The Canadian International Trade Tribunal

Deep Topics and others file a suit against CCS, alleging infringement of the plaintiffs’ intellectual property rights. Which type of intellectual property is involved in this situation? What is CCS’s likely defense? How is a court most likely to rule? Explain. 7) On May 1, Brand Name Industries, Inc. (BNI), sent Carol a letter, via overnight delivery, offering to employ her to audit BNI’s financial statements for the current year for $10,000. In the letter, BNI stated that Carol had ten days to accept. On May 5, Carol sent BNI a fax that stated, “The price for the audit seems too low. Would you consider paying $12,000?” BNI received the fax. The next day, Dan offered to conduct the audit for $8,000. On learning of Dan’s offer, Carol immediately emailed BNI, agreeing to do the work for $10,000. BNI received this e-mail on May 7. Explain why BNI and Carol do, or do not, have a contract.

M International and W Inc. have been engaged in long-standing litigation over a specific patent infringement matter. Pertains to the accounting for this contingency loss, this memo has made the following conclusions:

This is a case involving Mrs. Lomanno and her husband Mr. Lomanno. Mrs. Lomanno, who is the petitioner, filed a case contesting her liability for deficiencies or additions of tax for the year 1987 and 1988. The petitioner started working in the 1986 as a dietetic director at Kaiser Hospitals and later that year after Kaiser ceased operations worked for a nursing home as Director of Dieticians. In the year 1987, she started working as a sales representative for Practor-Care, Inc. she was in charge of marketing nutrition and food computer software to institutions in Ohio, Kentucky, Michigan and part of Pennsylvania, she ceased working in 1987 due to a difficult pregnancy she did not return to work. In the year 1987 her

-Lack of evaluation and no review process of service provision. A review process should be put in place and all partners must complete this and evaluations

The appellants complain that the tax court fail to apply debt-equity principles. The secondary inquiry cannot be reached unless the first question concerning whether an economic

Parties to the Case, Facts of the Case, and Business Reasons for the Dispute (30 points)

The overturning of the verdict means that M International will have to reduce the liability they accrued in 2009, but must wait until it is realized in 2011 because the reduction is treated like a gain contingency. Once the appellate judges declined W’s petition for a re-hearing, M can realize that they need to reduce the liability because they no longer have to pay the

3. Seeing that the dispute involved the sale of land, specific performance is the proper award for damages to the injured party.

Case 9 deals with a homeowner (the principle) who lists her property for sale and enters into an agreement with an agent to facilitate a sale with a third party. Over the course of the agency agreement a prospective buyer inspected the property but didn’t make an offer before the agency agreement expired. The legal issue that arises comes after the agency agreement expires. The prospective buyer later decided to put in an offer, which was accepted, but once discovering that the agreement between the principle and agent had expired brought legal action against the agent.

To properly understand the events a chronological descripcion of the litigation is to be provided.

As part of the "Final Judgement", Microsoft was prohibited from entering into agreements allowing them to fine OEM's for using

Microsoft’s policy enables competition between PC producers resulting in lower prices. This also causes stratification of the PCs resulting in low-end, average, and luxury versions.

The government has been looking into Microsoft since 1990, when the Federal Trade Commission first started examining charges of monopolistic behavior. In 1995, Microsoft and the U.S. Justice Department reached a settlement that required the company to change a variety of business practices, including key aspects of its licensing agreements with personal computer makers (2).

would use their leverage in one market area, such as graphical user interfaces, to gain

The concern here was that the lawyers do not have any certifications, schooling, or experience in judging cases. In the new ICS proposal there are changed made, as EU Commissioner Cecilia Malmstrom explains: