Intellectual Property and Trade Practices (Law2495)

$10.00

Memorandum

 

SKU: Repo000689

Case Study

In the TV series ‘Modern Family’ (season 2 episode 22) Gloria convinces Jay to listen to the business proposal of Grigio. Unfortunately Jay is not convinced the proposal would succeed. However, what if it would succeed?

Assume Grigio is our client seeking legal advice as to how to protect his intellectual property.

Watch the relevant part of the episode and choose 2 areas of intellectual property to research.

After you have completed your research prepare a legal memorandum to your supervising solicitor setting out how to protect Grigio’s IP rights in the two areas you have researched and also discussing whether he would be successful in his applications.

In your research you will need to conduct the appropriate searches and to also include the results in the legal memorandum.

Your legal memorandum will need to be correctly referenced with a bibliography attached.

NB:

If you do not wish to watch the whole episode there are only two experts that are relevant;

  1. 4.07 mins-5.28 mins
  2. 7.00 mins- 8.50mins

Include all this in the memorandum:

Relevant law

Relevant cases

Demonstration of appropriate ip searches

Clarity of grammar and spelling

Citation and bibliography

  • Its an idea so if it wasn’t recorded it wouldn’t be protected
  • If he wrote instructions it would be copyrighted
  • He couldn’t protect the bad doggy good doggy because it’s a name
  • He has the right to get protected under the ACL
  • He could be protecting the invention “good doggy bad doggy”
  • Trademark “possible logos” – e.g. a dog as a logo
  • Design around that good doggy bad doggy system. He might look at a design and protect that.
  • Confidential information would be relevant “ what’s in the treats” – the recipe, he’s spilt the recipe to Gloria and the husband so that could be confidential.

How to write a memorandum:

Purpose:

  • The purpose of this memorandum is to provide you with information about mr gorgaria rights and how his rights are protected under the ACL.

Background/ facts:

  • Briefly describe the product so that solicitor has a good idea of what the product is and what the facts are.

Issues:

Relevant law:

Recommendations:

  • Making recommendations to the solicitor because as a paralegal you can’t give advice.

Talk about two areas of Intellectual property law, talk about one area then talk about another area.

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