Industry Liabilities

Industry Liabilities

Raphael’s Baden Baden, Inc. vs. Drake

My first case deals with Canadian rapper Drake and jewelry designer Michael Raphael Baden Baden. Baden is suing the artist for $50,000 in damages. He claims that Drake copied his iconic owl pendant and manufactured dozens for him and his friends to wear. The twist to all of this is that Drake has been using this owl image along with his OVO brand for years. Turns out that Raphael had been working for Drake and designed the piece exclusively for him and is now seeking compensation.  The case is set to hit court later this year. I believe that Drake should pay Raphael for his services and buy the copyright to the image.

Van Cleef & Arpels vs. Heidi Klum

My next case deals with copyright infringement and unfair competition. The item in question is a clover-shaped pendant. According to Parisian jeweler Van Cleef & Arpels, Klum’s pendant had a big similarity to their best-selling shamrock pendant. The pendant goes for thousands of dollars while Klum’s piece retails for $275. Lawyers for Van Cleef & Arpels filed for suit on Dec. 21, 2007. The verdict was in favor of Van Cleef & Arpel for more than $75,000 in damages. When asked about her loss, Heidi told the press that the problem was due to miscommunication with her business partner and design team. I believe that if you plan on doing business with another person you should have everything in writing to assure that both parties will be held liable and treated equally under any circumstance.

Amber Teething Necklace Recall

My last case deals with personal injury and wrongful death. The item at stake is an Amber teething necklace by Fair Trading.  The necklace is intended to be worn by infants under adult supervision. It prevents teething pain by activating small amounts of healing oils from the amber crystals. Once the child’s natural body heat reacts to the crystals oils, it gains a sense of comfort that keeps the infant calm. In later studies, the necklace was found to contain lead and other toxic chemicals forcing the product to be recalled. I personally would not have purchased this for my child. The thought of him choking or strangulating in it is enough to make me not want to buy it.

References

http://www.fairtrading.qld.gov.au/amber-teething-necklace.htm

http://www.huffingtonpost.com/2013/09/12/drake-sued-owl-pendant_n_3912754.html

http://nypost.com/2007/12/29/clover-girl-klum-sued/

Holy Trail

There are roughly 4,200 religions in the world. Each filled with different beliefs, practices, rituals and guidelines. Most with a divine belief in a higher being or power. Throughout history, people have followed traditions left by their ancestors. These traditions are composed of chants, rituals, prayers they strongly believe in.

In my personal case I was raised in the Catholic faith. My mother has a strong belief in Catholicism and made sure to pass it down to her kids. I did my first communion and confirmation in Puerto Rico; these are two very big steps in the Catholic faith. Once I moved to the US, I served the lord by being an alter servant at mass. As I got older and began to go through life lessons I noticed that my catholic ways were no longer a fulfillment. I did not feel the same when I prayed. I did not feel the same when I went to church. I found myself lost. It wasn’t until the summer of 2007 when I discovered a religion called Santería during a trip back home to Puerto Rico. Santería is a faith based on spiritual healing which was exactly what I needed.

After doing some much needed research I found that there wasn’t much on the web about the religion. I later interviewed a priest who practices the faith and was told that the religion is very secretive. Every ritual or ceremony requires for the persons eyes to be closed. He also spoke to me about the importance of the beaded necklaces (elekes) used in Santería. Collares or elekes are made exclusively for Yoruba worshipers. Each color is a representation of the different saints or ‘orishas’ within the faith. Despite it’s secretive nature, today there are more than 1 million Santería worshipers in Cuba alone. Each day I wake up, I thank God for my conviction.

Sources:

http://www.elboricua.com/AfroBorinquen_Santeria.html

http://www.youtube.com/watch?v=bNhA2IsT9R4http://www.youtube.com/watch?v=bNhA2IsT9R4