Case Study Atkins V. Fischer - 1174 Words

Atkins operates an advertising, and marketing firm and was contracted by Fischer to create the logo and brand identity of for both the bottle label and the six-pack carrier of the beer he created called Redneck Beer . The parties entered into an agreement which contained the following provision: â€Å"Ownership and possession of all underlying creative work developed and supplied by Leslie Atkins Communications shall remain the exclusive property of Leslie Atkins Communications; creative work includes, but is not limited to, sketches, copy, photographs, illustrations, type, and mechanical art boards.† (Atkins v. Fischer) Because Fischer was not satisfied with Atkins designs, he decided to contract another firm to create other designs.†¦show more content†¦The allegation of copyright infringement is formed on the claim that the way Fischer used the designs exceeded the scope of the non-exclusive license. Unfortunately, there weren’t any specification in the agreement that showed what rights to those designs were being licensed to Fischer. There wasn’t a clear explanation if Fischer non-exclusive license was to use the designs for the commercial manufacture or if it was a more limited. While Atkins argued that the designs were meant to be used only in the first phase of the agreement (a sales tool at a convention), Fishers stated that designs created on the first stage were also meant to be used in the second phase of the agreement. The court stated: â€Å"The two-stage written agreement between the parties sheds little light on whether completion of the first stage of the agree ment implied a grant of a non-exclusive license to use Atkins copyrighted designs for commercial production or merely as a sales tool at the convention† (Atkins v. Fischer). Since the agreement didn t provide enough information about the scope of the rights of the designs being licensed, the district court concluded that Fischer had an implied non-exclusive license to use Atkins work in the commercial production of the beer. Substantial Similarities The case also covered the issue whether the designs createdShow MoreRelatedEbooks Solution Manuals and Test Banks for Text Books19223 Words   |  77 PagesHealth by Rebecca J. Donatelle, Emeritus,Patricia Ketcham 12 Instructor’s Manual Access to Health by Rebecca J. Donatelle, Emeritus,Patricia Ketcham 12 Test Bank Accounting and Auditing Research Tools and Strategies by Weirich, Pearson, Churyk 7 Cases Solutions Accounting and Auditing Research Tools and Strategies by Weirich, Pearson, Churyk 7 Solution Manual Accounting by Carl S. Warren, James M. Reeve 24 Instructor’s Manual Accounting by Carl S. Warren, James M. Reeve 24 Test Bank AccountingRead MoreStrategic Marketing Management337596 Words   |  1351 Pagesexposure to marketing principles, if not to marketing practice. The intended market of the book comprises the following segments: âž ¡ Students reading for degrees involving marketing (especially MBA candidates and senior undergraduates following business studies programmes) âž ¡ Students of The Chartered Institute of Marketing who are preparing for the Marketing Planning paper in the CIM’s Diploma examinations âž ¡ Marketing practitioners who will benefit from a comprehensive review of current thinking in the field