Question

(Business Law 1)
1. Oscar has a family history of heart disease.His father and two uncles died of heart attacks in their late fifties. Oscar loves eating Wendy's hamburgers. His favorite is the " Baconator" and he always gets double large fries with it . One day. Oscar is short of breath and has chest pain. At the hospital, the doctors insert two stents and tell Oscar that he can't eat at Wendy's anymore. Oscar sues Wendy's because the company didn't warm him that eating there could pose health risks. What legal advice do you have for Oscar??

2. The Taco King Company markets a new taco sauce called "Spicy, Tomato Based, Testy, Condiment". The Burrito palace then markets their own sauce called " Tangy, Made From Tomatoes, Delicious, Sauce". Taco King sues for trademark dilution. Does Taco King have a strong case? briefly explain.

Answer 1

1. There are multiple ways we can look at how Oscar could consider tackling this case:

• One this was Oscars own fault and he should have applied expected levels of common sense while making his decisions on consumption of the Baconator,as this is the most likely outcome of his case
• Otherwise he could take the approach where he tries to to highlight the fact that Wendy's never highlighted the fact on how the ingredient's processed in it's food products, could lead to adversial health products and they are infact designed in a way to be addictive,hence when not carrying labels about their nutritional composition they can be considered to be misleading the consumers about the hazards of consuming it.

2.Taco King does not have a strong case in this particular scenario:

• The products in both the case try to enlist the basic ingredients and characterisitcs fo the products and don't have a distinct identifier which has been plagarised or copied.
• They differentiate from Taco King by calling their product a sauce and not a condiment.
• They seem to have not copied any brand identifiers of Taco King.