Question: Case Analysis -1. Please read the case and answer the following questions. (25 points) Jack and Rose were childhood sweethearts who were admitted to two
Case Analysis -1. Please read the case and answer the following questions. (25 points)
Jack and Rose were childhood sweethearts who were admitted to two universities far apart at the age of 18. Before he left, Jack said to Rose,
"If you still don't have anyone you want to spend your life with in five years, then marry me. If you find someone you love, I'm still your best friend, and I'm always there when you need any help with anything from me.
Rose said, OK.
During these five years, Jack had been studying very hard, and he was waiting for Rose.
Five years later, Jack meets Rose in Beijing, and Rose's boyfriend, Carl. It turned out that Rose had forgotten what Jack had said to her five years ago. During the chat, Rose learned that Jack had just won a design award, and she told Jack that she and Carl just start a business in this field and wanted to invite Jack to join. Jack agreed. Her companys name is RosieCarl LLC, and she suggested Jack contribute his capital in his labor service, and he can take 20% of her companys shares. Jack said, OK, you are the boss. But Carl said it is better not to let Jack share the burdens with us, just provide him 20% of the profits of company as Jacks salary and sign a labor contract with him. Rose and Jack agreed with that.
After Jack started to work in RosieCarl LLC, he designed the new season of womens wear which was extremely popular among customers in the market. And he told Rose that he wanted to register a new trademark for their company J.C. Rose and use that trademark only on the labels of products he designed. Both Rose and Carl agreed with that. Carl also hired some new employees (one of them is Sam) to be the assistants of Jack.
After Sam working with Jack for 3 years 5 months and 20 days, he knew a secret. Both Rose and Carl believed that the trademark J.C.Rose means Jack Carl Rose, but the true meaning of this trademark is Jack CARES Rose. There is nothing about Carl, just Jack and Rose. Sam told Carl the secret on the day he knew that and told Carl that he could take Jacks job. The next day, Carl had a long talk with Jack, and Jack left the company without saying anything to Rose. After Jack left, Sam was promoted as the designer of J.C.Rose, but he was not as capable as he said. After 1 year, without Jack, J.C.Rose lost most of its loyal customers and Sam could not do anything to help. And the company had a huge debt to its creditors. It was inevitable that the company had to cut down on staff in order to cut costs. Sams team was on the list.
There are 4 members in Sams team including himself, basic information of the members is listed below:
Sam, male, 28 years old, healthy, worked 4 years 5 months and 2 days in the company
A, female, 26 years old, healthy, worked 3 years 6 months and 15 days in the company
B, female, 23 years old, pregnant, worked 6 months and 1 day in the company
C, male, 20 years old, healthy, worked 2 years and 3 days in the company
Rose was looking for someone to deal with the layoffs
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Questions:
1.When Jack said to Rose, "If you still don't have anyone you want to spend your life with in five years, then marry me. If you find someone you love, I'm still your best friend, and I'm always there when you need any help with anything from me. Is this an offer? ( ) And While Rose said OKis Rose making an acceptance? ( ). (4 points)
Yes, yes
No, No
Yes, No
No, Yes
2. Can Jack contribute his capital in his labor service, and take 20% of her companys shares if all the shareholders agreed with that suggestion? ( ) (3 points)
Yes
No
3. If the company successfully registered the trademark J.C.Rose, which of the following statement is right? ( ) (3 points)
The womens wear Jack designed could be seen as a WORK which can provide the right owner copyright.
The trademark belongs to Jack because Jack designed it
Carl can authorize others to use J.C.Rose on their products without the consent of anyone because he is the shareholder of the company and the company own this trademark.
Both Rose and Carl own the trademark rights together.
4. If you were the one to deal with the layoffs in RosieCarl LLC, what kind of layoff compensation plan will you provide? And WHY? (15 points)
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