University of San Francisco Duann Case Discussion
Question Description
I’m working on a case studies writing question and need an explanation and answer to help me learn.
In 2012, a dispute arose over a photograph of a tranquilized bear falling from a tree. Andy Duann, an engineering student at the University of Colorado and on the staff of the school newspaper, took the photo and, asserting copyright, sold the image to Camera magazine. The photo quickly went viral. The school newspaper, the CU Independent, claimed that they owned the photograph and that Camera magazine should have paid them for the right to use the photo, and not the photographer, since he was on the newspaper staff. Duann, however, had joined the newspaper mid-semester and had not yet signed a contract when he took the photo.
What do you think? Based on module content and without further researching the case, who do you think had the right to sell the photo? Support your answer. (1-3 paragraphs)
Assignment 2:
Description
In 2008, Apple, Inc., no stranger to trademark disputes, moved to block GreeNYC, a New York City environmental campaign, from trademarking their logo. (Part of the trademarking process allows parties to oppose pending applications.) Apple claimed that the GreeNYC logo could cause “consumer confusion resulting in damage and injury” to Apple, as well as “dilution of the distinctiveness of Apple’s trademark.”
New York City maintained that no consumer was likely to be confused and that Apple’s claim lacked merit.
In 2009, Apple similarly moved to block the Australian company Woolworths (a retail chain unrelated to the American department store founded in the 1800s) from trademarking a new logo, contending that if the Australian trademark office allowed the registration, Woolworths would be able to affix the logo to multiple products, including electronics (which they already made) and cause confusion among consumers (Raphael).
What do you think? As a consumer, would the GreeNYC proposed logo or that of Australia’s Woolworths cause confusion? Would you associate either one or both with Apple, Inc.? Why or why not? Survey your friends. How many say they would be confused? Do you think Apple is right to so vigorously protect its company identity? (1-3 paragraphs)
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