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Legal and Ethical Leadership in Management

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Legal and Ethical Leadership in Management
Legal and Ethical Leadership in Management
Porchia McCray
Argosy University Online

Introduction
This paper will discuss a scenario involving two competing designer and manufacturing companies and their mutual retailer. The names of the two designer companies are Mathis Inc. and Countess Lori- Ann (CLA). The name of the retailor is Normandale’s. Normandale’s is having trouble profiting from the sales of the high priced clothing items made by Mathis Inc. Normandale’s made a request to CLA to duplicate the clothing made by Mathis Inc. The clothing is to be sold at lower cost, in efforts to help increase their profits. In efforts to aide Countess Lori Ann in duplicating Mathis’s clothing line; Normandale sends samples and photos of the clothing to CLA. Mathis has discovered that the counterfeit items are being sold, and has requested that Normandale stop selling the imitation product. Normandale has not complied. This paper will discuss if Normandale’s behavior was ethical or not, state or federal laws in relation to intellectual property, and if Mathis has incurred any damages. The paper will also cover social responsibility, implementation of ethical codes, and personal and criminal liabilities.
Ethical Behavior
Ethics is the study of good and bad behavior; while business ethics takes it further to include the good and bad behavior of a business (Kubasek, Breenan, & Browne, 2009). Knock off products are defined as “Identical (and usually unauthorized but cheaper) copy of a patented, trademarked, or copyrighter product of work” (WebFinace Inc., 2013). Is it ethical for Normandale to sale the knock off products at lower prices? It was very unethical for Normandale to secretly request and aide a competitor of Mathis to duplicate the clothing line without consent from the original designer. It was also unethical to sale the product at a lower price. The company broke several business ethics such as being honest, acting with integrity, and several



References: Asia-Pacific Economic Corporation. (n.d.). What is Intellectual Property? A Beginner 's Primer. Retrieved January 14, 2013, from Intellectual Property Explorer: http://intellectualpropertyexplorer.com/what-is-intellectual-property/ Berkely Law. (2010, January). Compensatory Damags Issues in Patent Infringement Cases: Federal District Court Judges. Retrieved January 14, 2013, from Berkely Law: www.law.berkeley.edu/files/bclt_PatentDamages_Ed.pdf Berkshire Hathaway Inc. (2012, May 9). Code of Business Conduct and Ethics. Retrieved January 15, 2013, from Berkshire hathaway Inc: www.berkshirehathaway.com/govern/ethics.pdf Josephson, M. (2010, December 17). 12 Ethical Principals for Business Executives. Retrieved January 14, 2013, from Business Ethics and Leadership: http://josephsoninstitute.org/business/blog/2010/12/12-ethical-principles-for-business-executives/ Kubasek, N. K., Breenan, B. A., & Browne, M. N. (2009). The Legal Environment of Business: A Critical Thinking Approach. Upper Saddle River, New Jersey, USA. Mills, N. E. (2009). Intellectual Property Protection for Fashion Design: An Overview of Existing Law and A Look Toward Proposed Legislative Changes. Retrieved January 14, 2013, from Digital Law: http://digital.law.washington.edu/dspace-law/bitstream/handle/1773.1/438/vol5_no5_art24.pdf USLegal.com. (2001-2013). Intellectual Propery Law and Legal Definition. Retrieved January 14, 2013, from USLegal.com: http://definitions.uslegal.com/i/intellectual-property WebFinace Inc. (2013). Knock Off. Retrieved January 14, 2013, from BusinessDictionary.com : http://www.businessdictionary.com/ WebFinance Inc. . (2013). Personal Liability. Retrieved January 15, 2013, from BusinessDictionary.com: http://www.businessdictionary.com/definition/personal-liability.html

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