Memorandum to your Boss – Using your manager skills

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Assignment 2: Using Your Manager SkillsnDue Week 10 and worth 240 pointsnNote: The companies mentioned herein are merely hypothetical organizations with characteristicsndeveloped to enable students to respond to the assignment. You may create and / or make all necessarynassumptions needed for the completion of this assignment.nIn this assignment, you, in the role of a risk manager at Simply Green Products, will draft a document thatnis commonly used in the business world—a memorandum to your boss.nSimply Green Products is a $10 million company that produces biodegradable packing materials thatnorchards use in the Shenandoah Valley to transport their apples, peaches, and pears nationwide.nBiodegradable materials are more eco-friendly because they break down into the environment. Suchnpacking materials are marketed under the name “SafePack,” which is heavily advertised in trade journals.nSimply Green Products have had the name “SafePack” imprinted on all of their packing material sincen2008; however, they never filed for either state or federal trademark protection. With the movementntoward more eco-friendly agricultural production, the fact that such packing materials are biodegradablenprovides a primary marketing advantage over non-biodegradable competitors.nThe company president, Shep Howard, has recently become aware of several issues that may requirenreferral to the company’s outside counsel. Because you serve as the company’s risk manager, Howardnhas asked you to leverage your legal and managerial skills to draft a memorandum that addresses onen(1) of the two (2) situations described below:n An environmental group is asserting that SafePack materials are not biodegradable. In fact, thengroup claims that these materials are causing an environmental hazard that is seeping from anlocal landfill into a nearby stream. An environmental group, SafePack Materials Pollute, hasnsprung up and launched an Internet campaign geared toward compelling fruit producers to stopnpurchasing your packing materials. The situation at hand raises environmental issues that relatento the Clean Water Act and the Solid Waste Disposal Act.n A company called Safe Choices, Inc. has accused Simply Green Products of trademarkninfringement, and has sent a cease and desist letter to President Howard, demanding that SimplynGreen Products stop using the name “SafePack”. The letter asserts that a) Safe Choices uses thenSafePack name to market an emergency weather kit in the form of a backpack; and that b) SafenChoices had received a federal registration for the mark from the Patent and Trademark Office inn2002. This backpack is sold both online at safepack.com and in sporting goods stores nationwide.nThe letter goes on to suggest that Simply Green Product’s use of this name “constitutes a falsendesignation of origin which is likely to confuse customers as to the source of the goods”. Thenintellectual property issue at hand involves the Lanham Act.nFor one (1) of the two (2) situations set out above, write a three to four (3-4) page memorandum tonPresident Howard. Ensure that you address each of the questions below within your memo so thatnPresident Howard may assess whether or not Simply Green Products needs to hire outside counsel tonaddress the matter at hand.n1. Discuss the elements that must be present in order for one to prove a valid claim under the law(s)nspecified (i.e., the Clean Water Act, the Solid Waste Disposal Act, or the Lanham Act).n2. Determine whether or not the activity of Simply Green Products amounts to a violation of thenapplicable law (i.e., the Clean Water Act, the Solid Waste Disposal Act, or the Lanham Act). If younchose the environmental issue, determine whether or not seepage from your products into anstream would violate the Clean Water Act, the Solid Waste Disposal Act, or both. Explain your LEG 100 – Assignments and RubricsnIf you chose the intellectual property matter, determine whether or not continued use ofnthe SafePack name by your company would violate the Lanham Act. Explain your rationale.n3. Decide whether or not President Howard should refer this chosen matter to the company’snoutside counsel. Provide a rationale for your decision.n4. Use at least three (3) high-quality academic references. As the cases discussed within thenassignment are hypothetical, you will not find any solutions to them on the Internet. Further, notenthat Wikipedia, blogs, and such Websites as Free Dictionary do not qualify as academicnresources, whereas your textbook does. Use the Strayer Learning Resource Center (LRC) tonlocate high-quality academic references.nYour assignment must follow these formatting requirements:n Include a cover page containing the title of the assignment, your name, the professor’s name, thencourse title, and the date.n Draft this in the form of a letter that is typed, double-spaced, and uses Times New Roman fontn(size 12) with one-inch margins on all sides.n Include your citations in the body of your letter and include your list of references at the end. Allncitations must follow the APA.n Be sure to follow all additional instructions provided by your professor.nThe specific course learning outcomes associated with this assignment are:n Describe the legal environment of business, the sources of American law, and the basis ofnauthority for government to regulate business.n Use technology and information resources to research issues in business law.n Write clearly and concisely about business law using proper writing mechanics.

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