Bug Inc. Paper

Bug Inc. Paper

BUG, Inc. designs, manufactures, and sells electronic recording devices used by law enforcement agencies to intercept and record sounds and voices. The company's logo is a ladybug wearing a set of headphones. BUG has exclusive contracts with most state and federal law enforcement agencies throughout the United States. Part of the equipment is driven by software written by BUG employees. BUG is interested in expanding the international market base. The following paper is an overview of legal aspects reflected by Bug, Inc. in conducting business.

Intellectual Property

BUG must consider protections for its intellectual property, such as patents, copyrights, trademarks, and contractual. A patent is a grant of property rights, approved by the Patent and Trademark Office. Patents are beneficial for BUG because part of BUG equipment is driven by software designed by employees of the company. A trademark is a distinctive way in which businesses goods and services are represented. Trademarks come in the form of a logo, symbol, words, or brand names for packaging purposes and provide security for BUG's company logo when expanding internationally. A copyright affords protection of original literary, artistic works, and sound recording. BUG inventions are protected from reproduction by other businesses with a copyright.

WIRETAP Versus BUG

WIRETAP, Inc. is a competitor of BUG. Steve, one of WIRETAP's current employees, obtained a job at BUG in the research and development department. While working at BUG Steve forwarded e-mail pertaining to client relations, both domestic and international, and information about the BUG product lines to WIRETAP.

Many crimes are committed against business property often engaging in stealing or theft and the misappropriation of funds. Steve engaged in taking another business's property, namely tangible property, trade secrets, computer programs and other business property. Steve faces civil liabilities of larceny and more appropriately theft. Additionally, Steve faces specific crimes committed by business people only, referred to as white-collar crimes, involving being cunning and deceit. Embezzlement also applies to the situation because property is being stolen by someone BUG has entrusted in being a key element in a civil case.

WIRETAP is liable for engaging in receiving stolen property or intentionally depriving the rightful owner of property. WIRETAP is also liable for obtaining property through dishonesty and trickery amounting to a crime of false pretenses, also known as criminal fraud and deceit. Depending on how the company intends to use the stolen information, intentional misrepresentation, falsely representing the material fact, applies. Furthermore, WIRETAP is participating in a very common law tort of palming off, an old form of unfair competition often occurring when one company tries to palm off its own product on the competition. Additionally, WIRETAP has engaged in criminal conspiracy and is liable for overt act.

Truth Be Told

A security guard for BUG learns Steve works for WIRETAP. Walter takes Steve to a small soundproof room for six hours to ask him why he is at BUG and what information was given to WIRETAP. Walter tells Steve that he will hurt him if he does not tell him everything. Steve finally tells Walter what he wants to know and is released.

"The law protects a person from unauthorized touching, restraint or other contact" (Cheeseman, 2004, xxx). Walter is liable for committing the intentional tort of assault, the threat of immediate harm or any offensive contact or action arousing apprehension of imminent harm. Any action of physical contact or threat of future harm is considered unnecessary and is actionable in a civil suit. Battery also has a role in this situation since the tort typically goes hand and hand with assault. In addition, had Steve not confessed to his crime, Walter would have been accused of false imprisonment and held liable for the constraint and confinement of another person without authority, justification or consent.

Bug faces the same intentional torts Walter faces, assault and battery, because the activity took place on company grounds. In regard to the false imprisonment, one would have to assume that Steve felt threaten by Walter's actions due to his confession of the crime. For this reason, the company is also liable to a civil suit.

Interstate and International E-Commerce

BUG wants to sell its products via the Internet and has come to you to ask advice about interstate and international e-commerce. BUG is concerned about privacy, security, infringement issues, and email contract validity. BUG also has a concern over another