Exam 1 Houston PMBA Freeman School of Business Tulane University Fall 2015
Exam 1 Houston PMBA Freeman School of Business Tulane University Fall 2015
Exam 1 Houston PMBA Freeman School of Business Tulane University Fall 2015
Houston PMBA
Freeman School of Business
Tulane University
Fall 2015
2. Given the business that your team formed in Texas, suppose a national
company that was incorporated in Delaware sued each owner personally and
your business entity claiming that your team infringed upon their trademark
and tradename because the name your team selected was deceptively
similar to the national companys name. Please respond to the following
questions:
a. Does the national company have standing to sue?
b. What court or courts have jurisdiction?
c. What is the proper venue for the lawsuit?
d. What type of remedy would the national company seek, a
remedy in law or a remedy in equity or both?
e. You should assume for the purposes of this question that the
national company prevails in the lawsuit, and as a
consequence, the Texas Secretary of State revokes your
business entity status, that is, the firm that your team created
is neither an LLC nor a corporation (three groups formed LLC
and one group formed a corporation), as the case may be.
What type of business entity is your firm now?
f. For your specific business entity, what implications does the
change in entity status have for the contract your firm entered
into this past Saturday? For example, is the contract
enforceable; does it change any of the liabilities, etc.?