Question

The following two tables apply to all problem sets: Table#1: Market Share in U.S. Chocolate Bar Market of Major Chocolate Bar Companies (2020) Company Market Share (% of US Market) Hershey 43.3% Mars 29.8% Lindt/Ghirardilli /R. Stove 9.1% Ferrer

The following two tables apply to all problem sets:


Table#1: Market Share in U.S. Chocolate Bar Market of Major Chocolate Bar Companies (2020)


Company


Market Share (% of US Market)


Hershey


43.3%


Mars


29.8%


Lindt/Ghirardilli /R. Stove


9.1%


Ferrero*


7.0%


All others


10.8%


*Nestle sold its U.S. chocolate business to Ferrero


To simply matters assume that each chocolate bar company has a single chocolate bar marketed in the USA as noted below:


Table#2: Representative Chocolate Bar Prices (2020)


Company


Name of Chocolate Bar


Price ($ per unit)


Hershey


Hershey’s Chocolate


0.88


Mars


Snickers


1.25


Lindt/Ghirardilli /R. Stove


Dark Chocolate Cacao 90%


4.33


Ferrero


Kinder Chocolate


2.79


For problem sets M-P:


In the promotion that is offered for the CD “Rockin’ Shoes,” assume that the number of CDs sent out to customers equals 487,124 and the royalty percentage is 9.5%. Each customer is to put inside an envelope a stamped self-addressed envelope with sufficient postage for a CD plus other content as described below:


the question:


Ferrero Company is offering a promotion to its customers. Send the company one dollar plus 3 wrappers of any company’s chocolate bar and the company collects $487,124 from its customers.


How much does this chocolate company maintain it has to pay Chappell, the copyright holder of Rockin’ shoes? Show your calculations. [A1/B1]                                                                                                                                         (3 marks)

How much does Chappell maintain that it must be paid in copyright royalties? Show your calculations? [A1/B1/C1]                                                                                                                                                                   (4 marks)

Based on the precedent of Chappell v Nestle, what level of royalties would a judge, under these circumstances, mandate that the chocolate company pay Chappell? Briefly explain. (maximum 25 words)


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The following two tables apply to all problem sets: Table#1: Market Share in U.S. Chocolate Bar Market of Major Chocolate Bar Companies (2020) Company Market Share (% of US Market) Hershey 43.3% Mars 29.8% Lindt/Ghirardilli /R. Stove 9.1% Ferrer
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