Reference no: EM133375640

Case Study: Tom Christopoul was a Greek Immigrant to the United States. He came to America with his family to search for the American Dream. He and his family lived out of his car and lived on campgrounds while they were trying to figure out where they wanted to settle. While living on a campground in North Carolina, Tom had his first Pepsi. He loved the taste and decided to look at the ingredients on the can to see if he could invent his own soft drink. Over the next three weeks, Tom using the contents listed on the Pepsi can, was able to produce something that tasted exactly like Pepsi. He asked a number of people to taste his invention and everyone loved it. He took the formula he precisely created and filed it with the United States Patent and Trademark Office ("USPTO"). The USPTO agreed to examine the application. In two years a patent was granted. Tom found a manufacturer, distributor and bottler and Tom's Cola was born.

Based upon their new found luck, the Christopoul' s decided to make North Carolina their home. While looking for a place to live, the Christopoul' s stumbled across about 3 acres of property in the middle of nowhere. There was a sign hanging sideways on a tree that said No Trespass. The sign was very faded and was hanging sideways. It was visible to passersby but difficult to read. The Christopoul' s love the property and America so much they decided to settle on this property. In a year, on their own, they built a home with a two car garage surrounded by a beautiful picket fence. The adverse possession statute in North Carolina is 10 years.

While building their property, Tom's car needed a new transmission. He drove his car to Terry's Transmissions and left the keys with Terry. Terry parked the vehicle in his fenced property that is locked. Overnight, some felons broke in and stole the tires off of Tom's vehicles and some lose objects that remained in the vehicle when it was dropped off.

Questions:

a. Pepsi, upon learning about the Tom's cola product, sued Tom directly for patent infringement. Please discuss whether or not Tom's actions constituted infringement.

b. Eleven years after the Christopoul' s moved onto the property, Owen Owner drove by and saw what the Christopoul' s had done. Owen immediately instituted a law suit to evict the Chritopouls. The Christopoul' s claimed the property was now theirs under the principal of adverse possession. Who wins and why?

c. The Christopoul's sued Terry for negligence in ensuring the safety of their vehicle on Terry's property. Terry denied liability stating he could not have anticipated that someone would still Tom's tires and that the lot fence was locked. Once again who wins and why?