I’m stuck on a Business Law question and need an explanation.
Please complete the IRAC assignment below. Upload your response in a word document before Friday. You will be assigned a student to peer review on Saturday morning. If you have not turned in your IRAC you will miss the peer review. Please complete the peer review as instructed. Your review should comment on the student’s response to the IRAC analysis. Did the student identify each of the elements? Issue, Rule, Application and Conclusion? What grade would you give the student? Assume 1 point for each of the 4 elements and 1 point for overall structure, grammar and clarity. Peer reviews should be completed by the following Tuesday. For this assignment the grade is up to 5 points for your own IRAC and up to 5 for your peer review, for a total of possibly 10 points. Please note that whatever grade you assign your peer is not determinative. This is mostly an exercise for you to learn from each other. All grading is the responsibility of the professor.
Sean Olson has a national franchise in the U.S. of yoga studios all doing business under the name “The Ashram Hot Yoga”. His most lucrative studios are located in NYC, Boston, Atlanta, Philadelphia and Seattle. The business has a trademark for the phrase “The Ashram Hot Yoga” registered with the USPTO since 2015 and associated with the business fields of education, amusement and entertainment.
Janine Hiller owns and operates a yoga studio business in the United Kingdom trading under the name “Hot Girls Hot Boys Hot Yoga”. There are multiple locations in the UK. Janine has a European Union trademark registered since 2014 in the EU for “Hot Girls Hot Boys Hot Yoga”, and similarly associated with education, amusement and entertainment.
Janine has decided to expand her business in the U.S. She has leased five studio spaces located in NYC, Boston, Atlanta, Philadelphia and Seattle, each doing business as “Hot Girls Hot Boys Hot Yoga.” She has not yet filed for a trademark with the USPTO. Sean finds out about Janine’s new studios and wants her to stop using the “Hot Girls Hot Boys Hot Yoga” name as he believes she is unfairly competing in his principle markets. You are Sean’s attorney. Advise him of what he might do legally in his effort to shut down Janine’s U.S. business and the likelihood of his success. Explain the issue or issues to him clearly, and your reasoning by using the IRAC method.