Lyons V American College Of Vet Sports Medicine Case Study

Improved Essays
AMERICAN VETERINARY MEDICAL ASSOCIATION
MEMORANDUM
23RD NOV. 2017
To: The Chairperson of the Board
From: Tom Sawyer
Subject: Trademark Infringement: Lyons V. American College Of Veterinary Sports Medicine. & Rehabilitation.
The adoption of various intellectual property laws has been critical in safeguarding the innovations and inventions in the contemporary society. The Lyons versus American College of Veterinary Sports Medicine and Rehabilitation case depicts a situation in which ideal trademark infringement scenario between two parties. I therefore would like to bring to your attention the pertinent legal issues in the case:
The underlying factors in the trademark infringement
One of the important issues that are prominent in the case is whether Sheila Lyons,
…show more content…
According to the U.S Code 1114 on Infringement, any reproduction of a registered mark without the consent of the author shall be liable for a lawsuit (Legal Information Institute). Legally, after the committee dismissed Lyons, it was supposed to follow the required legal framework that was going to ensure that the company acquires a new name or modifies the name, "The American College of Veterinary Sports Medicine and Rehabilitation,". This measure could have avoided the lawsuit that Lyons filed since she is the one who had the copyright of the business. According to the copyright law, the certificate of registration that Lyon acquired when registering the company was used by the plaintiff. Since the vital documents were acquired before Lyons partnered with other veterinaries, she had the right to claim intellectual property. Hence the defendant was merely using her property to run the organization. Lyons was also able to prove ownership of the original copyright. In this scenario, the court should have found the plaintiff liable for copyright

Related Documents

  • Improved Essays

    Warshall V. Price Case

    • 1010 Words
    • 5 Pages

    As in the Warshall v. Price case, conversion is an appropriate cause of action even if the specific property converted has no inherent value. While it is true that the business card itself had no actual value as property, considering it is simply paper, it is still capable of being converted because it was the future business revenue that our client would have received had he been able to make contact with Nieves. When Finn took possession of the card, without authorization, she deprived our client of the benefit of the information on the card and used it to our clients disadvantage, and thus will likely be liable for…

    • 1010 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Appellant brought suit in the Southern District of New York, asserting claims of trademark infringement, trademark dilution and unfair competition. The appellee moved to dismiss the action for lack of personal jurisdiction. The appellant asserted that New York had personal jurisdiction over the appellee based his main argument that stated because King's website was accessible in New York, King could have foreseen that it would be viewed in New York, and should have restricted its access to users located in Missouri only. The District Court dismissed the appellant’s complaint against King based lack of personal…

    • 407 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Case name: Rankin v. McPherson, 483 U.S. 378 (1987) Facts: Ardith McPherson was appointed a deputy in the Constable’s office of Harris County, Texas, on January 12, 1981. Her duties were only clerical. On March 30, 1981, McPherson discussed with her boyfriend, and fellow employee, a report about an attempt to assassinate the President of the United States. She made the remark “If they go for him again, I hope they get him”. Her remark was reported to Constable Rankin, who fired McPherson, even though she told him she did not mean anything by it.…

    • 983 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    The case of Brandt v. Boston Scientific Corporation and Sarah Bush Lincoln health center. This was a case where a patient Brenda Brandt was seen for a medical condition. While being treated for the condition the medical center she was implanted with a product that would be subsequently be recalled after her surgery. I was recall because it caused server medical complications with patients. Mrs. Brandt files a suit against the medical center and the manufacture Boston Scientific Corporation of the product which was implanted in her for a breach of warranty the Health center file a motion to have the case thrown out.…

    • 147 Words
    • 1 Pages
    Decent Essays
  • Superior Essays

    Student protestors of Gallaudet University presented the Gallaudet University Board of Trustees with four demands: 1. The resignation of the newly appointed university president Elizabeth Zinser, a hearing person, and the selection of a Deaf person as the universities president. 2. The immediate resignation of Jane Basset Spilman, who was chair of the Board of Trustees. 3.…

    • 1653 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    In most cases when there is a set of rules, the rules usually end up being broken or a controversy arises through them more often than not. In the NCAA's situation, there have been instances in which problems with their rules have led to insufficient results. For example, former UCLA bas-ketball player Ed O'Bannon filed his own lawsuit against the NCAA (McEldowney 3). The law-suit he had filed was for illegally using his own and other athletes’ pictures commercially at the will of the NCAA without permission (Malone 2). The main sports that it had covered were for basketball and football, but stretched to cover the entirety of college athletes.…

    • 431 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    Bukowski v. Clarkson University In 2012, the case of Bukowski v. Clarkson University made it all the way to the highest New York state court. This case involved the plaintiff, Shawn Bukowski, suing his school on the grounds of negligence by the defendant (Lippman, 2012). Shawn Bukowski was a pitcher for the baseball team at Clarkson University, where, during an indoor practice, was hit by a line drive in the jaw and sustained an injury. Bukowski felt that Clarkson University and their baseball coach had acted negligently and put him in unreasonable risk of harm, because there were conditions on the field that enhanced his risk to sustaining this type of injury (Lippman, 2012).…

    • 2119 Words
    • 9 Pages
    Great Essays
  • Improved Essays

    Plaintiff Audrey Vokes, a widow of 51 years and without family, had a yen to be an accomplished dancer with the hopes of finding a new interest in life, J. P Davenport d/b/a Davenport’s school of dancing a franchise of Arthur Murray, Inc.) agreed to help make her dreams come true. Vokes over the course of several years signed several contracts with the Defendant and paid out the amount of $31, 090.45 for lessons and dance related trips. At some point the Plaintiff decided her goals have not been accomplished in dancing. Plaintiff sought a rescission of the contracts and a return of her money, based on allegations of fraud.…

    • 346 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Us Vs Russell Case

    • 869 Words
    • 4 Pages

    In the Supreme Court case, United States v. Russell, 411 U.S. 423 (1973), Respondent Richard Russell was charged with three counts of a five-count indictment on behalf of unlawfully manufacturing and processing the drug methamphetamine. The controversy that surrounds this case derives from the respondent, Richard Russell’s decision to argue the legal term known as entrapment (United States v. Russell, 1973). This specific term is typically used when a Law enforcement agent induces an individual to commit an offense, where the individual would have unlikely committed it otherwise (United States v. Russell, 1973). The case United States v. Russell, involving an undercover law enforcement agent, also known as Joe Shapiro, made the decision to…

    • 869 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The Supreme Court has made various decisions that Liberals welcome with open arms, but one recent decision is not popular with Democrats. The Supreme Court agreed to reopen the case Fisher v. The University of Texas. The case is seem as the court case that will finally repeal 2003 case, Grutter v. Bollinger, and remove demolish the affirmative action program. Fisher v. The University of Texas was a Supreme Court case in 2013 that was sent back to lower courts. The court case deals with Abigail Fisher, a white middle-class female that feels she was passed over for less qualified minority students.…

    • 799 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    R V Labaye Case Study

    • 1458 Words
    • 6 Pages

    This essay will discuss the case of R v. Labaye. A summary of the nature of the proceeding and the judges writing decision, facts, legal issues, the decision, judicial reasoning and a thorough analysis will be addressed in this essay. I prefer the reasoning of the majority decision as it is reasonable and ethical. The nature of the proceeding is an appeal heard from the Supreme Court of Canada.…

    • 1458 Words
    • 6 Pages
    Superior Essays
  • Great Essays

    Justice Stephen Breyer Justice Stephen Breyer has been on the Supreme Court for almost 22 years. He was confirmed to the court by the Senate on June 29, 1994. Justice Breyer’s confirmation was not a surprise considering how highly qualified he was, as well as, how highly others thought of him. For most of Breyer’s adult life he has had an influential role in the legal field. This paper will summarize Justice Stephen Breyer’s early life through today.…

    • 1934 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    Dred Scott Ruling In the Supreme Court’s decision on Dred Scott’s many consequences brought tension surrounding the issue of slavery in the United States. “In the case, the Supreme Court rules that Scott was still a slave, and therefore, he had no right to file the suit in the United State court as he was not a citizen and did not have any legal rights” (Horton). This case may have been the one of most controversial in American history due to the fact that it deals with such a disputable topic as slavery. In this paper, I will discuss legal and cultural events from the Dred Scott v. Sandford case that may have flared the start of the Civil War.…

    • 708 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The Dred Scott Decision

    • 928 Words
    • 4 Pages

    DRED SCOTT V. SANFORD: THE ROLE OF THE SUPREME COURT IN THE POLITICAL PROCESS Jay Barber 25938654 HIUS-221 November 16, 2017 As seminal decision rendered by the United States Supreme Court, Dred Scott v. Sanford brought the issues of racism and slavery to the forefront of American political culture during the nineteenth century. It has also been considered by legal and political scholars to be a “ghastly error”, the “product of an overly ideological and reactionary judge”, and a cause of the Civil War. Many abolitionists and Northerners declared the Supreme Court’s decision to be illegitimate while others demanded obedience to the Court’s decision and labeled disobedience as rebellion, treason, and unconstitutional.…

    • 928 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    The case that was chosen to find out more information was O’Bannon v. NCAA. Even though this case started in 2013 it is still in courts to this date with appeals. Plaintiff: Edward C. O’Bannon, Jr Defendant Appellee, National Collegiate Athletic Association, AKA the NCAA Defendants: Electronic Arts, Inc.; Collegiate Licensing Company AKA CLA, Presiding Judge: Claudia Wilken, Senior District Judge Court: Northern District of California Appeals Court: Ninth Circuit Court of Appeals Appeals Date: September 2016 A little history of the case: This litigation is anti-trust category assignment law as used to be filed against the National Collegiate Athletic Association (NCAA).…

    • 1550 Words
    • 7 Pages
    Great Essays