Brannon Melton June 28, 2023 Written Assignment 2 "I declare and affirm that the work submitted for this assignment is my own work product from my own labor, efforts, and endeavors, and that I did not receive, seek, offer, or accept unauthorized aid or assistance or use of the work product of another, unless otherwise so stated fully and completely herein."
Letter from Kentucky Fried Chicken for using the abbreviation "KFC" Considering you are not in the same market as Kentucky Fried Chicken and there is no association between your marks and theirs, and because you are only using the acronym "KFC", there is no evidence showing that you are infringing or diluting on Kentucky Fried Chicken's trademark. It's important to reference the Lanham Act of 1946 when comparing but, to avoid further altercations, it's recommended that you no longer use the abbreviation "KFC". Instead, use the full name of your company. Does a contract exist between the CFO of UNA and Kyle? Because there was a previous contract in place with UNA, and because the CFO did not communicate a means to you accepting the contract, your response to meet the terms of the contract would suggest that, due to your conduct, you have accepted UNA's terms, validating an express bilateral contract. How should Kyle respond when the CFO calls about the produce? The best approach to handling the delays would be to, first, call the CFO to notify them of the delays as soon as possible. This could help you avoid a potentially negative response from UNA and could possibly allow you to have the opportunity to offer a cure, discuss newer terms of the contract, or discuss the possibility of UNA accepting performance that is different from the performance than what was previously provided, this also known as discharge by Accord and satisfaction. Offering a bonus to make up for missing a call from UNA's CFO. As a business owner who is looking to expand, it's important to have someone available to receive calls/voicemail while you are away. Asking any employee to work 24 hours a day, 7 days a week to make up for your mistake is unethical and it puts a lot of pressure on your employee.
Having someone delegated to receive your calls would have prevented you from being a week late and could have prevented several issues that you are now facing with your production manager. Employee needs to detox, but not before getting new production plan operational. Having an employee working while they are knowingly under the influence and in need of rehabilitation is never a good idea. Knowingly having someone intoxicated while working increase the chances of facing damages, you are pressuring them to work with undue influence. Do you have to pay Scooter the bonus? Yes, you should pay Scooter the bonus. The fact that he began using drugs doesn't affect this contract whereas he was not intoxicated when he agreed to the contract. The contract between you and Scooter is a valid unilateral contract and he has the right to receive that bonus considering he fulfilled his duties before leaving for substance abuse rehabilitation. Announcing Kentucky Fried Chicken's letter to employees, resulting in damage to property Your employees throwing objects at one of Kentucky Fried Chicken's trucks, causing it to run off the run, could have been much worse, possibly resulting in the loss of someone's life. Luckily, you are only facing compensatory and possibly punitive damages. In addition to changing your name, it's highly advised that you come to some sort of agreement outside of the court room to avoid litigation and additional costs. Contract with Slogans R Us This contract can remain valid as long as your billboards do not appear similar to Kentucky Fried Chicken's and as long as it is clear that you are not in the same market and trying to earn profit by using the abbreviation "KFC". Again, t's recommended that you find a new approach to advertising and just use your full name and not the abbreviation.
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