Baylee Jemison Bus Law Assign 1.docx - Baylee Jemison BSAD...

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Baylee JemisonBSAD 4210May 13, 2018Assignment 1PART IChapter 1I read the entire case –BJCase Citation: Landsberg v. Selchow & Richter Company, 802 F.2d 1193(1986)Facts: Plaintiff: Mark LandsbergDefendants:Selchow & Ricther Company, Crown Publishers, Inc. andScrabble Crossword Game Players INC.Mark Landsberg is an author of a book on strategies on how win the game ofScrabble. In order to place the Scrabble logo on the book, Landsberg had tosubmit a manuscript of the book to Scrabble.After negotiations were made,Selchow & Richter Company ceased their negotiations. The company thenpublished their own Scrabble strategy book. Scrabble’s book has strongsimilarities to Landsberg’s book. Landsberg did not receive anycompensation in regard to logo or the book. Landsberg sued S&R forcopyright infringement indicating that they stole his concepts and ideas.Landsberg stated that an implied-in-fact contract was made and S&R brokethe agreement. He also stated that he was owed restitution. The court sidedwith Mark Landsberg. S&R appealed the decision.Issue: Is Selchow & Richter Company held liable for copyright infringementsof Landsberg’s idea by reproducing a book similar to his and was an implied-in-fact contract existing?Holding:Yes. There was an existing implied-in-fact contract and S&Rinfringed upon Landsberg’s idea because they collected adequateinformation to write their own version of the book. S&R is held liable forcompensation and damages.***Majority Opinion Reasoning:(Judge Goodwin)A.Rule:An implied-in-fact contract was made. The contract became active

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Term
Spring
Professor
BlainH.Johnson
Tags
implied in fact contract, Mark LANDSBERG

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