Thursday, September 26, 2019
National cash Register Company Essay Example | Topics and Well Written Essays - 1250 words
National cash Register Company - Essay Example It can be viewed that over 300000 NCR ATMs are installed throughout the globe. In order to upgrade ATMââ¬â¢s security, NCR created a software solution to implement in all of its ATM machines. At the same time, Korala Associates Ltd. (KAL) argued to have created a comparable security up-gradation for NCRââ¬â¢s ATMs. For developing such software, KAL has entered into agreement with NCR in the year 1998 (the ââ¬Å"1998 Agreementâ⬠). Thus, in order to facilitate such process, NCR had financed KAL a property ATM which involved copyright software known as APTRA XFS (Gehrke & Associates, S.C., ââ¬Å"United States Court Of Appeals For The Sixth Circuitâ⬠). ISSUE: NCR assumed that KAL had obtained access to make unauthorized use of the copyrighted software and claimed that KAL had involved in unlawful copying of APTRRA XFS software. NCR further claimed that KAL has developed its version of security upgradation only by engaging in this unauthorized activity. NCR brought a sui t claiming copyright infringement against KAL (Gehrke & Associates, S.C., ââ¬Å"United States Court Of Appeals For The Sixth Circuitâ⬠). Law: The court stated that the dispute amid the parties not only rely upon the scope of the arbitration clause, but also remains much focus upon determining whether claims would be ruled under the arbitration clause of the contract. ... im to be decided by arbitration because it wanted to seek remedy against the intentional act of breaching its licensing agreement (the 1998 agreement) by KAL and also because infringement of NCRââ¬â¢s copyright in APTRA XFS software which would be dispositive to this claim. It can be affirmed that NCR could have a claim that KAL engaged in unfair competition because KAL indulged in conducting unethical business practices through misusing misused trade secrets and other valuable property information (Gehrke & Associates, S.C., ââ¬Å"United States Court Of Appeals For The Sixth Circuitâ⬠). AMERICAN NEEDLE, INC .V. NATIONAL FOOTBALL LEAGUE (CASE 28.1) FACTS: The National Football league (NFL) includes thirty two independently owned qualified football teams. Every team possess name, logo and colors along with own associated intellectual property. In 1963, the teams created National Football League Properties (NFLP) to build up license and promote their trademarked objects includ ing caps and jersey. NFLP has approved licenses to number of traders allowing them to produce and sell clothes embedding team insignias. American Needle, Inc was one of the licensees. In the year 2000, NFLP approved Reebok International Ltd an absolute ten year license to produce and trade trademarked headwear for entire thirty two teams. Thereafter, it refused to refurbish license of American Needle (Robins, Kaplan, Miller & Ciresi L.L., ââ¬Å"Supreme Court of the United Statesâ⬠). ISSUE: American Needle filed a suit in a federal district court claiming that the contract involving the NFL, the NFLP, its teams and Reebok infringed Sections 1 and 2 articulated in Sherman Act. Law: In response, the defendants affirmed that they were unable of work against within the section 1 ââ¬Å"because they are single
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