Please complete the IRAC assignment below. Upload your response in a word document before Friday. You will be assigned a student to peer review on Saturday morning. If you have not turned in your IRAC you will miss the peer review. Please complete the peer review as instructed. Your review should comment on the student’s response to the IRAC analysis. Did the student identify each of the elements? Issue, Rule, Application and Conclusion? What grade would you give the student? Assume 1 point for each of the 4 elements and 1 point for overall structure, grammar and clarity. Peer reviews should be completed by the following Tuesday. For this assignment the grade is up to 5 points for your own IRAC and up to 5 for your peer review, for a total of possibly 10 points. Please note that whatever grade you assign your peer is not determinative. This is mostly an exercise for you to learn from each other. All grading is the responsibility of the professor.
Sean Olson has a national franchise in the U.S. of yoga studios all doing business under the name â€œThe Ashram Hot Yogaâ€. His most lucrative studios are located in NYC, Boston, Atlanta, Philadelphia and Seattle. The business has a trademark for the phrase â€œThe Ashram Hot Yogaâ€ registered with the USPTO since 2015 and associated with the business fields of education, amusement and entertainment.
Janine Hiller owns and operates a yoga studio business in the United Kingdom trading under the name â€œHot Girls Hot Boys Hot Yogaâ€. There are multiple locations in the UK. Janine has a European Union trademark registered since 2014 in the EU for â€œHot Girls Hot Boys Hot Yogaâ€, and similarly associated with education, amusement and entertainment.
Janine has decided to expand her business in the U.S. She has leased five studio spaces located in NYC, Boston, Atlanta, Philadelphia and Seattle, each doing business as â€œHot Girls Hot Boys Hot Yoga.â€ She has not yet filed for a trademark with the USPTO. Sean finds out about Janineâ€™s new studios and wants her to stop using the â€œHot Girls Hot Boys Hot Yogaâ€ name as he believes she is unfairly competing in his principle markets. You are Seanâ€™s attorney. Advise him of what he might do legally in his effort to shut down Janineâ€™s U.S. business and the likelihood of his success. Explain the issue or issues to him clearly, and your reasoning by using the IRAC method.
After you complete this assignment please make a short response to this.
The Kardashians are becoming famous for their trademark strategy, even internationally. Read the attached article about their conflict in Japan and comment here.
Trademark law is country-specific and another example of how law is territorial. But how does international relations get impacted by domestic law? If Kim Kardashian registered her desired trademark lawfully with the USPTO, why should Japan care? Does culture matter? What do you think about the conflict here between law and culture? Should Kim register her Kimono trademark regardless?