Russell Christoff vs. Nestle Usa Inc

In: Social Issues

Submitted By jamgich
Words 1089
Pages 5
Russell Christoff Vs. Nestle USA Inc. (S155242)
Russell Christoff a professional model, in the year 1986 was paid the amount $250 by Nestle Canada for a photo-shoot where his photos would be used on the label of their product, bricks of coffee. Terms of the contract between the plaintiff Russell and Nestle Canada stipulated that he would be compensated the sum of $2000 in the case the company decided to use his image for other purposes while other applications exempted from their contract remained open for new negotiations. Nestle USA in the year 1997 changed their prior image on the label of their Tasters Choice instant coffee product with a slightly altered image of Christoff without his consent. In the year 2002, sixteen years after Christoff prior contract with Nestle Canada, he identified an image of his face on the label of a Taster Choice Coffee jar without his consent. Further investigation revealed that Nestle USA had also used a slightly altered photo of Christoff from his original photo on a number of other products and publications. Less than a year later, Christoff in response filed a suit against Nestle USA Inc. the defendant, for their appropriation of his likeness.
Procedural History The case for Christoff against Nestle USA went to the trial court after court established that the defendant argument of the single publication rule did not substantiate dismissal of the case. In the year 2005, Christoff won the case against Nestle USA Inc. by verdict of the jury for appropriation of likeness and received an aggregate $15 million in damages. However, Nestle USA Inc. won their appeal against Christoff after the California Court of Appeal reversed the trial court judgment of $15 million compensation in damages in its entirety. California Appeal court based appeal on the interpretation of single publication rule and the…...

Similar Documents

Big Bank vs System Inc

...INPUT AND OUTPUT DATA. Big Bank shall be responsible for providing to Systems Inc. all input data and other information necessary for System Inc. to perform the Services. Big Bank is solely responsible for the accuracy and delivery of all information to be provide to System Inc. Before making changes to data conversation fields, System Inc. must obtain the approval of Glenda Givealot, Brian Banker, Paris Changemaker, and Phil Profit. Second Issue: Due to the problems in the first issue , the schedule date for the conversion was change , this effect the timeline. CONVERSION OF BIG BANK’S INFORMATION: Section 2 (b) System Inc. reserves the right to postpone conversion of Big Bank’s information files if Big Banks is late in delivering its conversion input information or if any other circumstances arise that might jeopardize the successful completion of Big Bank’s information conversion or the processing of the Big Bank’s following day’s transactions for any other customer of Systems Inc. Third Issue: Ice storm struck the state where the System Inc. data processing computers were house. The facility lost electricity for 3 days, the schedule conversion was delayed again until the power could be restored. EQUIPMENT: Section 7 (a) and (b) Section 7 (a). Big Bank agrees that it is responsible for all communications between Big Bank and System Inc. Section 7 (b). System Inc. shall not be responsible for the reliability or continued......

Words: 359 - Pages: 2

Mark Reality Inc vs Rogn

...Mark Realty, Inc. v. Rogness 418 SO.2D 373 (1982) District Court of Appeals of Florida COWART, Judge Tilman A. Rogness, owner, entered into four separate agreements with Mark Realty, Inc., a real estate broker.  They were entitled "exclusive right of sale" and gave the broker, for a stated period of time, the exclusive right to sell the property for a certain stated price and on certain terms.  The broker sued on the four agreements for brokerage commissions, alleging that during the time provided in the agreements the owner had conveyed the four properties.  The owner's answer alleged affirmative defenses to the effect that the owner had "canceled, revoked, and terminated" the brokerage agreements before the properties were sold and that the broker had never performed under the agreements. The trial judge construed the brokerage agreements to constitute mere offers to enter into unilateral contracts under which the broker would be entitled to a commission only if he performed by "finding a purchaser of the above property."  If the documents in question are merely offers limited to acceptance by performance only, the trial judge's analysis and conclusion would be correct. We cannot agree that the documents were only offers for a unilateral contract.  The documents illustrate what has been termed "the usual practice" in the making of bargains.  One party indicates what he will do and what he requires in exchange and the other then agree.  These......

Words: 726 - Pages: 3

Intellectual Property Alcon vs. Nestle

...Case 3 Question 1 The Nestle Group would like to partially list one of its largest non-food holdings, Alcon, for several reasons. Nestlé’s top executives would like to discover the true valuation for each of the company’s holdings on a separate basis. Up until now, Nestlé’s EBITDA figure represented Nestlé as a group, not independent of its non-food holdings. While this measure was comparable with others in the industry, the executives felt that it was not truly representative of either Nestlé or Alcon. Although small in comparison to Nestlé, Alcon’s growth and profitability had outpaced the Nestlé Group as a whole and, thus, could possibly skew investors’ true valuation of both companies. By listing Alcon, the executives believe that there would be no better way to shed Alcon of its buried position under Nestlé’s food and beverage division. This way, the market can naturally decide the value of Nestlé amongst the expansive food and beverage industry and Alcon amongst the niche ophthalmology industry. At the time of this debate, Nestlé was trading at a discount relative to other similar corporations in the food and beverage industry. The executives credited this to the fact that the non-food divisions of Nestlé, such as Alcon and L’Oreal, were incorporated in Nestlé’s food and beverage market valuation. Listing Alcon would therefore force analysts to break down Nestlé into its divisions and allow the food and beverage division to stand on its own. Once the executives......

Words: 1686 - Pages: 7


...Initiating Coverage March 23, 2012 Rating Matrix Rating Target Target Period Potential Upside : : : : Buy | 5074 12-15 months 10 % Nestlé India (NESIND) Strong brand dominance to rule growth… CY13E 16.8 18.0 19.0 19.0 | 4604 YoY Growth (%) (YoY Growth) Net Sales EBITDA Net Profit EPS (Rs) CY10 21.9 20.8 25.0 25.0 CY11 19.8 24.3 17.5 17.5 CY12E 18.8 17.3 22.4 22.4 Current & target multiple P/E (Adjusted) Target P/E EV / EBITDA P/BV Price / Sales RoNW RoCE CY10 53.0 59.9 35.3 51.9 7.1 95.7 131.2 CY11 43.6 51.0 29.2 34.8 5.9 75.5 62.3 CY12E 37.7 41.7 24.7 24.2 5.0 64.1 64.6 CY13E 31.7 35.0 20.8 18.1 4.3 57.1 67.0 Stock Data Bloomberg/Reuters Code Sensex Average volumes Market Cap (| crore) 52 week H/L Equity Capital (| crore) Promoter's Stake (%) FII Holding (%) DII Holding (%) NEST.IN / NEST.BO 17,361.7 6,515.0 44,389.8 4588 / 3501 96.4 62.8 10.9 8.0 Comparative return matrix (%) Return % HUL ITC GSK Nestle 1M 2.9 4.6 5.3 2.9 3M 9.1 (3.1) 7.8 9.8 6M 5.8 19.3 15.1 4.8 12M 25.2 47.9 29.2 22.7 Nestlé India Limited (NIL), the undisputed leader of instant noodles (~88% share by volume in FY11) and milk products segment in India, is largest food company in country. Its strong brands, ‘Maggi’, ‘Cerelac’, ‘Nescafe’ and ‘KitKat’ have become synonymous with the respective categories. Despite increasing competition in the segments (noodles, milk products and chocolate), NIL’s strong brand value has helped it to consistently maintain its volume growth (~12% CAGR FY04-11). Going......

Words: 11244 - Pages: 45

Usa vs Cuba

...have had a negative relationship for over 50 years, but recently the two countries appear to be working together to create a better, or civil environment for both of their people. The threat of an imminent nuclear war with the Soviet Union and missile crisis with Cuba, was enough to make both the United States and Cuba realize that there needs to be a change on both sides. Raul Castro and President Obama are working to continue a somewhat stable relationship between the two countries, so there will not be anymore chaotic threats for either side. Works Cited Adams, David, and Daniel Trotta. "U.S. Policy Change On Cuba Stalled - by Obama." Reuters. Reuters, 6 Feb. 2014. Web. 19 May 2014. <>. "The Bay of Pigs." - John F. Kennedy Presidential Library & Museum. JOHN F. KENNEDY PRESIDENTIAL LIBRARY AND MUSEUM, n.d. Web. 14 May 2014. <>. Chomsky, Noam. "Cuban Missile Crisis: How the US Played Russian Roulette with Nuclear War." The Guardian. The Guardian, 15 Oct. 2012. Web. 18 May 2014. <>. Dowling, Mike. "Fidel Castro" Updated July 24, 2013 . Web. Date of Access. Gwertzman, Bernard, and Leslie H. Gelb. "Lessons From the Cuban Missile Crisis." Council on Foreign......

Words: 1542 - Pages: 7

Economic Factors for Apple Inc in Usa

...Introduction: Apple and Samsung are the two greatest companies in the world, when it comes to supply of Mobiles phones, laptops And TV’s. The fierce competition between Apple and Samsung is going on from a long time. And surely the consumer’s across the World are benefited by this competition. Apple Inc. is an American multinational partnership headquartered in Cupertino, California, that plans, creates, and offers buyer gadgets, machine programming, online administrations, and Pcs. Apple was established by Steve Jobs, Steve Wozniak, and Ronald Wayne on April 1, 1976 to create and offer Pcs. It was named Apple Inc. on January 9, 2007 to reflect its moved center towards buyer hardware. Its best-known fittings items are the Mac line of machines, the ipod media player, the iphone cell phone, and the ipad tablet machine. Apple has ceaselessly concocted imaginative items making it the most significant organization on the planet and abandoning all its rivals Samsung (Hangul: 삼성; hanja: 三星; Korean articulation: [sʰamsʰʌŋ ɡɯɾup]) is a South Korean multinational combination organization headquartered in Samsung Town, Seoul Samsung was established by Lee Byung-chul in 1938 as an exchanging organization. Throughout the following three decades, the gathering broadened into zones including sustenance transforming, materials, protection, securities and retail. Samsung entered the hardware business in the late 1960s and the development and shipbuilding commercial enterprises in the......

Words: 1105 - Pages: 5

Mirror Worlds vs. Apple, Inc.

...Running Head: MIRROR WORLDS VERSUS APPLE, INC. 1 Mirror Worlds versus Apple, Inc. Willful Infringement MIRROR WORLDS VERSUS APPLE, INC. 2 ABSTRACT This paper will discuss the lawsuit filed by Mirror Worlds LLC against Apple, Inc. for infringement of four patents owned by Mirror Worlds. Mirror Worlds’ patents cover intellectual property; namely that of digital and visual media and the consolidation and sorting thereof. The jury’s verdict in this case awarded Mirror Worlds a substantial amount of money for damages caused by the supposed willful infringement of Apple, Inc. In addition, Apple, Inc.’s arguments, namely involving the claim of willful infringement, evolving into a counterclaim against Mirror Worlds will also be discussed. Keywords: intellectual property, patents, infringement, software, documents, counterclaim, willful infringement MIRROR WORLDS VERSUS APPLE, INC. 3 Mirror Worlds versus Apple, Inc. Willful Infringement In February of 2010, the United States Patent and Trademark Office, USPTO, granted Apple Inc. a design patent on Cover Flow, which covers the design and display of specific documents, but not the functionality. “A patent is a legal right, for a limited term, to exclude others from using, selling or making an invention or discovery.” (Kay, Millonzi and Passannante, 2001). Patent D609715 regards an “animated graphical user interface for a display screen or portion thereof. The process or period in which an image transitions......

Words: 2081 - Pages: 9

Union Density: Canada vs. Usa

...Union Density: Canada vs. USA Union density refers to the amount of paid employees that are union members. Historically, union density has increased between 1930 and 1950 from 14 percent to 30 percent. At that time union growth in Canada was extremely behind United States. This was caused by the legislation that was going on with workers and their rights to form and join unions. However it wasn't until the mid 1950s that Canadian union organizations caught up to the US. Despite this growth, the union density was yet on the verge of steady decline in both countries. The slow growth stage of union membership in the labor force was harshly upturned in Canada but remained the same in the US. As a result, for the past 30 years, a huge gap formed in the importance of unions and collective bargaining in the two countries, Riddell & Freeman (1993). The union density in the US had declined considerably in the past three decades. Although the two countries share many similarities between economies and industrial relations it’s likely to question why declines occurred in the unions of the United States but not in Canada. The reason why union density declined in the US was because of the structural changes of the economy and the labor force. Majority of the employment changes that took place in the past 30 years was that they moved away from manufacturing, focused more towards services, preferred white collar rather than blue collar, shifted from full time male workers to......

Words: 1105 - Pages: 5

Kellogg vs Nestle

...Kellogg vs Nestle Kellogg Company Kellogg’s Company (“Kellogg’s”) was founded in 1906 and incorporated in Delaware in 1922. Kellogg’s is a publicly traded company on the New York Stock Exchange under the ticker symbol K. Kellogg’s is engaged in the manufacturing and marketing of ready-to-eat cereal and convenience foods. Kellogg’s manufactures these products in 20 countries and markets them in over 180 countries. Major brand names trademarked by Kellogg’s include: All-Bran, Apple Jacks, Cheez-It, Cocoa Krispies, Kellogg’s Corn Flakes, Corn Pops, Cracklin’ Oat Bran, Eggo, Froot Loops, Kellogg’s Frosted Flakes, Keebler, Frosted Mini-Wheats, Pringles, Pops, Kellogg’s Raisin Bran, Rice Krispies, and Rice Krispies Treats (Kellogg’s 10-K, 2014). Kellogg’s largest customer is Wal-Mart Stores, Inc. (“Wal-Mart”) which accounted for approximately 21 percent of consolidated net sales for the fiscal year ended 2014. As of January 3, 2015, Kellogg’s had approximately 29,790 employees (Kellogg’s 10-K, 2014). Name of corporation: K – Kellogg Company Date/period of the report: Fiscal Year End: January 3, 2015 Cash dividends per share: 2014 - $1.90 per Common Share; 2013 - $1.80 per Common Share Current Ratio: 2014 – 0.77 2013 – 0.85 Common Stock Shares issued and outstanding: As of January 31, 2015, 356,571,864 shares of the common stock of the registrant were issued and outstanding. Common stock, $.25 par value, 1,000,000,000 shares authorized Issued:......

Words: 826 - Pages: 4

Walmart Stores Inc. vs. Samara Brothers Inc,

...Walmart Stores, Inc. vs. Samara Brothers, Inc. : Commercial Law 1. Summarize the facts associated with Walmart Stores, Inc. v. Samara Brothers, Inc. Samara is a manufacturer of children's clothing. The core of Samara's business is its line of spring/summer seersucker children's garments. Wal-Mart is a national chain of retail stores which sells a variety of items, including children's clothes. In 1995, Wal-Mart contracted with Judy-Philippine, Inc. (“JPI”) to have JPI manufacture for Wal-Mart a large quantity of children's seersucker garments to be offered for sale under Wal-Mart's house label, “Small Steps,” in the 1996 spring/summer season. The samples on which the Wal-Mart buyers' orders of JPI garments were based were actually Samara garments.   In other words, the Wal-Mart paperwork preparatory for placing an order bears photographs of the garments being ordered, and in many of those photographs the name “Samara” is readily discernible on the hangtags and/or neck labels of the garments. When JPI manufactured the clothes, it copied sixteen of Samara's garments with some small modifications to produce the line of clothes required under its contract with Wal-Mart. Wal-Mart Stores, Inc. then sold these items in its stores under the “Small Steps” label. Samara holds copyright registrations on thirteen of the sixteen garments copied.   In early June 1996, a buyer at J.C. Penney, one of a number of stores......

Words: 2260 - Pages: 10

International Business Negotiations (China vs Usa)

...NEGOTIATING INTERNATIONAL BUSINESS – CHINA vs. USA CHINA | USA | The People’s Republic of China is in the midst of a major transition from rigid communist country to free-market society. For instance, significant cultural differences exist between rural and urban areas as well as between old people and younger ones. Generally, young people in major urban areas are more aggressive and willing to move faster than older ones in rural areas may be. Nevertheless, the country’s culture is quite homogeneous overall. While most Chinese businesspeople and officials have only limited exposure to other cultures, some are very perceptive in doing international business and may appear quite ‘westernized. However, it is crucial to show respect for the country’s history and importance. While there is no problem with calling China a developing country, do not refer to it as a third-world country. After all, China’s importance as a powerful nation reaches back some 5,000 years. | The US, the world’s third largest country both in size and in population, is a multicultural mosaic of 300 million people of mixed race and heritage. Yet, despite this ethnic and cultural diversity, the US still exhibits a distinct business culture. An important aspect of US culture is the American Dream: the widespread belief that every individual can succeed and prosper financially by working hard. This idea contributes to a strong work ethic and to a system that is merit based. The repercussions of...

Words: 4745 - Pages: 19

Jumpstarter Inc. vs. Bob Hartley

...Jumpstarter Inc. vs. Bob Hartley Name Institution Jumpstarter Inc. vs. Bob Hartley Introduction Jumpstater Inc had developed a product, Jumpstarter I, which was a pacemaker intended to regulate the heartbeat of an individual in the body. At the end of the nineties, the company discovered that the device became faulty when the body temperature increased above normal. To reverse the damage, the firm asked the medical facilities that had any unused product to return them to the company for credit. Additionally, Jumpstarter Inc. advised practitioners to remove any device that had already been implanted in the patients. Bob Hartley, a physician that had used the product in some of his patients, had to perform some serious open-heart surgeries to remove the pacemaker to correct any problems. Following the settlement negotiations between Hartley and the company, the practitioner sued Jumpstarter Inc. Bob claimed that the firm could have made their product safer through reliable tests as well as the use of substitute designs. This paper presents a case for Hartley against Jumpstarter Inc and the theory that he can use to recover from the company. Additionally, the paper presents the defenses the accused can apply in the case. Plaintiff Bob Hartley can recover from the company if he would stand in the theory of implied warranty. According to the theory, a promise made to a consumer from the operation of the law means that a product that is sold would be fit and......

Words: 605 - Pages: 3

Unilever vs Nestle Analysis

...Global Branding of Unilever and Nestle | Report Analysis | ] | Global Branding of Unilever and Nestle | Report Analysis | | 1. Executive summary 4 2. Introduction 4 3. Overview of Unilever and Nestle 4 3.1. Company Facts-Vision and Mission 5 3.2. Company Facts-Core Business Sectors 5 3.3. Company Facts- Business Strategy 5 4. Global branding 6 4.1. Standardization vs. regional adaptation 6 4.1.1. Language 6 4.1.2. Cultural differences 7 4.2. Advertisement 8 4.2.1. Religious issues ...

Words: 3373 - Pages: 14

Usa vs. Japan - Economics & Intercultural Communication

...and Canon. Read more at Suite101: Japan's Trade Buddies: Top 15 Japanese Export & Import Partners USA vs. Japan - Economics & Intercultural Communication Table of contents 1 Introduction....................................................................................1 2 The economy of Japan..................................................................1 3 The economy of the USA...............................................................2 4 Intercultural Communication..........................................................3 5 Conclusion.....................................................................................3 1 Introduction In my paper I want to write about the United States of America and Japan. I will write about the economic backgrounds of the two countries and also write about some typical behaviors that must be mentioned when somebody talks about intercultural communication in the two countries. Before I will go to my topics I think its important to know that both countries have one similarity that is not so positive in the minds of them. It was the 7th December of 1941 when Japan attacked the United States in Pearl Harbor. The effect on that attack was the entry of the USA in the Second World War. We more or less know the progress of that war but I think the worst of the war were the airdrops of the first and second atomic bombs on Hiroshima......

Words: 1686 - Pages: 7

Car Mexico vs Usa

...COUNTRY ANALYSIS REPORT: MEXICO VS U.S.A HEALTHCARE MERCK - DIABETES Group 14 – Campus Santa Fe: Angelica Hidalgo 1461526 Alejandro Meza 1464801 Cinthia Merlos 1462113 Juan José Ibarra 1465263 April 10th, 2012 INDEX 1. INTRODUCTION 2. ECONOMIC VARIABLES 3. POLITICAL VARIABLES 4. SOCIO –CULTURAL AND DEMOGRAPHIC VARIABLES 5. COUNTRY ATTRACTIVENESS SCORE 6. THE DECISION 7. EXHIBITS 8. BIBLIOGRAPHY 1. INTRODUCTION 2. ECONOMIC VARIABLES The total economic impact of diabetes worldwide In the world the economic impact about the diabetes was 376 billion dollar in 2010, this is the 11.6% of the total healthcare budget in the world. This facts give us an idea about how is important to analyze the impact in economies of this disease and we are going to go deeper for the analysis of Mexico and United States of America. MEXICO In Mexico the economic impact due to diabetes cost more than 7 billion dollars in 2011 according to the Instituto Nacional de Salud Publica. And is expected an increase of 15% this year of 2012 this impact is really huge because 50% of this expense was made by families and the other 50% was made by government in Latin America Mexico is the......

Words: 4412 - Pages: 18