Expert answer:Applicable Laws

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APPLICABLE LAWS
NAME
INSTITUTION
DATE
A
Kyle’s Fine Condiments is a name whose initials are KFC similar to the ethnic
restaurant that is famously known as Kentucky fried chicken KFC. Kyle’s received a certified
letter that alleged that Kyle’s business was bringing harm to the commercial interests of
Kentucky fried chicken including infringement and dilution of its trade name and trademark.
United States trademark law is applicable in this case. The Lanham Act governs
trademark rights; it states that common law trademark rights are automatically acquired when
a business uses a logo or name in commerce and shall be enforced in state courts. All marks
are given a higher degree of protection only if they are registered with the U.S. patent and
trademark office in any federal court more than the unregistered marks. However, both are
granted federal protection under the Lanham ACT 43 (a) up to a certain degree.
B
Kyle’s production workers, after they were informed about the letter written by
Kentucky fried chicken, they threw rotten cabbage and tomatoes at passing KFC trucks
making one of the drivers to veer off the highway thus striking many utility poles.
Environmental laws and regulations require businesses to uphold proper ethics in
conserving the environment. Disposing of-of pollutants or hazardous and non-hazardous
wastes should be in compliance with the law. The act of Kyle’s workers is against the law
since that seems like they were disposing the cheesy potatoes and cabbages on the highway.
They are also liable to the destruction of utility poles since this is viewed as destruction of
public property.
C
The unusual activity and promise of the bonus and associated pressures that caused
Scooter to relapse back to his old habit of substance abuse requiring that he be admitted to a
residential detox facility in Savannah. This is an issue of drug addiction in the workplace.
Federal Workplace Drug testing covers any problem of people abusing drugs at the
workplace thus requires that people should be tested for any signs of it. It was mandated by
the Executive Order 12564 and Public Law 100-71, this Federal Drug-Free Workplace
Program is comprehensive and addresses various issues such as; illegal drug use by the
federal employees, it certifies plans for the executive agency drug-free workplace, identifies
safety-sensitive and positions subject to any random drug testing.
SAMHSA Centre for Substance Abuse and Prevention is responsible for oversight of
the HHS-certified laboratories which are operating under the set guidelines for all federal
workplace drug testing programs. The following Federal Register notice announces the
proposed revisions to the mandatory guidelines for the federal workplace drug testing
programs. The guidelines establish all scientific and technical procedures used in the federal
workplace and drug testing programs and also set standards for the certification of
laboratories engaged in drug testing for federal agencies.
D
Kyle also has a contract with Crimson Computer Services for the maintenance of the
Alabama Sunshine/Kyle’s Fine Condiments website and asks your counsel about the offer
from UNA’s CFO and whether he may have to pay Scooter the bonus as promised.
Kyle has to pay scooter the bonus as promised since this is a contract they both
entered.
United States contract law governs the obligations established by agreements (express
or implied) between private parties in the US law. This law varies from state to state; this
means there is no general Federal contract law, even though transactions involving the sale of
goods have become highly standardized countrywide through widespread adoption of a
Uniform Commercial Code. However, there remains significant diversity in interpretations of
other kinds of contracts; this depends upon the extent to which a given state has adopted
portions of the Restatement (Second) of Contracts or codified its common law of contracts.
Parties are allowed to agree to arbitrate disputes that arise from their contracts. Under
the Federal Arbitration Act; clauses of arbitration are enforceable unless the party resisting
arbitration can show fraud or something else which undermines the entire contract.
E
Kyle is worried that, since he made contracts with Auburn Advertising Signs for the
billboards and WLEO radio station for “on-air” commercials, he could wind up losing a lot of
money.
Uniform Commercial Code (UCC) governs all business contracts. UCC consists of
uniform rules coordinating and simplifying the sale of goods and other commercial
transactions throughout the United States.
References
Henn, H. G., & Alexander, J. R. (1983). Laws of corporations and other business
enterprises. St. Paul, MN: West Pub. Co.
Int’L, B. P. (2015). Usa company laws and regulations handbook: Strategic information
and basic laws. Place of publication not identified: Intl Business Pubns Usa.
…
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