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This question was answered on Apr 11, 2017.

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(1) A disgruntled employee steals a removable disk drive from his boss the day he was fired. He discovered that the removable disk had the following: a. a list of the Company’s clients…purchasers of the widget the Company sells b. the design specifications and pictures of a prototype for the new model of the widget that is set to commercialize in 2016 c. the Company’s brands and logos d. marketing campaign materials including advertisement artwork and model press releases for the launch of the new widgets e. the Company’s formula for the special fuel for the widget f. a video produced by the Human Resources department regarding inter-office relationships   The now former employee sells the removable disk drive to a Company’s Competitor.  For each item listed above state what the protectable property interests implicated are in the event the Competitor uses the information contained in the disk drive?    (2) John Wintermute told his co-worker Alex Dean that he was planning to write a song about legalizing marijuana. Alex thought a song about legalizing marijuana would be a great way to book some new gigs so he talked to his bandmates Alexia Rose and Michelle Martinez about writing a song about legalizing marijuana. The trio wrote the lyrics and the music to the song in one day and recorded a demo and sent it out to record labels. A few months later John hears the song on the radio and feels betrayed by Alex. He sues Alex for copyright infringement. One of the matters before the court is whether John had a protectable copyright interest.  Does he? Please explain your answer.     (3) Alberto and Max executed a partnership agreement to conduct their printing and embroidery business. Unfortunately the business lost a lot of money in its first year. When it came down to addressing the partnership’s losses that year however Alberto insisted that they had agreed that Alberto was responsible for 40% of the losses and Max was responsible for 60% because Alberto did more work in the partnership and Max did nothing. Max denies Alberto’s claim and insists that the partners would split losses 50%/50%. The partnership agreement is silent with respect to the sharing of losses and profits. Who is correct Alberto or Max? Why? Now suppose that in the following year the partnership is profitable. Alberto maintains that even though the partnership agreement is silent with respect to profits because he provided 60% of the capital contributions when the partnership was started he deserves 60% of the profits.  Is Alberto correct? Why?  Suppose the partnership agreement did provide that the partners would share profits 60%/40% and in the following year the business also did not do so well and the partnership was in the red and reported losses at the end of the third fiscal year. How do the parties share in the losses for year 3?      (4)  What is one advantage and one disadvantage of running your business as a Sole Proprietorship? What is one advantage and one disadvantage of running your business as a Partnership? What is one advantage and one disadvantage of running your business as a Corporation? (10 pts)


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  • STATUSAnswered
  • CATEGORYMarketing
  • DATE ANSWEREDApr 11, 2017
  • EXPERTSPQR

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