Art Bouchat, an artist in Baltimore, submitted his logo design for the Baltimore Ravens professional football team, and the
Ravens used a logo design that was very similar to Bouchat’s design for their team logo during the 1996–1998 seasons.
Bouchat sued the Ravens for copyright infringement for using his design as their logo without his permission, and the court
ruled that the Ravens had improperly used Bouchat’s design for their logo and had infringed on his copyright of that design.
The Ravens changed their logo for the 1999 season, but they started showing highlight films from their 1996–1998 seasons
in their stadium, on their website, and on their television channel, and the logo that Bouchat had designed and that the
Ravens had improperly used during those seasons appeared in the highlight films.
Bouchat sued the Ravens a second time, alleging that the appearance of the logo he designed in the highlight films was,
again, copyright infringement.
The Ravens assert two defenses to Bouchat’s claim of copyright infringement the second time around.
1. The Ravens contended that their use of the 1996–1998 logo in the highlight films was protected by the fair use
doctrine.
2. Since Bouchat and the Ravens were both citizens of Baltimore, there was no commerce among the states or
interstate commerce involved, so Congress had no authority to make laws that protected Bouchat’s copyright.
In a two-page case study, address the questions below.
1. Is the Raven’s use of the logo on the highlight films protected by the fair use doctrine?
2. Is the Raven’s claim that Congress does not have the power to regulate copyright within a single state valid?
As you answer these two questions about the Ravens’ use of the logo, explain how the evolution of the Commerce Clause
of the Constitution of the United States affects businesses and the Ravens in particular. Also, be sure to address the
categories of intellectual properties protected by the Constitution of the United States.
Your case study should be at least two pages in length and include at least two outside sources. Be sure to use APA
formatting for all citations and references. Please note that no abstract is needed.
Unit IVCase Study
Contract Scenario
Calvin had been an avid coin collector for many years, and the most valuable coin in his collection was an uncirculated, mint
condition, 1943 Lincoln penny made of copper (most pennies made during World War II were made of zinc because copper
was needed in the war effort). That penny had a value of between $60,000 and $95,000.
In August of 2017, Calvin had a serious stroke that left him unable to speak or walk, but his doctor assured his family that
Calvin would recover over time with intensive therapy.
Calvin was a widower and did not have any children, but he had several nephews who visited him from time to time as he
recovered. None of the nephews had any real interest in Calvin’s coin collection. One of Calvin’s nephews, Billy, who visited
Calvin more often than the other nephews, sometimes listened to Calvin talk (talking was a part of Calvin’s therapy) about
his mounting medical bills and his coin collection, but Billy never showed much interest in the medical bills or the coin
collection.
In October, as Calvin’s recovery progressed slowly, Billy visited Calvin and told Calvin that he had been reading about coin
collecting, and he realized that Calvin’s collection, especially the 1943 Lincoln copper penny, was valuable, and Billy
suggested that Calvin should consider selling the 1943 Lincoln copper penny and use the proceeds to pay his medical bills.
Calvin resisted the idea at first, but Billy continued to urge Calvin to sell the penny so that he would not have to worry about
the medical bills. Finally, when Billy told Calvin that he would arrange the sale of the penny for a commission of just 5% of
the sale price of the penny, Calvin began to think that selling the coin might be a good idea. He was still a little confused
about how the sale would work and what Billy would do to make sure that the penny would be sold for the best price. Calvin
BUS 3210, Business Law 2
told Billy that he thought that the penny was worth almost $100,000, but Billy assured Calvin that the market had changed
recently, and that the penny was now worth $40,000 to $45,000. Eventually, Calvin allowed Billy to sell the penny for the best
price he could get and to take a 5% commission for arranging the sale of the penny. Billy then sold the penny to a friend for
$40,000, took his 5% commission, and paid the remainder of the sale price to Calvin.
A few months later, as Calvin continued to recover, he read a story in a coin collecting magazine about how an uncirculated,
mint condition, 1943 Lincoln penny made of copper had just sold at auction for more than $100,000, and Calvin began to
wonder if Billy had taken advantage of him. Calvin consulted a lawyer and asked the two questions below.
Did he (Calvin) have the mental capacity to enter into the contract when he agreed to let Billy sell the penny? What would
he (Calvin) have to prove to show a court that he did not have the necessary mental capacity when he authorized Billy to
sell the penny?
Did Billy exert undue influence over Calvin to cause Calvin to enter into the contract that allowed Billy to sell the penny?
What do you think? Does Calvin have a case to set aside the contract with Billy on either of these theories?
Your case study should be at least two pages in length and include at least two outside sources. Be sure to use APA
formatting for all citations and references.
Unit VI Case Study
Scott Restaurant Company purchased a commercial freezer from Big Refrigeration Company. The written contract
between Scott Restaurant Company and Big Refrigeration Company provided that Scott Restaurant Company would pay
Big Refrigeration Company $5,000 for an Arctic Air commercial freezer and an additional $1,000 for delivery and installation
of the commercial freezer. Write a case study that considers the questions below.
Is this contract subject to Article 2 of the Uniform Commercial Code (UCC)? Why, or why not? Does it make a difference if
Scott Restaurant Company or Big Refrigeration Company are merchants? Why, or why not?
Next, consider that Big Refrigeration Company delivered an Admiral Craft commercial freezer to Scott Restaurant Company
on the date the contract required but, before the freezer was installed, a representative of Scott Restaurant Company
recognized that the freezer that was delivered was not the brand that the contract specified.
Include responses to the questions below in your case study.
Did Big Refrigeration Company breach the contract?
Why, or why not?
If there was a breach of contract, what can Scott Restaurant Company do about the breach of contract?
