Legal & Ethical Scenarios
Legal Scenarios
Select one of the two scenarios. Support your responses with appropriate cases, laws and other relevant examples by using at least one scholarly source from the South University online library in addition to your textbook for each scenario. Your paper should be between 2 and 3 pages long, excluding the title page and references page.
Scenario 1: Business Competition
BRG of Georgia and BARMAX, located in Illinois are the nation’s two largest providers of bar review materials and lectures that are designed to help students study and pass the bar exam for their state.
BARMAX began offering Georgia bar review course on a limited basis in 2006 and was in direct, and often intense, competition with BRG from 2007 to 2009 when the companies were the two main providers of bar review courses in Georgia. In early 2010, they entered into an agreement that gave BRG an exclusive license to market BARMAX materials in and to use its trade name Bar/Bri. The parties agreed that BARMAX would not compete with BRG in Georgia and that BRG would not compete with BARMAX outside of Georgia. Under the agreement, BARMAX received $100 per student enrolled by BRG and 40 percent of all revenues over $350. Immediately after the 2010 agreement, the price of BRG’s course was increased from $150 to more than $400.
Is their conduct illegal under federal antitrust laws? Why or why not?
Scenario 2: International Law
Reliable Time Inc. imported a shipment of watches into the United States. The watches contained the mark “Lauren” which is a registered trademark owned by Ralph Lauren. U.S. U.S. Customs and Border Protection (CBP) seized the watches pursuant to the Tariff Act, which authorizes seizure of any “merchandise bearing a counterfeit mark.” Ralph Lauren did not make or sell watches at the time of the seizure. Reliable argued that because Ralph Lauren did not make watches at the time of the seizure, the watches it imported were not counterfeit, and the civil penalty imposed by CBP was unlawful. The government argued that the mark was counterfeit and that the Tariff Act does not require the owner of the registered mark to make the same type of goods as those bearing the offending mark.
Decide the outcome for the case by providing support from scholarly sources such as the textbook, journal articles, cases and information from the CBP website.
Submission Details:
Use three or more scholarly sources to support your work.
Submit your paper In Microsoft Word, using APA style.
Name your document SU_BUS1038_W2_LastName_FirstInitial.doc
Submit your document to the Submissions Area by the due date assigned.
