Read the Call of the Question: Inc. v. Banks, Cheeseman

CALL-OF-THE-QUESTION: Business Law
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Inc. v. Banks, Cheeseman text page 54
The Zippo test distinguishes the interactive, semi interactive and passive websites when determining the defendant’s website (Clarkson, Miller, & Cross,, 2010). Interactive websites allow exchange of information between the visitors and site owner, while commerciality and interactivity are considered to determine jurisdiction. In semi interactive the transactions level between the site owners and visors are low, but the court has personal jurisdictions in such cases. Passive websites only provide information but no contact for jurisdiction unless there is an intentional tort. In the Chanel, Inc. v. Banks, the defendant acted unethically by selling fake luxury goods identical to the trademark products of Chanel. The internet has created complication for trademark and copyright holders, as there is a risk that may people may use unauthorized trademarks and copyrights, while others pass off as the rightful owners of the intellectual property.
Briefing Paper 2: Law Case with AnswersSection 3.1 Standing to Sue – Cheeseman text page 58.- Carnival Cruise Lines, inc vs. Shute Carnival Cruise Lines, inc the plaintiff had an agreement with the passenger in the form of a forum-selection clause that any arising matter associated with the cruise ships settled by a Florida court (Cheeseman, 2013). The plaintiff main operations were in Florida and the company’s representatives could argue that the clause did not negate judicial fairness, while the terms and conditions had been written. The defendant could argue that regardless of the agreement she was injured because the plaintiffs were negligent, while she purchased her ticked in Washington. Mrs. Shute was also likely to face difficulties pursuing the litigation in Florida, and the agreement would be unenforceable.
Section 4.1 Summar...