Description
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Andy King owns a small sandwich shop in Boca Raton, Florida. The shop is called "Andy The Burger King" and has been open for about one month.
Andy sells typical “burger place” food, including hamburgers, chicken sandwiches, french fries, onion rings, sodas and milkshakes. As a nod to his Cuban heritage – his mother was born in Havana – he also sells Cuban sandwiches in two sizes: “The Regular” and “The Whopper.”
In his shop, Andy enjoys playing a variety of music over the speaker system. Generally, he plays whatever music he recently bought on his own and downloaded to his iTunes account. Lately, his favorite to play for his customers has been “Night Visions,” an album by the band Imagine Dragons.
Andy receives two letters in the mail. The first is from the Burger King Corporation, demanding that he cease and desist the use of the name of his restaurant and the name of the large Cuban sandwich. The second is from Broadcast Music, Inc., on behalf of Imagine Dragons, advising that he must pay royalty fees to the band or stop playing the music. Both companies write that if action is not taken immediately, they will sue Andy.
What are the basics for each potential lawsuit, what are the legal analysis (including the "elements" of each legal claim) that each plaintiff (Burger King and BMI/Imagine Dragons) could use to make its argument, what defenses could Andy use, and how do you think that each case would be decided in court?
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Explanation & Answer
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1
Business Law Case Study
Name;
Institution Affiliated;
Course;
Professor;
Date;
2
Business Law Case Study
The business law case study in this case involves Andy and two plaintiffs Burger
King and BMI/Imagine dragons. Andy has a restaurant that sells typical foods at a burger
place, and the spots name is called “The Burger King” and has been in operation for a month
now. In addition to the selling of burgers, Andy also has a speaker system he uses to play
music on, the music played is usually one he has purchased or downloaded from his I-tunes
account. The point of concern in this case study is when Andy receives two emails from the
two plaintiffs in this case. The first plaintiff, the Burger King Corporation demands Andy to
stop using the name “The Burger King” because that name is similar to a restaurant owned by
the plaintiff and sells large Cuban Sandwich. The second plaintiff is Broadcast Music Inc.,
stepping on behalf of Image dragons and they are asking Andy to stop playing their music or
he must pay royalty fee. This paper therefore, discusses the concepts of trademarks basics and
application in relation to the case including evidence of possible consumer confusion. Further
sections discuss copyright basics and its application and the concept of fair use.
Trademarks Basics and Application
Any word, name, emblem, or design, or any variation thereof, used in commerce to
classify and differentiate the products of one maker or vendor from those of another, as well
as to signify the source of goods, is referred to as a trademark.
Attached. Please let me know if you have any questions or need revisions.
1
Business Law Case Study
Name;
Institution Affiliated;
Course;
Professor;
Date;
2
Business Law Case Study
The business law case study, in this case, involves Andy and two pla...
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