INSTRUCTIONS:

Your case brief assignment is as follows: Using the assigned case facts, prepare a Modified Case Brief (different from regular case brief as it requires your personal perspective, see instructions and sample below), similar in structure to the sample case brief of Bad Frog Brewery and rubric in the two pages following, including headers, identifying Facts, Issue, Rule, Application, and Conclusion. However, in addition to identifying and listing the Facts, Issue and Rule, you are to prepare your own original Application of the facts applying the law to the facts to answer the issue(s) identified, and you are also to come up with your own original Conclusion, meaning how would you rule on the Issue you identified?

Case Brief #3 Assignment Tyler Swish v. Cordashyan Inc. (2005)*

In 2003, Tyler Swish (Swish) created a computer-generated image (CGI) of a rainbow colored comedic raven. Swishs raven would in a very low-pitched voice rap with rhyming lyrics, make fun of everyone it encountered, as it flew around in circles 5 feet above the object of its ridicule. Swish often posted videos of his CGI raven rapping and making fun of random people of all ages on his Instagram account, which had more than 3 million followers.

Cordashyan Inc. (Cordashyan) is a well-known company that specializes in selling cosmetic plastic press-on fingernails of all shapes, sizes and colors. Cordashyans net worth is estimated at $3 Billion. In January 2004 Cordashyans Director of Marketing, Cimmie Cordashyan learned about Swishs raven. Cimmie absolutely loved the Swish raven character and believed she saw a marketing opportunity.

Cimmie shortly thereafter met with Swish to discuss use of the Swish raven as a sort of mascot in connection with advertising for the Cordashyan plastic fingernails. Swish met with Cimmie over the period of three days to discuss advertising possibilities using the Swish raven. After this meeting, Swish sent to Cimmie mock-ups, artwork, clothing, merchandise, and other ideas involving the Swish raven. Cimmie used the material, as well as her own powerpoint presentation, to try to pitch the idea of having the Swish raven be the new Cordashyan mascot, including for use in its advertising. The Cordashyan board loved the idea and had Swish make a sales proposal to sell the rights to the Swish raven to Cordashyan. Having researched the potential value of his raven including how popular it was on social media, Swift offered to sell his raven to Cordashyan for $200 Million. Cordashyan and Swish went back and forth on negotiations. The last they left it, Swish had reduced the offer to sell his raven to Cordashyan for $150 Million.

Within one week after the Swish $150 Million offer, which Cordashyan never responded to one way or another, Cordashyan hired Frump Advertising. Frump Advertising pitched the idea of an advertising campaign involving a rainbow colored raven that rapped and made fun of people. When Cimmie learned about this proposal by Frump Advertising, Cimmie sent Frump Advertising all of the Swish raven materials that Swish had provided to Cimmie. Cordashyan never signed an agreement with Swish. In 2005, Cordashyan began a very successful advertising campaign using a raven that looked just like the Swish raven except it was colored black only, and that made fun of people as it sang in opera voice to sell Cordashyan plastic fingernails.

Swish filed a lawsuit against Cordashyan Inc. in the Los Angeles Superior Court. Swishs lawsuit claims that Cordashyan and Swish had an implied contract that was breached by Cordashyan.

For an implied contract to arise, certain requirements must be met. A court normally holds that an implied contract was formed if the following elements are met: First, plaintiff furnished some service or property. Next, plaintiff must have expected to be paid for that service or property, and the defendant knew or should have known that payment was expected. Lastly, the defendant must have had a chance to reject the services or the property and did not.

The Los Angeles Superior Court presides over the trial of this case. The judges of the Los Angeles Superior Court are you the students in the Business Law Class.