Question
Fact Scenario: Fast Action, Fast Results, Inc. (FAFR), a Michigan corporation, makes and sells Rocket Fuel, a super energy-boosting, carbonated beverage. Rocket Fuel is made
Fact Scenario:
Fast Action, Fast Results, Inc. (FAFR), a Michigan corporation, makes and sells Rocket Fuel, a super energy-boosting, carbonated beverage. Rocket Fuel is made in Michigan, but shipped to stores all across the Midwest and the East Coast. Rocket Fuel is made by FAFR, and delivered on FAFR trucks, by FAFR employees. FAFR has in-house accounting and marketing staff.
Youmustu se the I-R-A-C format for full credit.
- Orin, a citizen of Ohio, sees an ad for Rocket Fuel and buys it in a local store. Within 2 hours of drinking Rocket Fuel, Orin suffers internal injuries. Alleging that the injuries are caused by Rocket Fuel, Orin files a suit against FAFR in Ohio state court. FAFR asks the court to dismiss the suit on the ground that it does not have personal jurisdiction over FAFR. What is the court likely to rule and why?
2..Steve, a driver for FAFR, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while he makes a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall collapses onto a crane, which falls on, and injures a bystander, Flo. What must Flow show to recover damages from Steve? What are FAFR's potential liabilities?
3...FAFR"s in-house marketing department decides to use in print ads for Rocket Fuel quotes from a study that shows the ingredients in Rocket Fuel are safe and effective. The study was done by Intense Inspections, Inc., a private, for-profit research organization. FAFR does not obtain permission from Intense Inspections to use the study in its advertisements. Intense Inspections files a suit against FAFR, alleging infringement of the plaintiff's intellectual property rights. Which type of intellectual property is involved in this situation? What is FAFR's likely defense? How is the court most likely to rule? Explain.
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