Legal and Ethical Leadership and Management
Mathis, Inc. is a designer and manufacturer of women’s clothing and specializes in high-end women’s winter fashions. Normandale, a retailer, sells high-end products in malls throughout the country. With Mathis’s high costs, Normandale is unable to make a profit from the sale of Mathis’s products.
Countess Lori-Ann (CLA) is a Mathis competitor. Normandale sends photographs and samples of the Mathis line to CLA and instructs them to make an identical line at a lower price. Mathis labels are easily discernable in the photographs and the samples have the Mathis label attached. CLA copies the Mathis line for Normandale.
CLA sells the clothing to Normandale at a low price allowing Normandale to sell the products for a total gross profit of nearly $3 million, an increase of nearly 50% over its sale of Mathis products. Mathis discovers that Normandale is selling counterfeit products, and sends several cease-and-desist letters to them—to no avail. Mathis then sues Normandale alleging Normandale has engaged in illegal conduct. Normandale counters that it did nothing wrong.
Research business law in regard to protection of intellectual property using your textbook, the Argosy University online library resources, and the Internet. Based on the facts of the case and research, write an analytical paper. In the paper, respond to the following questions:
- Was it ethical for Normandale to sell the alleged knock-off products at a lower price? Explain.
- What federal or state laws protect owners of intellectual property? How do they apply here? Explain.
- What damages, if any, has Mathis suffered because of Normandale’s conduct? Explain.
- What are the differing views on the social responsibility of corporations like Normandale?
- What ethical code could Normandale implement to prevent similar incidents in the future?
- Do the owners of Normandale have personal liability to Mathis for damages? Explain.
- Do the owners of Normandale have personal criminal liability for their conduct and that of the business? Explain.
Write a five-page paper in Word format. Apply APA standards for writing style to your work.
Use the following file naming convention: LastnameFirstInitial_M3_A2.doc. For example, if your name is John Smith, your document will be named SmithJ_M3_A2.doc.
ByWednesday, July 8, 2015, deliver your assignment to theM3: Assignment 2 Dropbox.
Assignment 2 Grading Criteria
Explained the ethical question of Normandale’s actions to copy and sell the knock-off products
Detailed the Federal and or State intellectual property laws and their application to this situation.
Listed and explained what damages, if any, that Mathis suffered as a result of Normandale’s actions.
Compared and contrasted the various viewpoints regarding social responsibility of corporations such as Normandale.
Recommended an ethical code for Normandale that would prevent a reoccurrence of a similar situation.
Determined and explained any consequences to Normandale’s owners in terms of personal liability toward Mathis.
|Determined and explained any consequences to Normandale’s owners in terms of criminal liability toward Mathis.|
Writing Components (20% of LASA 1 grade)
Organization (12 points): Introduction, Thesis, Transitions, and Conclusion.
Usage and Mechanics (12 points): Grammar, Spelling, and Sentence structure.
APA Elements (16 points): Attribution, Paraphrasing, and Quotations.
Style (4 points): Audience, and Word Choice.