Intellectual Property Rights discussion

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timer Asked: Feb 6th, 2019
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Question Description

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.

Tutor Answer

ProfGardner
School: New York University

Attached.

Running head: INTELLECTUAL PROPERTY RIGHTS

Intellectual Property Rights
Student’s Name
Institutional Affiliation

1

INTELLECTUAL PROPERTY RIGHTS

2

Intellectual Property Rights
Was It Ethical For Normandale To Sell The Alleged Knock-Off Products At A
Lower Price? Explain.
According to business ethics, Normandale behavior was unethical simply because he
dishonored the perception of intellectual property rights. Intellectual property rights can be
defined as the right an individual has or rather a company to have limited rights that allows them
to use their ideas, plans or any other tangible assets minus the worry of another company's
competition for a certain period.(Drahos, 2016) Generally, intellectual property rights are the
right of ownership in a person's creation.
Intellectual properties include a recipe, secret trade, production process, patents or
trademarks such as the design of a software program or recorded music. For example, the
Cadbury chocolate product its recipe of flavored chocolate cannot be imitated to produce a
similar product by any competitive company and in case of that it will be a violation of
intellectual property rights. Patent rights, on the other hand, include design software and music,
Intellectual property rights concept is charged permanently on intangible assets.
The intellectual property right is any outset of an innovation either non-fictional or
fictional, secret codes, image, signs, arty work and even any printing or drawing used In a
company. Also, it includes any method or branded procedure, geographical drawings and
anything a creator claims as his invention claiming that no other individual or company has a
right to possess. About this, it's clear that Mathias has a right of intellectual property to his
creation which in this case designs. Normandale had no right to indulge himself on this unethical
practice which concludes that Normandale selling ...

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Review

Anonymous
Good stuff. Would use again.

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