Case summary:The company BFB, Inc. manufactures and sells alcoholic beverages. It authorized the company RB as the distributor of its products. The company RB applied for registration of the logo before the NYSLA. The authority rejected the application because the logo was not appropriate to be displayed in grocery stores where it would be exposed to children. The application was filed before the federal district court for an injunction against the order. The appeal was rejected, so the appeal was made before the U.S. Court of Appeal for Second Circuit. The injunction order was passed and the logo registration was allowed to the company BFB.
To Find: The person whose interests are advanced by putting a ban on a certain type of advertisement.
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Chapter 4 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
- BUSINESS LAW 3 - David Ungar holds a Dunkin’ Donut's franchise. The terms of his franchise agreement require him to use only those ingredients furnished by Dunkin’ Donuts. He is also required to buy its napkins, cups, and so on, with the Dunkin’ Donut's trademark on them. Is this an illegal tying arrangement? What if Dunkin’ Donuts maintains that it needs these requirements to maintain its quality levels on a nationwide basis? [Ungar v. Dunkin’ Donuts of America, Inc., 429 U.S 5 - Hines Cosmetic Co. sold beauty preparations nationally to beauty shops at a standard or fixed- price schedule. Some of the shops were also supplied with a free demonstrator and free advertising materials. The shops that were not supplied with them claimed that giving the free services and materials constituted unlawful price discrimination. Hines replied that there was no price discrimination because it charged everyone the same. What it was giving free was merely a promotional campaign that was not…arrow_forward96) What form of protection is provided to authors of original works? a) Copyright b) Trademark c) Trade secret d) Service markarrow_forwardOutline the key factors that determines fair use of copyrighted text under US lawarrow_forward
- ANTHEM’S AVOIDABLE EMERGENCY ROOM POLICYAnthem, one of the largest healthcare insurers in the United States, implemented an“avoidable ER” policy to help manage the care of its enrollees. The policy stated thatAnthem would not pay for emergency room visits if the company determined that the visitwas not necessary. The policy, which was instituted in six states beginning in 2015, wasmeant to encourage patients to seek care in appropriate settings. However, providers feelthat this policy might cause patients to avoid emergency treatment, even when it isnecessary. In response to customer and provider complaints, Anthem created severalexceptions: Claims will be covered if a healthcare provider tells a patient to go to theemergency room, if the patient is under 15 years of age, if the patient is outside his or her state of residence, and if the patient had a CT scan or MRI or underwent surgery. Still,providers are unhappy with the policy (Livingston 2018). What other solutions could be used…arrow_forwardthe major federal legislation in Canada that defines illegal practices, including price fixing, bid rigging, price discrimination, predatory pricing, double ticketing, resale price maintenance, bait and switch selling, and pyramid selling occurs when false or deceptive comparisons or distorted claims are made concerning a competitor's product, services, or property comprise principle and standards that guide behaviour in the world of business may be incurred when an unfair and untrue statement is made about a competitor in writing the statement becomes actionable when it is communicated to a third party and can be interpreted as damaging the company the foundation for partnering-style relationship, product, customer, and presentation strategies an attempt to influence the person receiving the "gift"prohibits joining a competing firm for a year after they leave mutual exchange of benefits, as when a firm buys products from its customer the buyer wants to do business with an institution…arrow_forwardAssume Illinois passes a law requiring doctors to be certified before providing medical services to citizens of Illinois. You represent a client who is licensed to practice medicine in Indiana. Your client recently administered a drug to a patient in an emergency room of an Illinois hospital located right across the border of Indiana and Illinois. She is fined $50,000 and refuses to pay. What constitutional arguments can you make on your client’s behalf as to why this law is unconstitutional as applied to her.arrow_forward
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