Plaintiff, Suzie Starr (“Plaintiff”), brings suit against Fullback Steakhouses, Inc. (“Fullback”) and Fullback’s CEO, John Ritchie for damages arising out of a commercial run by Fullback in August of 2016. The Plaintiff is a prominent health food and lifestyle guru. Fullback Steakhouses, Inc. is a chain of sports bars located and incorporated in New York. John Ritchie serves as CEO of Fullback Steakhouses, Inc., and resides in New York. The commercial advertisement in controversy features a cartoon robot dining at one of Fullback’s dining establishments. The Plaintiff contends that the cartoon robot that appears in the commercial advertisement produced by Fullback misappropriates her likeness and violates New York’s statutory right of privacy. The Plaintiff seeks injunctive relief; compensatory damages; punitive damages, to the fullest extent permitted by law; an award of interest, costs and attorney’s fees; and such other relief as the court deems appropriate. STATEMENT OF FACTS In August of …show more content…
A portrait or picture, within the meaning of the statute, means “any recognizable likeness of a person”, which may include a drawing, painting, sketch, cartoon, or a caricature. However, to constitute a portrait or picture, the likeness must be to such a degree that the individual’s image is instantly recognizable and not a mere reference to the person. Onassis v. Christian Dior-New York, 472 N.Y.S.2d 254 (Sup. Ct. 1984). Further, while the law does prohibit one from representing themselves as another person, it does not prohibit one from evoking mere characteristics of another individual. Allen v. National Video, Inc., 610 F. Supp. 612 (S.D.N.Y. 1985). In this case, Fullback’s cartoon robot is not a portrait or a picture because Plaintiff’s image is not instantly recognizable in the cartoon robot. The cartoon simply possesses similar traits to those of the
Senior Management of PepsiCo is evaluating the potential acquisition of two companies – Carts of Colorado and California Pizza Kitchen – in order to expand the company’s restaurant business. If indeed PepsiCo decides to pursue the acquisition of one or both, they must decide how to align each of these business units in its historically decentralized management approach and how to forge relationships between the acquired business units and existing business units. In their evaluation, Senior Management is faced with the question of whether the necessary capital investment in order to purchase one or both of the businesses can be profitable for each of the acquired business units, but must
Quality Associates, Inc., a consulting firm, advises its clients about sampling and statistical procedures that can be used to control their manufacturing processes. IN one particular application, a client game quality associates a sample of 800 observations taken during a time in which that client's process was operating satisfactorily. The sample standard deviation for there data was .21 ; hence, with so much data, the population standard deviation was assumed to be .21. Quality associates then suggested that random samples of size 30 be taken periodically to monitor the process on an ongoing basis. BY analyzing the new samples, the client could quickly learn whether the process was operating satisfactorily. when the process was not
About everyone at some age, at some point or another, and in some country has gotten a sample of American's symbol for fast food through the golden arches of McDonald's. This report will attempt to analyze the external and internal sectors that affect the company's success. The external analysis will provide opportunities and threats while the internal analysis will show indicators of strength and weakness. It will then follow up with critical issues, strategic alternatives, recommendations and implementation. The case studied is found in Appendix 2 of Mary Coulter's "Strategic Management in Action" book.
Herein will begin with an overview and introduction from personal knowledge of DixieLands Glory, LLC; a small family owned and operated business for the purpose of owning and managing rental properties. The company was initially operated as Warf’s Rentals; in 2003 the business was renamed and incorporated to become DixieLands Glory, LLC. The business is operated from a small office located in the family’s home, which is located in Linden, Tennessee. DixieLands Glory owns, operate, and manage approximately eighty-five rental units ranging from single-family homes to 4-plexes and mobile home parks. The properties that the company owns are mostly located in the states of Tennessee and Alabama. Of this, about 50 percent are located in the family’s hometown of Linden, Tennessee, with the remainder being located in two other Tennessee counties, and Decatur, Alabama.
The breach of contract filed by McDonalds against Simon Marketing was eventually tossed out of court as the US District Justice ruled the case did not belong in federal court. Simon Marketing filed suit against McDonalds on October 23, 2001 asking for 1.9 billion in damages on charges of fraud, breach of contract, breach of licensing agreement and defamation. Simon Marketing alleged that by keeping them in the dark during the nearly year long FBI investigation, McDonald’s ran a fraudulent campaign to intentionally destroy Simon for its own public relations and financial benefit.” (Anonymous, 2002, para. 3-6).
Saxonville sausage, a privately held company has been doing business for 70 years. In 2005, the company had revenues of approximately $1.5 billion from a variety of its fresh pork sausages. The company is producing three main types of products namely: bratwurst, breakfast sausage and an Italian sausage Vivio. The main source of revenue for the company is bratwurst (70%) followed by breakfast sausage (20%). But since 2004, the company is experiencing problems: bratwurst and breakfast sausage has been facing a stagnant growth; however Saxonville, due to poor performance with breakfast sausage had a double digit decline in revenues which resulted in being ranked 6 out of 8 in market share of the
Mr. Phimphrachanh wants to draw $100,000 from the business by the end of 2006. But based on his financial projections, the after tax net income is less than $100,000. Moreover, there are some other factors that he should consider.
Objectifying women is the second unethical practice at Hooter’s Inc. The Hooters Girls are being physically objectified in the workplace. The Hooter’s Girls must keep up with an objectifying appearance, as well as act a certain way when dealing with their customers (Hooters.com). They must act in a way that they are selling their personalities, to their customers. Customers are more drawn to the Hooter’s Inc. establishment for the “Hooter’s experience” than because of the food being sold at the restaurant. Many of the waitresses may feel as if this is a degrading position. This has led to an unethical work environment.
Kate is the owner of a successful business, selling women’s shoes. Her business is expanding fast and she wants to upgrade her business structure to a more appropriate one. What would be your recommendation to Kate and why? What are the factors that influence you with this advice?
The element of the statute requiring that the plaintiff’s likeness be used without her consent will not be satisfied in this case. This is because no viewer could mistake the robot used as Ms. Celebrity, Ms. Celebrity’s persona was
“Re/Max Alliance on Walnut is a real estate company that was formed when Walnut Realty Inc. and Re/Max Alliance decided to merge together for the benefit of the two firms and their resources,”(Boulder). Walnut Realty Inc. was a one of a kind real estate company running out of Boulder, Colorado while Re/Max Alliance can be found around the company but also had their own branch in Boulder, Colorado. “Walnut Realty Inc. and Re/Max Alliance joined together in 2012 and have been successfully ruining for 2 years in the same location that Walnut Realty Inc. has been in since 1975,” (Hardy).With this merger Walnut Realty Inc. and Re/Max Alliance has brought together two very strong and knowledgeable teams from both locations to work together. Re/Max Alliance on Walnut specializes in luxury Real Estate from Boulder to Denver, Colorado. Boulder, Colorado has an extensive real estate market and because of this has an abundance of realtors and real estate companies. Although Colorado does not release rankings of these real estate companies on can always here a silent chatter about Re/Max Alliance on Walnut and the work that they do. As many know in 2009 the housing market hit a rapid decline, since then all of Boulders housing market has been on the rise. Many houses are selling for full asking price and cash offers. Boulder is currently facing a shortage of houses on the market for all the clients looking to relocate.
The Johnsonville Sausage Co. (A) case study from Harvard Business School is about Johnsonville Sausage Co, a sausage manufacturer and wholesaler in Johnsonville, Wisconsin. As the company grew over time, the president of Johnsonville Sausage Co., Ralph Stayer, faced many big problems in his organization. After Stayer listened to a lecture about how managers could change their philosophy and style of management from Dr. Lee Thayer, a professor at the University of Wisconsin, Stayer thought about his organization and found out that the problems in his organization were the result of the way he managed his
In 1954 Ray Kroc became the first franchisee appointed by Mac and Dick McDonald in San
Answer to Question 1. MITRE is following the committed expert strategy. Its recruiting focus is targeted. MITRE does not resort to broad recruiting channels because it’s costly and doesn’t attract the right kind of candidates. MITRE mostly uses internal sources to hire new people. The company’s current employees do most of the recruitment and, in return, they get bonuses and opportunities to improve their team by suggesting candidates that they find suitable.
• The phenomenal increase is facilitated by an annual 10% growth in the amount that Americans spent on meals away from home.