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The following two tables apply to all problem sets: Table#1: Market Share in U.S. Chocolate Bar Market of Major Chocolate Bar Companies (2020) Company Market

The following two tables apply to all problem sets:

Table#1: Market Share in U.S. Chocolate Bar Market of Major Chocolate Bar Companies (2020)

Company

Market Share (% of US Market)

Hershey

43.3%

Mars

29.8%

Lindt/Ghirardilli /R. Stove

9.1%

Ferrero*

7.0%

All others

10.8%

*Nestle sold its U.S. chocolate business to Ferrero

To simply matters assume that each chocolate bar company has a single chocolate bar marketed in the USA as noted below:

Table#2: Representative Chocolate Bar Prices (2020)

Company

Name of Chocolate Bar

Price ($ per unit)

Hershey

Hersheys Chocolate

0.88

Mars

Snickers

1.25

Lindt/Ghirardilli /R. Stove

Dark Chocolate Cacao 90%

4.33

Ferrero

Kinder Chocolate

2.79

Ferrero Company is offering a promotion to its customers. Send the company one dollar plus 4 wrappers of any companys chocolate bar and the company collects $306,924 from its customers.

  1. How much does this chocolate company maintain it has to pay Chappell, the copyright holder of Rockin shoes? Show your calculations. [A1/B1] (3 marks)

  1. How much does Chappell maintain that it must be paid in copyright royalties? Show your calculations? [A1/B1/C1] (4 marks)

  1. Based on the precedent of Chappell v Nestle, what level of royalties would a judge, under these circumstances, mandate that the chocolate company pay Chappell? Briefly explain. (maximum 25 words) [C2] (3 marks)

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