BUSINESS LAW 1018
Due: 9 pm Friday18thDecember
TOPIC 6(2): INTELLECTUAL PROPERTY LAW
TOPIC 7(1): CONTRACT LAW
CASE STUDY (20%)
“BuonAppetito – Smile on your Cheeko”
Pease read the following case study and complete the 4 assigned tasks
Ming is the proprietor of a Chinese restaurant, ‘Taste of China’, which is located in a busy suburban shopping centre where there are a number of other competing food outlets, including an Italian restaurant, ‘Taste of Italy’.Ming’s business is doing reasonably well; however, he wants to give it a more competitive edge. Bella, the proprietor of ‘Taste of Italy’, is concerned that since Ming’s business started operating her business is declining.
To promote his business Ming decides to design a website. Hehad trouble coming up with ideas for the content and layout, so he had a look to see what other restaurant websites looked like. Inspired by some of these websites Ming was able to design his own. .
Ming has since been contacted by Bella, the proprietor of ‘Taste of Italy’, who claims that Ming has copied her website, specifically the colour scheme, the font and the menu design. Bella also claims that he has copied the slogan ‘BuonAppetito – Smile on Your Cheeko’ from her website.
Ming insists that he did not deliberately copy the ‘Taste of Italy’ website; although it was one of the websites he looked at when he was planning his own.
(1) Is the Taste of Italy website, including the slogan, protected by copyright law?
(2) If so, explain how Ming has infringed Bella’s copyright?
(3) What remedy (remedies) is Bella seeking?
Ming is the registered holder of the business name ‘Taste of China’. An Asian fast food outlet, The Great Wall, has registered that term as a trade mark.
If Ming uses that name to market his restaurant, can The Great Wall take legal action to prevent Ming from doing so?
Bella writes to Ming offering to buy a 50 per cent share of his restaurant, Taste of China, for $150,000. In her letter Bella states that if she does not hear from Ming before 5.00 pm on Friday she will assume the offer has been accepted.
Ming does not want to sell any share of his restaurant to Bella, so he ignores the letter. It is now past 5.00pm Friday so Bella now claims that they have a binding agreement.
Explain whether or not there is an enforceable agreement between Bella and Ming.
In his spare time Ming enjoys playing computer games. He notices an advertisement for the sale of ‘Dotaar’, a new game, at DD Games. He visits DD Games and under a sign that states: ‘Special offer! Only $50’ he notices copies of ‘Dotaar’ on display. Thinking to himself that ‘this is an offer too good to refuse’, he picks one of the games from the stack, takes it to the counter and hands it to the cashier stating: ‘I’ll take this please’. Ming then remembers seeing the game on sale for $30 at another store, so he says to the cashier: ‘I’m sorry, I’ve changed my mind’. The cashier responds, ‘I’m afraid it’s too late. You have to buy this now. You are legally committed.’ When Ming refuses to pay for the game the cashier warns him that DD Games will be taking legal action to enforce payment.
Advise Ming whether the cashier is correct upon insisting that there is a legally binding agreement between Ming and DD Games.
TOTAL: 20 marks