After facing some initial problems in obtaining a new lemon supply

After facing some initial problems in obtaining a new lemon supply, your brother’s lemonade business has really taken off. Some local grocery stores now want to sell his lemonade in bottles at their stores. While you previously were under the impression that the only ingredients in his lemonade were lemon juice and sugar, you recently find out that there is actually a secret blend of spices and natural sweeteners in his lemonade that give it a unique flavor. You are of course proud of your brother and happy you have been giving him some solid legal advice. But as you’ve problem come to realize at this point, the more a business grows the more legal challenges it may face. As protective older sibling, you have become worried that others may take advantage of your brother’s success. More specifically, you want your brother to take steps to protect his valuable lemonade know-how from competitors. Furthermore, you also want your brother’s business to have some minimal level of insurance to protect against new risks that a larger size business may face. For this assignment, review the background materials carefully and then write a two to three page paper addressing the following issues: What kind of protection should your brother try to obtain for his lemonade recipe – a patent or some form of trade secret protection? How should your brother go about obtaining this protection? Refer to Chapter 10 of DuBoff (2004) in your answer. Your brother’s lemonade stands only have a sign saying “Lemonade Stand”, and he wants the lemonade bottles sold in grocery stores to have a label saying “Fresh Squeezed Lemonade” on them. In your opinion, will your brother be able to get trademark protection for “Lemonade Stand” or “Fresh Squeezed Lemonade”? Why or why not? If not, give some examples of alternative trademarks that he might be able to get protection for. Refer to Chapter 11 of DuBoff (2004) in your answer. Your brother has enough income from his business to be able to afford one or two types of insurance. What kind of insurance do you think would offer him the best protection against lawsuits? Explain your reasoning, and support your answer with references to Chapter 18 of DuBoff (2004) or the article on small business insurance basics listed in the background materials.

Business protection

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Business protection

Trade secret protection

The lemonade business suffers from the treat of imitation by competitors. Imitation is a contributing factor to decrease of customers as the business will loses its competitive advantage. To protect the lemonade recipe the owner should obtain trade secret protection. Trade protection entails that the recipe is not revealed and is used in the business operations to obtain a competitive advantage.

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