Trademarks
Trademarks are some intellectual property that consists of recognizable designs, expressions, or signs that indicate that specific products come from particular sources. The owner of trademarks can be businesses, organizations, legal entities, or individuals. Trademarks can be located on vouchers, labels, packages, or on the products themselves. Company buildings often display trademarks as a means of corporate identity. Contrary, service marks are logos or brand names that symbolize the providers of services. Service marks may include phrases, designs, symbols, words, or a combination of all these elements. The difference between service marks and trademarks is that service marks are used in the advertisement of services and not on packages.
In 2014, ZW USA Inc. sued PWD Systems, alleging the infringement of the ONEPUL mark that it uses on its disposal bags to symbolize that its bags are disposable by one pull. The plaintiff ZW Inc. had secured the registration of ONEPUL as its mark without the requirement of demonstrating the distinctiveness in the market. The defendant PWD got into the market using the trade name Bag Spot. However, it used “one Pull” as a phrase to describe its bags. After ZW suing for infringement, the defendant counterclaimed targeting to invalidate the ONEPUL mark. The mark was found valid by The District Court, but the summary judgment was in favor of PWD. It explained that using the term “one pull” in the description of bags would not cause any consumer confusion.
On 7th March 2016, Erin Andrews was awarded $55 million in the case of Andrews v. Marriott. It was because of a stalking incident that happened in 2008, which was followed by the “peeping tom” video. Andrews had been recorded secretly by Michael Barrett, her stalker. The plaintiff, Erin Andrews, made claims that the management and owners of West End Hotel and Windsor Hotel were negligent about her privacy. The entities were the owners of Nashville Marriot, which was the place where the incident occurred. They informed Barrett that Erin Andrews had booked a room at that hotel and even allowed him to book an adjacent room without notifying her. She claimed that she had suffered emotional distress at the time and continued suffering afterward because of the intrusion of privacy.
The video received an online view of more than 17 million people. The defendant claimed Barrett was responsible for the incident because the hotel could not have anticipated his plans. The defendant also argued Andrews had enjoyed professional and financial success, which was a sign that she was not affected by the incident.
The hotel was found 49% responsible for the $27 million damage fee by the jury. Barrett, who was the other defendant, was found 51% liable for $28 million. It can be learned from the case that hotel rooms should be places of privacy, and it is a violation to invade people’s privacy in hotels. Another lesson learned is that hotels have obligations of updating the customers with all the important information in regards to their privacy, It is clear that if Andrews had been informed about Barrette, the incident would not have happened. Lastly, it can be learned that heavy penalties should be put on those that invade other people’s privacy in hotels to stop this practice.
Copyright is defined as the exclusive rights that are given to the creators of creative works to reproduce the particular work for a specific period. The fields where copyright may apply include music, art, literature, and education. The main aim of copyright is to protect the way original ideas are expressed in the creative work form. Copyrights are subjects to limitations which is based on
Consideration of the public interest. There are jurisdictions that require the fixing of copyrighted work in forms that are tangible. They are often shared between various authors who each hold specific rights to license or use the work. They are commonly known as rights holders. The rights mostly include distribution, reproduction, moral rights, derivative works control, and public performance. The copyright law provides protection on work instantly after its creation. Once someone begins creating work and follows all the copyright laws, they become protected.
Star Wars Vs. The Battlestar Galactica is among the most common cases that are related to copyright infringement. Galactica was released after the success of the 1977 Star Wars film. The plaintiff, 20th Century, sued Universal Studios (producers of Battlestar Galactica) because it claimed it had stolen a total of 34 district ideas from Star Wars. The defendant, Universal studios, told the court it had only used a few effects similar to those of Star Wars, for example, the friendly robot. Universal Studios went for summary judgment, and the District Court of California agreed to offer summary judgment. It claimed the work was similar on a general level. It argued that the way the ideas had some duplication element. It ruled in favor of the 2oth Century because it was the original brain behind the idea.
Nevada’s statutory law states that a person that sells or serves alcoholic beverages to persons over the age of 21 years does not bear any liability for damages that are associated with the intoxicated person. Nevertheless, the business or person may become liable for any damages and injuries if the beverage is sold to a person below 21 years. Many hotels and restaurants in the field of hospitality serve alcoholic beverages. They are licensed by the Alcoholic Beverage Controlling Agencies. Most states require additional certification and training for those involved in selling alcohol.
Businesses in hospitality should know how to identify people who are intoxicated. It is because customers can cause accidents after drinking too much. The serving entity is legally held responsible when such cases occur. In the lawsuit involving dram shop, the relationship of the plaintiff with a defendant is what determines the type of claim that can be filed. It depends on the person that gets injured. A dram shop plaintiff will either have a third party or first-party liability case. First party liability is when the drunkard was over-served and files suit to get compensation from the hotel if they injured someone because of intoxication. Third-party liability is when a person was over-served and in the process of being drunk injured a third person. These two scenarios can make a Nevada business get into serious trouble because of selling and serving alcohol inappropriately. Bartenders should know the age of the customers by checking appropriate identification so as to avoid selling alcohol to underage, they should also avoid serving so many drinks within a short time. Lastly they should be able to tell the signs of someone that is intoxicated.
Most hotels and restaurants are clean and safe places where a person can enjoy nice food and a refreshing beverage. Despite the strict food handling regulations and law, many patrons still become sick because of food poisoning. Some of the common causes of the food poisoning are; poor food temperatures, cross-contamination, poor employee hygiene, ill food handlers, and tainted ingredients. Since most foodborne illnesses don’t have long term effects, people can recover quickly with no medical treatment. Nevertheless, it is wise to always get medical consultation if one gets concerned on the seriousness of the sickness. There are two tests that have been adopted to test for liability. The first is the test done on stool which can reveal the germs in the stomach. They can even reveal the DNA fingerprint of the particular germs and help prescribe the appropriate medication. The microscopic exams also reveal parasites that might be in one’s body. However, stool tests are sometimes inaccurate and can take long periods. The second test is the blood test which is faster compared to the stool test. The results are obtained within a few hours. It is because food in the stomach is absorbed into the bloodstreams within a short period. Nevada should adopt CT scans as a way of investigating food poisoning cases. The tests are not often used but can greatly help know the cause of food poisoning.
. Hotel guests have various rights that ensure their comfortable stay. The first right is that they are entitled to be provided high standards of security. The hotel management should ensure the doors and windows lock properly to avoid theft of the guest’s belonging. The room numbers should also be made confidential to avoid intrusion of privacy. Guests also have a right to safety, which means the hotel should remove or isolate any hazardous condition, for example, removing ice and snow from the walkways. The hotels should also observe all building codes by ensuring they have fire regulators, an emergency exists, and the right type of elevators. Lastly, the guests have the right to be provided with proper conditions like sanitary bathroom facilities, air conditioning, and adequate ventilation. The rooms should be free insects or any other pests. On the contrary, the hotel operators have the right to get paid for the service they provide. The payment should be made according to the agreement terms made with the guests. The operator also has the right to ensure nothing is damaged in the hotel. They have the right to be compensated in case of any damages made to the hotel
Playing music in public, whether in a pub, restaurant, or hotel, requires one to apply for an additional license. This is subject to the 1957 Copyright Act, which requires anybody playing pre-recorded music for non-private purposes to take a license from Copyright Society, namely Phonographic Performance Limited. It is also mandatory to have a license so as to play the music published by companies registered under this body. However, the guest can play music inside their rooms in low volumes as a form of entertainment. The music should not disturb other guests who are in different rooms because some prefer silence in their rooms while others have different tastes in music. One can also play music safely in open halls provided in hotels where one can play loud music without interfering with the privacy of others. Lastly, one can also play music safely in relaxation facilities like the gym or spars where the music is controlled to help in relaxation of the body.