Atkins operates an advertising, and marketing firm and was contracted by Fischer to create the logo and brand identity of for both the bottle label and the six-pack carrier of the beer he created called 'Redneck Beer '. The parties entered into an agreement which contained the following provision:
“Ownership and possession of all underlying creative work developed and supplied by Leslie Atkins Communications shall remain the exclusive property of Leslie Atkins Communications; creative work includes, but is not limited to, sketches, copy, photographs, illustrations, type, and mechanical art boards.” (Atkins v. Fischer)
Because Fischer was not satisfied with Atkins designs, he decided to contract another firm to create other designs.
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The allegation of copyright infringement is formed on the claim that the way Fischer used the designs exceeded the scope of the non-exclusive license. Unfortunately, there weren’t any specification in the agreement that showed what rights to those designs were being licensed to Fischer. There wasn’t a clear explanation if Fischer non-exclusive license was to use the designs for the commercial manufacture or if it was a more limited. While Atkins argued that the designs were meant to be used only in the first phase of the agreement (a sales tool at a convention), Fishers stated that designs created on the first stage were also meant to be used in the second phase of the agreement. The court stated: “The two-stage written agreement between the parties sheds little light on whether completion of the first stage of the agreement implied a grant of a non-exclusive license to use Atkins ' copyrighted designs for commercial production or merely as a sales tool at the convention” (Atkins v. Fischer). Since the agreement didn 't provide enough information about the scope of the rights of the designs being licensed, the district court concluded that Fischer had an implied non-exclusive license to use Atkins ' work in the commercial production of the beer.
Substantial Similarities
The case also covered the issue whether the designs created
Consumer demand for robust ale was not being fulfilled with the current beers on the market. In 1991 Jeff Lebesch and his wife Kim started the company out of their basement. They focused on the rich flavor and unique concept. Their focus on social and environmental responsibility has set them apart from brewing companies on the market. Jeff and his wife wanted to promote a product while being innovative and socially responsible. They designed their core values and mission statement while hiking in a national park (Ferrell, 2010). In addition they wanted to promote the brand and corporate citizenship (Ferrell, 2010). Although the product is alcohol they encourage consumers to be responsible. Also, they have sponsored events, dinners and philanthropic causes to help gain consumer loyalty. In 2013, USA named NBB as 6 out of 15 best brewing companies (Franklin, 2013). Also, the company has increased is competitive advantage with is stance on environmental conscience brewing. They were the first brewery to utilize wind power generator, even with an increase cost of .025 per kilowatt (Asher, Bidner and Greene, 2003). Also, they utilize light tunnels, windows and recycled steam to reduce their carbon footprint (Gorski, 2013). In 2002 NBB participated in the LEED-EB pilot program (Ferrell, 2010). Furthermore, the company donates $1 for every barrel of beer sold to each of the 26 states territories and distributed $700,000 in 2012 (What we are about, 2013). Despite
Charge: Arson to forest land, Arson to property, Unlawfully causing a fire forest, Misdemeanor unlawfully causing a fire of property
One day on February 20, 2002, a case was brought to the court and, argued pertaining to capital punishment known as ATKINS v. VIRGINIA. The jury convicted Daryl Atkins for the murder of a Virginia City man, as well as the kidnapping and armed robbery of the victim. Investigators found out that on the 16th of Aug 1996, Atkins, and his partner named William Jones kidnapped Eric Nesbitt from his place of residence, armed with a semiautomatic handgun. Atkins and William both of these suspect proceeded to rob him for all of the cash he had on him at the time and asked him for more cash and ended up withdrawing additional cash from a nearby ATM with Nesbitt's card. From there, Atkins and William brought the victim to a nearby location and shot him eight times including on his head and face, and killed him.
On a beautiful day in 1965, June 4th, President Lyndon B Johnson spoke at the commencement at the prestigious Howard University commencement. He can be quoted saying “ You do not take a man who for years has been hobbled by chains, liberate him, bring him to the starting line of a race saying ‘ you are free to compete with all the others,’ and still justly believe you have been completely fair.”(ECS1) Shortly after giving this address President Johnson, “Put his money where his mouth was” and signed executive orders mandating that all government contractors take “affirmative action” to hire minority groups (Brunner 2002). In responses to this many professional schools, colleges and university’s followed the governments
The next project was bottling Gordon Biersch signature beer and retailing it. This had three biggest challenges: this project was entirely Gordon’s baby and demanded time and attention; secondly the freshness of the bottled beer versus the freshly brewed was an issue for which they decided the beer would have a shelf life no longer than three months. Thirdly and the most exciting challenge was the head-to-head competition with other microbreweries and premium beers. Despite the tough competitive environment, Gordon Biersch aimed to achieve 11% of the market in three years (by 1996). This retail venture required huge investment, thus they decided to start small to prove to the investors that they could pull it off.
Rakas v. Illinois, 439 U.S. 128 (1978) The Court held that a defendant must prove there is a legitimate expectation of privacy for a search to be challenged.
The Boston Beer Company, Inc., founded in 1984, is a leading brewer in United States, offering wide variety of high quality full-flavored, handcraftedbeers. It is distinctive due to the time-honored recipe of brewing and authentic, consistent quality of alcoholic beverages. Samuel Adams Boston Lager is the pride of BBC, regular handcrafted beer “stands for quality, inner self-worth, authenticity, and unique New England or Yankee toughness” ( Martin Roper, Chief Operating Officer). Unfortunately, the company experienced the failure of conquering light beer segment
Kiko’s parents are likely not contractually obligated to give him the $20,000, but this is uncertain. For a contract to be legally enforceable, it must have mutual assent and consideration. The court determines whether there was mutual assent by asking whether an objective reasonable person would have recognized an offer by one party and acceptance by the other. Consideration requires either detriment to the promisee, or benefit to the promisor. Additionally, consideration requires that the offer induces the detriment and that the detriment induces the offer. Leonard v. Pepsico, Inc., 88 F.Supp.2d 116 (1999). Pennsy Supply v. American Ash Recycling Corp., 895 A.2d 595 (Pa.Super. 2006).
Boston Beer Company should then conduct regional market studies to determine potential flavors for each specific region based off existing local craft breweries and popular regional flavor combinations. Each smaller market study should be conducted by local consulting firms who already have an understanding of the demographics and culture of the region they are studying. These studies should be
The Boston Beer Company and Samuel Adams have both had a long history. Since the 1870s, six generations of the Koch family have been involved with beer. In the early 1980s, the seventh generations almost turned his back on the family business. After graduating from graduate school, Jim Koch wanted to stray always for the family business and seek a career in management consulting. After a short time in the consulting business, Koch decided that he just could not ignore his destiny to create a new, different beer. In 1984, Koch was on the search for a “better beer”. The only options at the time on the market were pale lagers from mass producers (Company), Koch decided there needed to be a change. In April 1985, Samuel Adams made in bar
New Belgium brewery has increasingly grew throughout the years since their development in 1991. Despite the dominance of the “Big Three” (Budweiser, Miller, and Coors), NBB needs to be aggressive and strive to invest in the attractive beer industry in able to grow more. If positioned correctly, NBB and its main brand, Fat Tire, can continually grow. An evaluation of the industry, the business itself, its brands, and the customers and competitors is needed in order to be continuously successful.
The Adolph Coors Case Study proved the dedication and self-reliance Coors brings to the beer industry. Having overcome great adversity by surviving the prohibition years, Coors durability and sustainability are also complimentary points on the structure of the company. Coors is a family owned company that had humble beginnings in Colorado and within 100 years grew into a multimillion-dollar company. Coors’ controlled manufacturing process is a sign of their individuality in the beer industry, this was not an unknown fact, however, as they were receiving orders to ship Coors beer all across the nation as of 1972. The case study allowed an internal and external point of view, which was highly beneficial to properly analyze their upcoming problem within the company.
The business level strategy of Heineken is to grow the business in a sustainable and
This paper concedes John’s Labatt’s accomplishments as a skilled engineer in his trade of brewing. “[Having] a sense his water would suit the production” of the India pale ale formula he brought back with him from West Virginia was an intuitive geographical exploitation of his resources. This examination would also like to acknowledge the tactfulness and innovation displayed by John Labatt’s ability to brand and market. For example, his strategic use of a Labatt logo that “resembled Bass’s red triangle” was an ingenious way of stimulating British colonizers to free associate with a recognizable beer brand from back home. On the other hand, Labatt on more than one occasion failed to make adequate decisions that inevitably
Beer Company 2 is a brewer of “seasonal and year-round beers with smaller production volume and higher prices” that “outsources most of its brewing activity” (pg. 120). It is financially conservative, and has undergone a “major cost-savings initiative to counterbalance the recent surge in packaging and freight costs” (pg. 120).