Business Law

Question 1: For five years, clothing makers and marketers Style-One Corporation and Trend Now, Inc., both use the phrase “Looks Great” on their labels. Style-One files a suit against Trend Now, claiming trademark infringement. Trend Now argues that the phrase generally is not associated with any particular firm and that other companies use the same phrase on their labels and in their ads. In whose favor is the court most likely to rule, and why?

In this case, Trend Now argues that there are many other companies who are also using the same phrase on their labels and in their ads. “Looks Great” is a phrase, which if patented by the style one corporation could not be used by any other company. In this case, style one corporation has not patented its phrase for five years. Thus, the court is more likely to give orders or rules in favor of Trend New.

Question 2: Isabel owns a house, which she advertises for sale for $300,000. On April 1, Jon-Pierre offers Isabel $280,000 for the house. On April 5, Isabel has delivered to Jon-Pierre at his office a form that includes additional terms but does not state a price. At 9 a.m. on April 6, Jon-Pierre signs the form and gives it to Karla, his administrative assistant, with instructions to mail it. At 10 a.m., Isabel calls to tell Jon-Pierre that the deal is off. The next day, Karla mails the signed form to Isabel. When Isabel refuses to sell the house to Jon-Pierre, he files a suit against her, alleging breach of contract. Isabel claims that there was no contract. What are arguments supporting each party’s position? What is the court likely to rule? Explain.

There is no contract between Isabel and Jon Pierre as there was no consideration mentioned in the form. Secondly, before sending signed form back to Isabel, Jon-Pierre know that the “deal is off”. Thirdly, the form was mailed after the “deal is off” and Jon Pierre was not the one to put the form in the mail. The court is likely to rule in favor of Isabel, as there is no...