Wrench LLC v. Taco Bell Corporation

 

Thomas Rinks and Joseph Shields created the Psycho Chihuahua cartoon character, which they promote, market, and license through their company, Wrench LLC. Psycho Chihuahua is a clever, feisty cartoon character dog with an attitude, a self-confident, edgy, cool dog who knows what he wants and will not back down. Rinks and Shields attended a licensing trade show in New York City, where they were approached by two Taco Bell employees, Rudy Pollak, a vice president, and Ed Alfaro, a creative services manager. Taco Bell owns and operates a nationwide chain of fast-food Mexican restaurants. Pollak and Alfaro expressed interest in the Psycho Chihuahua character for Taco Bell advertisements because they thought his character would appeal to Taco Bell’s core consumers, males ages 18 to 24. Pollak and Alfaro obtained some Psycho Chihuahua materials to take back with them to Taco Bell’s headquarters.
Later, Alfaro contacted Rinks and asked him to create art boards combining Psycho Chihuahua with the Taco Bell name and image. Rinks and Shields prepared art boards and sent them to Alfaro, along with Psycho Chihuahua T-shirts, hats, and stickers. Rinks suggested to Alfaro that Taco Bell should use a live Chihuahua dog manipulated by computer graphic imaging that had the personality of Psycho Chihuahua and a love for Taco Bell food. Rinks and Shields gave a formal presentation of their concept of using an animated dog to Taco Bell’s marketing department. Taco Bell would not enter into an express contract with Wrench LLC, Rinks, or Shields.
Just after Rinks and Shields’s presentation, Taco Bell hired a new outside advertising agency, Chiat/Day. Taco Bell gave Chiat/Day materials received from Rinks and Shields regarding Psycho Chihuahua. Three months later, Chiat/Day proposed using a Chihuahua in Taco Bell commercials. Taco Bell aired its Chihuahua commercials in the United States, and they became an instant success and the basis of its advertising. Chiat/Day says that it conceived the advertising idea by itself. Taco Bell paid nothing to Wrench LLC or to Rinks and Shields. Plaintiffs Wrench LLC, Rinks, and Shields sued defendant Taco Bell to recover damages for breach of an implied-in-fact contract.
A federal court jury found that an implied-in-fact contract existed and that Taco Bell stole the plaintiffs’ idea for the commercial. The jury ordered Taco Bell to pay $42 million in damages to the plaintiffs. Wrench LLC v. Taco Bell Corporation, 256 F.3d 446, 2001 U.S. App. Lexis 15097 (United States Court of Appeals for the Sixth Circuit, 2001)” 360 https://www.homeworkmarket.com/homework-answers?page=360

Provide three reasons for choosing this organization and describe any image or public relation issues. Public-relation issues can include a negative public incident, poor reputation or recent fraud investigation. Finally, explain how a marketing plan can improve the image of the organization.

Select a      treatment approach of particular interest to you for violent offenders.
Conduct an      academic search in the Walden Library. Select at least one scholarly      article from a peer-reviewed journal that discusses the treatment approach      you selected—an approach that demonstrates efficacy in treating violent      offender populations.
Reflect on      the treatment outcome models as they relate to the research article you      selected. Think about how the treatment approach you selected might be      evaluated using the treatment outcome models.
Select one      treatment outcome model that you think would be most effective for      measuring the success of your selected treatment approach, and consider      why.

Sample Solution

Immediately, after passing of the Universal Declaration of Human Rights in 1948 by the General Assembly, the educational privileges of those with mental or physical disability have been receiving ever increasing attention around the globe. As per Alexander & Salmon (1995), to make sure that special education is children’s privilege to receive an education which needs allocating them with separate class and provision of other learning material supports. As per Nathanson (1998) since the children are unequal, they need unequal treatment and hence, additional resources should be offered for helping children with learning difficulties.

According to World Health Organisation (2010) ‘Disability is an umbrella term covering impairments, activity limitations and participation restrictions. Impairment is a problem in body function or structure: an activity limitation is a difficulty in executing a task or action: while a participation restriction is a problem experienced by an individual in involvement in life situations’
Ofsted (2010) produced figures that suggested that about 1 in 5 or 1.7 million students were classified as having Special Educational Needs. This figure encompasses those students who are also defined as disabled under the Equality Act of 2010. Estimates of the proportion of children with a disability vary but recent analysis indicates that 7 per cent of children in England are disabled. There is a significant overlap between disabled children and those with SEN. Research suggests that around three-quarters of disabled children also have SEN and will currently be receiving support through the SEN system. Plus, SEN labelling can create low self-esteem and can deteriorate succeeding results, labelling students of ‘special needs’ frequently persuades school management to treat them differently and separately instead of perusing them in regular class. To treat them differently and separately are considered to be the handicap present in the existing SEN system. The introduction of The Equality Act 2010 sought to eliminate those elements within schools of treating SEN students differently and separately. Through the requirements of anti-discrimination measures, reasonable adjustments and treating disabled and SEN students more favourably the intended outcome is to improve the experience and achievements of these students.

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