Bus Law Assignment (2 parts)Unit3

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Part 1:

Unit III Assignment

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.

Kubasek, N., Browne, M. N., Herron, D. J., Dhooge, L. J., & Barkacs, L. (2016). Dynamic business law: The essentials (3rd ed.). New York, NY: McGraw-Hill Education.

Part 2:

Answer the 2 Questions

1. In the Unit III Lesson, we stated real property or “realty” is land and everything permanently attached to it. That seems like a simple concept. Explain how the idea of mineral rights can impact you as a business person. Include information from our Unit Lesson and your personal experience.
Your response should be at least 200 words in length.

2. In the Unit III Lesson, we explored Article I, Section 8, Clause 8 of the United States Constitution. The creators of intellectual property have some protection. Explain what you view as threats to intellectual property in today’s world economy. What are some examples where intellectual property is threatened? What are some protections in place to give creators of intellectual property some protection?
Your response should be at least 200 words in length.

Kubasek, N., Browne, M. N., Herron, D. J., Dhooge, L. J., & Barkacs, L. (2016). Dynamic business law: The essentials (3rd ed.). New York, NY: McGraw-Hill Education.

BBA 3210, Business Law 1

Course Learning Outcomes for Unit III

Upon completion of this unit, students should be able to:

6. Classify the different types of intellectual property.
6.1 Recognize how the topics of real, personal, and intellectual property are related.
6.2 Identify the similarities and differences among the methods for protecting intellectual property.

Reading Assignment

Chapter 8:
Real, Personal, and Intellectual Property, pp. 150–170

Unit Lesson

Introduction to Property

Most people can easily identify certain types of property. The car you drive, the home you live in, the clothes
you own—these are all varieties of property. Real property, or “realty,” is land and everything permanently
attached to it. Personal property consists of tangible, movable objects. Intellectual property consists of those
intangible things that result from mental creativity, such as composing music, writing a book, and making a
scientific invention, rather than making a physical effort.

Real Property

Owning realty includes more than the surface of the land. Click here to see a diagram that depicts the entirety
of real estate ownership. It shows the three types of realty: airspace rights, surface rights, and mineral rights.

The significance of these three types is well illustrated in “Special Report: U.S. Builders Hoard Mineral Rights
Under New Homes” (Conlin & Grow, 2013). This describes how some homebuilders in the United States keep
the subsurface mineral rights for themselves, which is definitely a situation where caveat emptor (Let the
buyer beware!) applies. This situation illustrates an important aspect of property ownership—the bundle of
rights, which proposes that owning land is like owning a bundle of sticks, and each stick represents an
individual right. The report describes how some property developers kept a stick for themselves and sold the
bundles without the mineral or subsurface rights to the unwitting homebuyers (Conlin & Grow, 2013).

The textbook describes each of the various interests in land, including fee simple absolute, conditional estate,
life estate, future interest, and leasehold estate (Kubasek, Browne, Herron, Dhooge, & Barkacs, 2016). These
are possessory estates because they involve possessing the land but not having an ownership interest in the
land. Nonpossessory estates are interests in land that do not involve possession. Examples of this are
easements, profits, and licenses.

An example of an easement can be found here, which describes the creation of a conservation easement for
purposes such as historic preservation, natural resource-based outdoor recreation or education, watershed
preservation, and preservation of scenic open space. The party granting this easement retains ownership of
the land but is allowing it to be used by others for the stated purposes, without taking anything from the land.
In contrast, a profit allows the right to go onto someone’s land and take part of the land or a product of the
land away. If easements and profits are properly recorded, they are transferred with the land to subsequent
owners. Licenses, however, can provide the same rights but are revocable and temporary in nature.

UNIT III STUDY GUIDE

Real, Personal, and
Intellectual Property

https://online.columbiasouthern.edu/CSU_Content/Courses/Business/BBA/BBA3210/15O/UnitIII_Diagram.PNG

https://online.columbiasouthern.edu/CSU_Content/Courses/Business/BBA/BBA3210/15O/UnitIII_Deed_of_Easement

BBA 3210, Business Law 2

UNIT x STUDY GUIDE

Title

Personal Property

Personal property specifically refers to tangible objects that can be physically moved (e.g., a car).

Intellectual Property (IP)

One of the biggest challenges associated with the creation and ownership of intellectual property (IP) is the
fact that it has the nature of other types of property. This is often overlooked; however, IP is indeed property,
similar to realty and personal property, and it, too, carries a bundle of rights, both for the creator of the
property and for the community. Article I, Section 8, Clause 8 of the United States Constitution grants
Congress the power, “To promote the progress of science and useful arts, by securing for limited times to
authors and inventors the exclusive right to their respective writings and discoveries” (U.S. Const. art. I, § 8).
From this constitutional provision, the legislative and judicial system decides which rights to set aside for the
creators of IP and which will be left for the public. Possible IP creator rights include copyright, patent,
trademark, and trade secret.

Under the common law of copyright, a potential user (i.e., infringer) may be prevented from reproducing a
copyrighted work. To learn more about the costs, learn more about the process, and to review the forms
involved, visit the United States Copyright Office here.

Thomas Edison, the famed inventor, is responsible for three key innovations in the United States: the
phonograph, the incandescent light bulb, and a moving picture camera. He filed over 1,000 patents in his
lifetime (“Thomas Edison’s Patent,” n.d.). The patent application process is very unique in that the applicant is
required to literally provide a blueprint for his or her invention. A U.S. patent grants to the applicant 20 years
from the date of application the right to exclusively produce, sell, and use the object. After the exclusivity
period lapses, the patent expires, and anyone can produce, sell, and use the object. The blueprint provided in
the application is an exchange that bestows the exclusive right to the applicant but also can help others
reproduce the invention once the patent lapses. Many consider the patent to be the most protective of all the
forms of IP; however, it is also the shortest-lived. For more information on Thomas Edison’s Patent
Application for the Light Bulb (1880), click here.

A trademark connects a product or service with a specific producer. Trademarks are powerful business tools
in that they are designed to resonate with a consumer in a way that will perpetuate business (i.e., support the
brand identity). How do trademarks do that? Consider your last supermarket visit. While strolling down the
laundry detergent aisle, you see dozens of brands in colorful, uniquely shaped containers. You prefer Tide
laundry detergent and know that it is the orange bottle with the blue cap. Instantly, you see it and know that is
the detergent you want to purchase because you recognize the product among all of the others. This is the
power of the trademark. In this example, color, shape, and logo design are all factors. Can a sound be
trademarked? Click here to see and hear a list of federally-registered sound trademarks.

There is a multitude of rules that regulate the use of trademarks. The United States Trademark Law: Federal
Statutes may be viewed by clicking here.

The owner of a trade secret is required to take all reasonable precautions to prevent that secret from being
discovered by others. The formula for Coca-Cola is an excellent example of a trade secret. Coca-Cola
employees work in different and divided groups so that the formula remains a secret (Quinn, 2012).

References

Conlin, M., & Grow, B. (2013, October 9). Special report: U.S. builders hoard mineral rights under new

homes. Retrieved from http://www.reuters.com/article/us-usa-fracking-rights-specialreport-
idUSBRE9980AZ20131009

Kubasek, N., Browne, M. N., Herron, D. J., Dhooge, L. J., & Barkacs, L. (2016). Dynamic business law: The

essentials (3rd ed.). New York, NY: McGraw-Hill Education.

Thomas Edison’s patent application for the light bulb (1880). (n.d.). Retrieved from

http://www.ourdocuments.gov/doc.php?flash=true&doc=46

http://copyright.gov/forms/

http://www.ourdocuments.gov/doc.php?flash=true&doc=46

http://www.uspto.gov/trademark/soundmarks/trademark-sound-mark-examples

https://online.columbiasouthern.edu/CSU_Content/Courses/Business/BBA/BBA3210/15O/UnitIII_Trademark_Statutes

BBA 3210, Business Law 3

UNIT x STUDY GUIDE
Title

Quinn, G. (2012, January 6). Vault with Coca-Cola trade secret formula on public display. Retrieved from

http://www.ipwatchdog.com/2012/01/06/vault-with-coca-cola-trade-secret-formula-on-public-
display/id=21588/

U.S. Const. art. I, § 3