Brief crash proof retirement v price utilizing

Assignment Help Business Law and Ethics

Reference no: EM133201719 , Length: 3 pages

Legal Environment of Business

You are a compliance executive at a professional services firm. The client, Hart, is a young entrepreneur who has created a series of videos and power point slides on YouTube, and he presents these videos as a roadmap for undergraduates on how to succeed in college. He provides advice on time management, notetaking, outlining, active listening and strategies on writing papers and test taking. He markets these videos as Hart's Helpful Hints to Undergraduate Success (HHH) with additional teaser videos to entice potential subscribers to pay for access to a password protected site. Within a year, business was good. Hart earned revenue from the cost of the subscriptions and the sponsors who paid to advertise on Hart's website.

Eventually, Kingsfield, a retired professor, issued highly critical critiques of HHH on YouTube and social media. In the few months following his criticism, subscriptions and advertising revenue tapered off fairly significantly. Hart is convinced the revenue losses are due to Kingsfield's actions.

You have been instructed to determine if the client Hart can be successful in a Lanham Act claim against Kingsfield. Assume Crash Proof Retirement v. Price is precedent in your jurisdiction.

Question 1. Brief Crash Proof Retirement v. Price utilizing the method provided during class. The general form appears under "Week 2-4. Homework Assignment" under "Briefing Method." (Do not use the method discussed in the Text or any other briefing method!) Provide a complete brief (not a skeleton brief). Include: Case caption (name & citation), Facts, Issue, Proc. Hist., Holding, and Rationale (approximately ½ to ¾ page.)
This is the 1st page of your submission.

Question 2. Based on the Crash Proof Retirement court's reasoning, compose a one-page memo (max.) to the client Hart analyzing his chances of success in proving that Kingsfield violated the Lanham Act. Be certain to explain in your response whether the three factors that courts consider in deciding whether speech is commercial are met here.
This starts on the 2nd page of your submission.

Question 3. Can Kingfield's critiques of HHH on YouTube be justified under a duty-based ethics theory? If so, how? If not, why not? Be sure to define the specific duty-based ethics theory you use in your response.

Reference no: EM133201719

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