The Intellectual Laws and Principles - Essay Example

Paper Advising Counsel about Intellectual Property Law INTRODUCTION The intellectual laws and principles are developed in order to help the organizations in protecting their virtual properties and logos from theft. 2. The trend of globalization has caused the issue of intellectual properties to become flared up as companies are finding it hard from protecting their ensigns and logos from theft by the fellow competitors. 3. However, smaller companies are known to use logos and color schemes of successful and larger in order to attract clientele towards themselves. 4. Additionally, law centers of the countries do not interfere with such trivial matters in order to let corporate sector operate as freely as possibly. 5. The larger corporations are such significant in size that they remain unaffected from copying of their logos by smaller ones. 6. The companies with fame to their name do not opt to go into legal battles with smaller competitors as they do not share same market segment with them. 7. The companies are well aware of the fact that legal proceedings are expensive in nature and confrontation with little companies is not a worthy frontier to spend shareholders’ money. FACTS 1. The large players operate under the assumption of achieving efficiency and effectiveness while, the legal fights with small companies are not an efficient strategic choice to make. On the other hand, human need to have supremacy can translate in terms of challenging companies about intellectual properties every now and then. 2. Additionally, large companies often operate in order to entertain needs and wants of elite social class because of its higher buying power whereas, smaller competitors work in order to cater consumerism of middle and lower classes of the community. 3. In general, small companies work so that they can cater the needs of a specific area’s customer base but larger ones have more diverse buyer base across various locations. 4. The featured companies are operating in order to cater the needs of different customer segments. 5. Clinker and Loge are working to offer commercialized products to two very different segments of the market. 6. The first one has its eyes fixed on construction industry whereas, the second one is producing toys for kids and any reasonable man is going to ask how can Loge overcome Clinker’s market share or hurt its brand image because they are not targeting construction managers to buy their products. 7. In simple terms, it is madness to consider Loge as a competitor for Clinker. The court of law will presumably say that Loge has no apparent intention to hurt Clinker and if they want to then they cannot do that because of lack of resources and relevant market strategy. 8. More clearly, Loge has no distant plan to enter construction industry and on the other hand, Clinker has no plans to produce toys for kids in future and when they develop such strategic outlines then they are most welcome to fight the legal battle out until then they should remain at peace with each other. Clinker will be advantageous by not firing the weapon on Loge and that benefit will be discussed at a later stage of the paper. Available legal actions for Clinker against Loge 1. The Clinker can maneuver its legal unit in order to challenge the logo of Loge in the local court of law. 2. The Clinker can also send the company a legal notice threatening it about legal action if they do not remove their logo which is using Clinker’s registered items such as the Grey Background Color and Bricks. 3. However, the case can be filed under Section 8 of American Constitution. However, the application of the law is going to be problematic at best because it is only commonsense not to consider Clinker and Loge as competitors because the law states that competitors cannot have the right to copy each others’ colors and logos as it will cause them to eat away brand image and market share. 4. The case will not stand on solid logical grounds in the court of law whereas, the Loge will most probably walk away with the logo and both the companies will go through a painful rise in their legal costs. 5. On the other hand, Clinker will get fame for being a bad and dirty competitor which could not stand a little company that coincidently copied its color. The legal cases have to have strong logical arguments but this one does not have them. Going to court with such a weak case is more like hoping against hope. 6. Secondly, Clinker got wind of the new logo development at Loge with illegal sources because it involves bribing an employee of the company in order to get to the new logo. 7. Thirdly, Clinker is exploring the avenue of developing real bricks by using Loge new hire’s ideas and that particular plan will be sabotaged by going to the court and the Loge can claim fine and damages for illegal seizure and stealing of their intellectual property. 8. The game is going to be reversed on Clinker itself in this way. By remaining silent on this matter, Clinker will have the opportunity to add a new color scheme to its offerings. 9. The literature of strategic management argues that the company should plan and plot consistently to develop new products and services which can be used to derive competitive advantage and Clinker has the base of edge but all they need to do is to remain quiet about Loge’s logo and go for product development instead. 10. The company should always choose the chance of making profit over bearing useless expenses and that is the whole scenario in front of Clinker. 11. One can bet that Loge will never go in the court of law in order to protect its design because of two factors. 12. First, they will know that their market segment is apart from Clinker. 13. Second, they will run a cost-benefit analysis of two options of going and not going into legal fight with Clinker and they will choose non-confrontational approach towards the problem. Immediate legal actions available to Clinker against Loge 1. Clinker can write a letter to Loge highlighting the fact that they are aware of the company’s malicious plans to steal away their intellectual property. 2. This measure is a risky and dangerous one due to a probable volatile reaction from Loge which can entail mentioning of illegal obtaining copies of monographs that are designed by the company’s employee. 3. Clinker is going to face hard times in terms of justifying obtaining the key evidence which is no doubt an illegal seizure. 4. The court of law will turn against the prostituting party because its main evidence will not stand in the intensive light of law. 5. However, again this document is going to suggest that Clinker must refrain from entering into a legal confrontation at all costs. 6. The companies can form a merger in order to benefit from each other’s ideas. The companies will have to develop partnerships so that the smaller one can benefit from the ability of larger one to obtain economies of scale and scope. 7. On the other hand, Loge will cause substantial kind of business development and growth by coming up with new products and services. 8. The Managing Director of Clinker already identified a source of establishing a collaborative partnership. Both of the companies are in position to benefit them and they can develop new and better offerings for the public. 9. Furthermore, the key suggestion of this passage is conceptualized in order to suggest compromising. 10. The companies have to give up fighting so that they can see their commonalities of their purposes. 11. The partnerships are formed like marriages and are broken due to separation of objectives. In corporate sector, it is stated that we will be partners until objectives will do us apart. The hand of friendship must be stretched from one side and Clinker has to do that due to its largeness. 12. The companies are at the verge of fighting a battle which will cause both of them to get stained and Loge will die out immediately but long term survival of Clinker will be in jeopardy. 13. The companies need to tolerate each and other and come to talking terms as well. 14. Both of them when combined can cover global market and can make an effective international company. 15. In addition, human nature is programmed to favor evolution and those who stand against them will eventually die out. 16. The organizations are standing in the way right now. 17. However, if they do not change behaviors towards each other or some other player will take the opportunity and make the most of it while it lasts. 18. Clinker and Loge will have to join in to develop a common corporate ground. Utilization of Monographs from Graham Baxter 1. There is a serious difficulty in using monographs that were obtained from Graham Baxter because the designs were intellectual property of Loge and Clinker did not have any right on them. 2. The monographs can be used by forging alliance with Loge or Clinker would have to keep its new brick designing project a secret. 3. However, keeping it a secret is even a bigger crime and foul than the initial one. 4. Additionally, the only way in which both the companies will survive through this deadlock is with the help of developing an alliance with each other. 5. They have to live it together or die out in the loneliness of ego and despair. The only legal method to use designs of Marcus by cutting a share to the smaller company and the companies join when they have the reason to do that and new product development is enough cause to develop a novel alliance. 6. The Loge will be acquired by Clinker whereas; the new product plans will be executed jointly. 7. Conflict is recognized as the level of friction at peer and hierarchical levels of any organization or between the organizations (Barki & Hartwick, 2004). 8. The conflict is known to be accompanied with strong emotions of hatred, sorrow and anger (Bell & Song, 2005). 9. The conflict management strategies are believed to be the methods that are used in order to mitigate disputes in the organization. 10. The commonly used method for conflict resolution is yielding that requires the arbitrator to remain awake and aware of all the involved parties’ agendas. 11. The second approach is called compromising that tends to find a solution to the problem that does not fully fulfills the objectives of all the parties yet is acceptable for them as well. 12. Another strategy that is deployed in order to resolve conflicts and disagreements is entitled as forcing in which, the resolver attempts to benefit from the situation and also tries to mitigate the condition according to his or her own perception. 13. The balance of power certainly shifts towards the third party and his or her own goals become more important and valuable in comparison to those of conflicting parties. 14. The most famous method for resolving conflicts goes by the name of problem-solving that analyzes the conflict and follows procedural justice in order to find who is guilty and who is innocent. 15. The final and infamous framework for conflict resolution is avoidance that does not consider the problem worth of any attention and therefore, waits for the issue to disappear on its own (De Dreu, Evers, Beersma, Kluswer, & Nauta, 2001). 16. The strategy of avoidance delays the inevitable and the problems emerge severely at the later time. 17. The change is an inevitable part of the world and it is indeed the only constant known to this massive universe and people working in both the companies are faced with the challenge of managing change. 18. They have to coexist rather than fight a bloody battle which eat and kill both of them. 19. It is not the matter that which clause of the constitution will cover the allegations because the parties involved are not in position to have it. 20. Legal proceedings generally hurt both of the fighting parties and the lawyers along with judges will make a payday out of that conflict. 21. The managers of both the companies are required to study conflict management strategies and choose the one with the maximum potential to benefit both of the parties. 22. Nevertheless, compromising is the best way of managing the current situation. 23. Additionally, humans have the tendency to favour conflicting when in reality peace is required. The companies have to establish negotiating teams of levelheaded people so that objective of the collaboration can be achieved both efficiently and effectively. 24. The conflicts are notorious for producing intense emotions in all concerned parties. 25. In this kind of affair, the arbitrator’s aptitude to forge social relations is of high value because it will not only allow him or her to know about the real problem via social exchange theory and will also help him or her in terms of getting information about current emotional states of the conflicting people. 26. The emotions have to be accommodated properly in order to mitigate the conflict effectively. 27. The third party is also suggested to hold the meetings with all the parties in isolation so that they can get an adequate opportunity to express their feelings and emotions. 28. It is commonly believed that once humans vent out their emotions (Maiese, 2006) then, they become profoundly susceptible towards the logical ideas and analysis of the situation that can be used for creating peace (Halperin, 2014). 29. Furthermore, leaders of both sides must ensure that everyone under them must understand the purpose and objective of these talks which is to make peace and collaboration possible and under any circumstances, the process of talks should be disrupted from the inside of both the camps. 30. The cultural and societal grounds must be prepared for joint operations with the help of change agents and managers. 31. It will not be a bad idea to hire specialist consultants in order to get the job done in a professional way. 32. Using monographs obtained from Baxter is not advised because it is both unethical and illegal at the same time. Possible legal actions against Marcus 1. No legal action can be taken against Marcus personally because he was under orders from his management to develop newer types of toys for kids and no court of law will be willing to sentence a man for doing his job. 2. The similarities between his design and logo of Clinker can be a mere coincident as far as one can tell from a distance. 3. Nonetheless, Marcus may have gotten his inspiration for the new design from Clinker’s monogram and it is perfectly legal as well. 4. Marcus is an artist and who can stop him from creating something after getting impressed by something similar. 5. In the current legal system of the country, Marcus’s actions and behaviours are acceptable because he tried to innovate and innovation is not a crime in any part of the world. 6. The companies can challenge each other in the court of law but Marcus alone cannot be dragged into the situation. 7. The Loge’s side can claim will of God as a plea because whatever happened took place due to the significant natural intervention. 8. The court will agree as well because there is no evidence supporting the conjuncture that Marcus designed new product with a questionable agenda against Clinker. Valuable Facts to Counsel 1. Counsel must remain awake to the fact that Clinker will be playing at back-foot when it comes down to going to the court of law. 2. The key evidence of Clinker against Loge is not flawless and unethical in nature. 3. The Counsel must indeed try to calm down the nerves of Clinker’s managers so that they can see and evaluate the true condition because the whole future of the company may very well depend on the decision which its managers are going to take during settlement of the abovementioned issue. 4. The issue is not very significant in nature but it management will determine its future impact on both of the parties. 5. The key job of Counsel remains simplistic because it involves making both sides realize the importance and value of compromising before everything is going to be lost in smoke. 6. The business has been developed by the able hand of alliances and partnerships and as both of the parties will be more than interested in establishing a global presence so this is their best shot at it whether they believe it or not. 7. The business expansion is possible and it is knocking at the doors of both the companies and all they need to do is open. Conclusion 1. This paper has been written in order to highlight the legal nature of an intellectual problem which involves Clinker and Loge where the first party believes that the second one stole its logo. 2. However, the allegation may be true but there will be no winner in the court because no matter whom wins both will go down sooner or later. 3. Additionally, human nature is known to love a fight but involved parties will remain better off if they avoid confrontation. 4. On the other hand, they are required to forge a partnership or alliance in which Clinker will be playing a role of financial muscle and Loge will be there in the place of brain. The brain will think and muscle will do the magic in the market. 5. Both in isolation are performing mediocre in their segments and if they decide to merge together then they will be able to get enough attention from the customers in two segments. 6. The Managing Director of Clinker has the plan and his eagerness to get underway with it is also apparent but he is not going to suggest his dream in a politically charged environment in which he exists in current times. 7. The environment must be eased up so that people’s creativity and courage can come out and change the destiny of two companies’ altogether. 8. One can never know what two or three companies can do once they are in the partnership. The partnerships are like marriages and Loge along with Clinker is ready for a corporate marriage because they have the potential to work collaboratively. Works Cited Barki, Henri and Jon Hartwick. "Conceptualizing the construct of interpersonal conflict ." International Journal of Conflict Management Vol 15 (3) (2004): 216 - 244 Online. Bell, Chris and Fei Song. "Emotions in the conflict process: An application of the cognitive appraisal model of emotions to conflict management ." International Journal of Conflict Management Vol 16 (1) (2005): 30 - 54 Online. De Dreu, Carsten K W, et al. "A theory-based measure of conflict management strategies in the workplace." Journal of Organizational Behavior Vol 22 (6) (2001): 645-668 Online. Halperin, Eran. "Emotion, emotion regulation, and conflict resolution." Emotion Review Vol 6 (1) (2014): 68-76 Online. Maiese, Michelle. "Engaging the emotions in conflict intervention." Conflict Resolution Quarterly Vol 24 (2) (2006): 187–195 Online. Read More