franchise, is banned from opening a restaurant within 20 miles of Mattoon, Illinois. So, there is not a Burger King there; no problem, right? Not so fast! In the late 1950s, Gene and Betty Hoots trademarked the iconic name. Well, they trademarked it in Illinois at least. When the national company decided to open a chain close by, the Hoots sued and won their case. However, the national chain was able to keep the name Burger King, but the Hoots were also able to keep the name in accordance with the stipulation that the national chain could not open a store within a 20- mile radius of the original store in Mattoon, Illinois. In a minimum of 500 words, explain the reasons why this decision was made, and discuss the significance of this case in U.S. trademark law jurisprudence. For this assignment, please find one article from the CSU Online Library that discusses intellectual property; elaborate on how the article relates to the Burger King case to support your answer. Identify the main issues with copyright and trademark in the article, and explain how these issues were either upheld or overturned. Cite any direct quotes or paraphrased material from the article. Use APA format. Information about accessing the grading rubric for this assignment is provided below.

Unit V case

Unit V Assignment Case Analysis Determine whether certain contract remedies exist in the following scenario: Forrest Gump is a famous table tennis player. He enters into a contract with Alabama Sports Marketing to advertise the latest ping pong game and to serve as the computer-generated imagery (CGI) model for the development of the video game. Gump is perfect for this job as there are not many world famous ping pong players who have a following similar to his. The game is set to start development on March 1 and will be completed on July 31, so the game can be released at Thanksgiving—a major video game release period. Both parties have agreed and stipulated to the fact that the game must be completed on time to maximize the profits. Gump will make 20% of the net proceeds from the sales of the game. In addition, the contract has a liquidated damages clause that indicates that if Gump does not participate in the marketing, does not serve as the CGI model, or breaches the contract in any way, he will owe Alabama Sports Marketing $2 million. Based on this fact pattern and the information presented in this unit, answer the following questions in a minimum of 250 words each. 1. One day, Gump gets into an argument with the developer. Gump refuses to perform any work until the problem is solved. In this situation, can Alabama Sports Marketing seek specific performance of the contract? If yes, why? If no, why not? 2. How would the court determine whether the liquidated damages clause is valid? Is this clause valid? Explain your answers. Cite any direct quotes or paraphrased material from outside sources. Use APA format. Information about accessing the grading rubric for this assignment is provided below.

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