Question
Please complete the IRAC assignment below. Upload your response in a word document before Friday.You will be assigned a student to peer review on Saturday
Please complete the IRAC assignment below. Upload your response in a word document before Friday.You will be assigned a student to peer review on Saturday morning. If you have not turned in your IRAC you will miss the peer review. Please complete the peer review as instructed. Your review should comment on the student's response to the IRAC analysis.Did the student identify each of the elements? Issue, Rule, Application and Conclusion? What grade would you give the student? Assume 1 point for each of the 4 elements and 1 point for overall structure, grammar and clarity. Peer reviews should be completed by the following Tuesday. For this assignment the grade is up to 2.5 points for your own IRAC and up to 2.5 for your peer review, for a total of possibly 5 points.Please note that whatever grade you assign your peer is not determinative.This is mostly an exercise for you to learn from each other.All grading is the responsibility of the professor.
Sean Olson has a national franchise in the U.S. of yoga studios all doing business under the name "The Ashram Hot Yoga".His studios are located in NYC, Boston, Atlanta, Philadelphia and Seattle. The business has a trademark for the phrase "The Ashram Hot Yoga" registered with the USPTO since 2015 and associated with the business fields of education, amusement and entertainment.
The Ashram Hot Yoga has a teacher training program that it hosts annually (in addition to its regular public yoga classes). This is for people who want to become yoga teachers. The training curriculum was developed by Sean and he uses that curriculum every year from January - March when the Ashram hosts its teacher training at each of his studios. The curriculum has a unique focus on teaching people who suffer from trauma from challenging events in their lives that typically result in physical, emotional or mental distress of some kind. Teacher training costs students $5000 and is a lucrative aspect of Sean's business.
Tamika Wofford owns and operates a yoga studio business in the United Kingdom trading under the name "Humans for Hot Yoga".There are multiple locations in the UK. Tamika has a European Union trademark registered since 2014 in the EU for "Humans for Hot Yoga", and similarly associated with education, amusement and entertainment in that jurisdiction.
Tamika has decided to expand her business in the U.S. She has leased five studio spaces located in NYC, Boston, Atlanta, Philadelphia and Seattle, each doing business as "Humans for Hot Yoga." She has not yet filed for a trademark with the USPTO. Her plan for these studios is to offer public hot yoga classes daily, and an annual teacher training for people who want to become yoga teachers. She has her own curriculum which, like Sean's, focuses specifically on how to teach yoga to people suffering from trauma. Tamika's teacher training will cost $3500 and will be offered in September-November.
The global hot yoga community is small and well-networked. Sean finds out about Tamika's new studios and wants her to stop using the "Humans for Hot Yoga" name as he believes she is unfairly competing in his principle markets. He also wants to stop her from implementing her planned teacher training program as he believes she has somehow gained access to his own curriculum and is going to use it for her advantage. He is not sure how to protect his curriculum from others using it without his permission.
You are Sean's attorney.Advise him of the status of his intellectual property. In other words, what intellectual property does he own and has he done what he should under US law to protect it. Then, advise him what he might do legally in his effort to shut down Tamika's U.S. business and teacher training,and the likelihood of his success.Explain the issue or issues to him clearly, and your reasoning by using the IRAC method.
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