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After facing some initial problems in obtaining a new lemon supply, your brotherÃ¢â‚¬â„¢s lemonade business has really taken off. Some local grocery stores now want to sell his lemonade in bottles at their stores. While you previously were under the impression that the only ingredients in his lemonade were lemon juice and sugar, you recently find out that there is actually a secret blend of spices and natural sweeteners in his lemonade that give it a unique flavor.
You are proud of your brother and happy that you have been able to give him some solid legal advice; but you have probably come to realize at this point that the more a business grows, the more legal challenges it may face. As a protective older sibling, you have become worried that others may take advantage of your brotherÃ¢â‚¬â„¢s success. More specifically, you want your brother to take steps to protect his valuable lemonade know-how from competitors. Furthermore, you also want your brotherÃ¢â‚¬â„¢s business to have some minimal level of insurance to protect against new risks that a larger size business may face.
For this assignment, review the background materials carefully and then write a two- to three-page paper addressing the following issues:
What kind of protection should your brother try to obtain for his lemonade recipe Ã¢â‚¬â€œ a patent or some form of trade secret protection? How should your brother go about obtaining this protection? Refer to one of the required readings on intellectual property listed in the background readings or Chapter 10 of DuBoff (2004) in your answer.
Your brotherÃ¢â‚¬â„¢s lemonade stands only have a sign saying Ã¢â‚¬Å“Lemonade StandÃ¢â‚¬Â, and he wants the lemonade bottles sold in grocery stores to have a label saying Ã¢â‚¬Å“Fresh Squeezed LemonadeÃ¢â‚¬Â on them. In your opinion, will your brother be able to get trademark protection for Ã¢â‚¬Å“Lemonade StandÃ¢â‚¬Â or Ã¢â‚¬Å“Fresh Squeezed LemonadeÃ¢â‚¬Â? Why or why not? If not, give some examples of alternative trademarks that he might be able to get protection for. Use one of the required readings on intellectual property listed in the background readings or Chapter 11 of DuBoff (2004) in your answer.
Your brother has enough income from his business to be able to afford one or two types of insurance. What kind of insurance do you think would offer him the best protection against lawsuits? Explain your reasoning, and support your answer with references to Chapter 18 of DuBoff (2004) or the article on small business insurance basics listed in the background materials.
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