Question 1
Nissan Motor Co. would be concerned about the use of the two domain names being used by Nissan Computer Corp for several reasons. Firstly, as the Web has become a major marketing tool, customers and potential customers of Nissan Motor Co. might have difficulties finding their information due to the two domain names currently owned by Nissan Computer Corp. Ultimately this could result in the company losing profits if customers are not able to access their website. Another concern would be in regards to the names of the companies and possible confusion of these names by customers. Evidently, persons could presume that there is a connection between these two companies especially taking into consideration the fact that Nissan Motor Co. started marketing cars in the US with the name Nissan in the late 1980s. Following this, in 1991, Nissan Computer Corp was formed with two domains names being acquired Nissan.com and Nissan.net in 1994 and 1996 respectively.
A monetary judgment of $10 million did not seem justifiable to me because I do not believe that Uzi Nissan should be punished as he registered his domain names first. However, after careful analysis, I realized that Uzi Nissan erred when he did not respond to the letter sent by the Lawyer representing Nissan Motor Co. A demand letter usually signifies the beginning of a lawsuit. This softball demand letter was not taken seriously by Uzi Nissan maybe due to its laidback nature. However, this would have cause Nissan Motor Co. money in regards to the legal and processing fees which are likely to increase dramatically in a lawsuit, (Smith&Hopen).
Question 2
The standards of ethics serve as guidelines for the conduct of individuals and businesses alike. Uzi Nissan acted h...
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...san Motor Co.
Finally, by not ordering the transfer of the domain names from Nissan Computer to Nissan Motor Co. the courts action was fair to both parties and the general public. Nissan Motor Co. had enough time to register their domain name; therefore they had no legal or ethical rights to acquire the domain names from Nissan Computer. Overall the courts acted in good faith to both parties and the society as a whole.
References
LegalMatch. (2012, August 5). What is Intellectual Property? Retrieved November 19, 2013, from http://www.legalmatch.com/law-library/article/intellectual-property-law.html
Schneider, G. (2013). E-Business (10th ed.). Canada: Nelson Education.
Smith&Hopen. (n.d.). The mechanics of ethical and effective cease and desist letters. Retrieved November 19, 2013, from http://www.smithhopen.com/litigation_cease_and_desist_letter_strategies.aspx
Judicial History: The District court of Iowa granted a motion for summary judgement in favor of National By-Products, Inc. The court determined that Dale Dyer had an invalid claim to bring forth a lawsuit, thus lacking consideration to create a contract.
Nissan Company strategic alliance with French auto car manufacturer Renault was mutually beneficial for both companies, each of them expanding portfolio and becoming more competitive in the context of globalized mature automobile market.
Ethics are very important in the business world and to the general public. Ethics is defined as a system of moral principles or the rules of conduct recognized in respect to a particular class of human actions or a particular group. Using a moral compass should be a requirement for every CEO and executive. Any person who will have some impact on society needs to understand the difference between right and wrong. Since businesses touch such a large segment of our society, codes of ethics must be established and followed to protect the general public. In the following pages we will discuss the 1989 Exxon Valdez oil spill disaster and examine how it relates to (1) the state of business ethics since 2000, (2) examples of the classic schools of ethics - golden rule, golden mean, utilitarianism, and categorical imperative, (3) three challenges journalist face in various media today, (4) what encompasses the values of honesty and loyalty in the code of ethics developed and published in 2000 for members of the PRSA, (5) some of the regulations of the Securities and Exchange Commission, and (6) why public relations practitioners should be aware of various laws.
Ferrell, O. C. (2010). business ethics ethical decision making and cases, 2009 update. (7th ed., p. 40). Mason: South-Western Cengage Learning. DOI. www.cengage.com
Brief Fact Summary: Rotorex Corp., (Defendant) appeals the trial court decision in favor of Delchi Carrier SpA (Plaintiff) for loss of profits and other consequential resulting from Defendant’s delivery of non-conforming goods.
1. U. S. courts sometimes appoint advisors ( often called Special Masters) to help them decide cases that involve complex business or technical issues. Assume you are a business advisor to a court that is hearing an appeal of the Nissan Motor Co. v. Nissan Computer Corp. case. In about 200 words, explain why Nissan Motor Co. is so concerned about the use of these two domain names and how a monetary damages judgment of $ 10 million could be justified ( if you do not believe that the monetary damages are justified, explain why).
Whatever the judgement of this case would be, it would for sure create a landmark with respect to income classification. It would be used as a precedent in numerous cases to come in future. Owing to the current scenario and the facts of the current case, the judgement went in favour of Vodafone, saving them a tax penalty that went into thousands of crores. Had the conditions and facts have been different, then there would have been a different outcome (maybe resulting in an amendment of the IT act also) , which might have given huge revenue to the IT department. This case highlighted the use of these tax havens, by particular shell companies either for investment or tax evasion, but however this case according to the SC was not classified to fall under tax evasion. The SC’s interpretation of the broad concept of ‘transfer of shares was also a highlight of this case. The request made by the IT department to treat the case retrospectively with the act before 1962’s amendment, was bogus. This case was treated as of utmost importance by the SC , because the outcome if this case would have a direct impact on the investment of various foreign MNC’s in the Indian market. Yes no doubt it cannot be denied that the IT department had acted in its authority and was only fighting this case to earn revenue for the government itself , but its action of appealing in the court repeatedly which led to arbitration shows the behaviour of the It authorities towards large holdings. Due to its loss in this case , now the department would do everything in its power not let any other company( that is actually no evading tax but investing) , escape small amount of tax.
Introduction The situation currently inside Eclipse Airlines is one that involves the absence of ethics. There is no ethics program of any type in line with the daily functions or the future progression of Eclipse Airline. As such, “ethics” is defined by the employees and is passed on under management from employee to employee via verbatim. The CEO of Eclipse Airline further recognizes possible problems that may arise in the absence of an ethics program, one that recognizes the safety of the employees and also of their client passengers. The problems are compounded by the duality of an unrefined form of ethical culture in the company and the economic pressure which is at the face of any business progression.
In June 2012, a social media defamation case was brought to trial, the Clay Corporation v. Colter. In Massachusetts, Clay Nissan fires an employee and the emplo...
From a long-term, global perspective he believes that business ethics is paramount to all societies at the turn of the millennium. Because major driving forces for business ethics lay in an increasing importance of business, a growing diversity of ethical beliefs and an ever more pressing need to address th...
In order effectively to manage ethical issues, organizations must ensure their managers and employees understand how to handle ethical issues that arise in their everyday work lives. Consequently, employees must first understand some of the primary reasons for the occurrence of unethical practices in order to avoid them. In business, it is easy to talk about ethics, but sometimes can be a challenge to ‘walk the talk’, which makes it critically important to ensure the establishment of the organization’s Code of Ethics and focus on providing and creating value along with sharing corporate values in the daily interactions with people.
In this assignment I am going to assess and discuss the major ethical theories, their contents, meanings and why they exist and why we need them. Also I will analyze and elaborate on the code of ethics and its importance to every society, industry business or company. I will integrate both ethical theories and codes of conduct together and will connect them together. This paper's main intention is to clarify and explain to people who don't about ethics and the theories what they are, and so also make it simple to understand.
This case has been one of the most published and looked at judgments in the recent times. It is one of the most sought after judgments in the field of taxation. The judgment although provided a clear and to the point understanding the law, it did not help the government in its intentions and did not help the revenue department implement their intent of making the transactions like that of the Vodafone taxable.
Ethics is highly important stance for the management at MKD Transportation. Some ethical behavior that MKD managers place an emphasis on is as follows: integrity, abiding by the law, and accountability. Integrity is an extremely important factor which employees of MKD should place foremost in their day to day activities. The employees must be honest with not only the management, the customers MKD services, and the citizens which inhabit the service areas. If an employee does not exhibit integrity it could cost the organization money, time or even legal actions stemming from unethical behavior. MKD must abide by the law, not only in the US but international law as well. Adhering to the rules and regulations is a must for any corporation. As MKD is a transportation company whom conducts commerce world-wide, it is particularly vital they abide by the law. Executives at MKD
The contract at hand is a standard commercial contract, between two parties on an equal footing. Both parties to the case are private companies with equal bargaining power. There was no abuse of power, or advantage taken of a vulnerable party. The agreement made between them, with animus contrahendi, should thus be honoured.