Problem
• Read the below fact patterns.
• Answer the questions related to the fact pattern. Note that the facts provided in the scenario are to be applied to the concepts of contract law, IP law, and e-commerce law. You do not need to ask "what if" questions about the existence of other facts
Scenario
Fact Pattern
Advanced Marketing Inc. operates a marketing business, offering services to various other businesses. Its services include graphic design and the creation of logos for businesses, as well as advising on various aspects of design for packaging and service delivery of their clients. Advanced Marketing Inc. is very busy and needs more designers to support its clients. They decide that they may not have enough need to hire additional employees to fulfil the design work and instead would like to hire an independent contractor on a part-time basis to provide design services to their clients.
• If Advanced Marketing Inc. hires an independent contractor to write a description of services for a client, what intellectual property would subsist in the writing, what are its characteristics, and who owns this intellectual property (assuming that there is no agreement between the client, company or the independent contractor on the subject matter)?
• Advanced Marketing Inc. has a client (called Amber Construction & Tools Inc.) that is requesting services to create a new logo for their business. The client has been using the name "Dynamite Drilling" for several years to advertise their drilling services and products, including drilling machines and tools. They want to have a logo created using the Dynamite Drilling name. Advanced Marketing Inc. gets on their best design employees to help Dynamite Drilling with the design of their new logo. The employee creates a great new logo for Dynamite Drilling. What intellectual property rights does Amber Construction & Tools Inc. have in the name "Dynamite Drilling", and in the Dynamite Drilling logo (assuming that Advanced Marketing Inc. has assigned its rights in the logo to Amber Construction & Tools Inc.), and what are the characteristics of such intellectual property? What would Amber Construction & Tools Inc. need to do to ensure that they have the highest form of protection for their intellectual property in the Dynamite Drilling name and logo?