Chapter 5-8

Greg is marketing manager for Home Stuff LLC. Greg is responsible for branding the company's products. Aspects of branding that can be trademarked include

. a catchy phrase, such as "Stuff your home with Home Stuff!"

Mai is struck and injured when the brakes fail on Novi's all-terrain vehicle (ATV), which is damaged in the collision. Off-Road Inc. sold the ATV to Novi. Under product liability laws, Off-Road could be liable to

Mai and Novi.

Andy causes a disturbance at Brew Pub. He is arrested and charged with disorderly conduct, a crime punishable by imprisonment up to one year. This crime is

a misdemeanor.

Ness, a broker, advises Ollie to invest in Penny Stock Inc. When the share price of Penny's stock drops, Ollie accuses Ness of fraud, claiming reliance on the broker's advice. The reliance that gives rise to liability for fraud requires

a misrepresentation of a fact knowing that it is false.

the government of japan sets a limit on the amount of rice that can be imported from the united states, this is

a quota

Galaxy Research Inc. uses a mark associated with its name to distinguish its services from those of other tech firms. This mark is

a service mark.

chris operates the devils brew chain of coffee stands. "Devil's brew" is

a trade name

consolidated corporation , a U.S firm wishes to particpate, but limit its involvement, in middle eastern markets. consolidated empowers doha Ltd., an egyptian firm , to enter into contracts in certain countries on behalf of consolidated. this is

an agency relationship

stig creates unique graphic works that feature characters of his own imagination. copyright protection for stig's work is

automatic

Stig creates unique graphic works that feature characters of his own imagination. Copyright protection for Stig's work is

automatic.

without the permission of the copyright owner, faye copies the literary expression of game of thrones, changes the names of the main characters and publishes the result as her own work. this is

copyright infringement

Dylan applies for a position with Electrical Works LLC. Dylan's previous employer, Federal Circuits Inc., gives Electrical Works a review of Dylan that includes negative statements Federal Circuits knows are untrue. This is

defamation`

Under the Export Trading Company Act, U.S. banks are

encouraged to invest in export trading companies.

Ichiro is injured in a two-car accident and sues Heather, the driver of the other vehicle, alleging negligence. Heather claims that Ichiro was driving more carelessly than she was. Comparative negligence may reduce Ichiro's recovery

even if Ichiro was only slightly at fault.

Chuck signs Dolly's name, without her authorization, to the back of her paycheck, which was issued by Eastside Market. This is

forgery.

Lon is an employee of Motor Parts, an auto parts store. On the orders of his employer, he switches trademarks on parts that come into the store to be sold to consumers. This is most likely

forgery.

Mont Blanc S.A., a french firm , imports its goods into the united states and offers those goods for sale at 'less than fair value." fair value is the price of mont blanc goods in

france

sea coast cafe uses the trademark of tacos del mar without permission. this use of the mark is actionable as trademark infringement

if consumers are confused

Gargantua Equipment Corporation registers its trademark as provided by federal law. This registration gives notice that the mark belongs exclusively to Gargantua. This notice is

national.

Baby Things Inc. makes and sells a crib to Cara. Baby Things fails to exercise "due care" to make the crib safe, and Cara's child Dua is injured as a result. Baby Things is most likely liable for

negligence

Like most successful companies, Phones Inc. has trade secrets. The law protects those secrets if the information is

of value to a competitor.

GoodGro Inc. makes genetically modified seeds that are identical to Harvest Corporation's patented seeds, without Harvest's permission. This is most likely

patent infringement.

Bert pushes Connie to the ground, grabbing her phone as she falls. The use of force or fear is required for this act to constitute

robbery

salty snacks inc market a fish shaped cracker, when tasty tidbits inc. begins to sell a similar product, salty files a suit against tasty, alleging infringement and claiming that consumers are likely to be confused. that court will most likely

rule in the plaintiffs favor

Excavation, Inc., uses explosives to prepare land for construction projects. Strict liability is imposed on this activity because

the activity is extremely risky.

Venezuela seizes the assets of World Oil, Inc., a U.S. firm. World Oil's recovery from Venezuela in a U.S. court may be prevented by

the act of state doctrine.

prognosis inc owns a brain-computer interface that enables physicans to diagnose and treat some diseases quickly and accurately. federal copyright protection extends to

the parts of the app that can be read by computers

Suisse Internationale, a Swiss maker of athletic equipment, enters into a price fixing agreement with Total World Sports, a U.S. wholesaler of Suisse's products. U.S. courts will apply U.S. antitrust laws if

the price fixing has a substantial effect on U.S. commerce.

Franny is charged with a crime. Almost all federal courts and some state courts would not hold Franny liable if, at the time of the offense, as a result of a mental disease or defect, she lacked substantial capacity to obey the law and to appreciate

the wrongfulness of her conduct.

Bob devises a scheme to send fraudulent e-mailed ads—claiming that an arrest warrant has been issued for non-payment of taxes—to individual taxpayers. By these false pretenses, Bob intends to obtain money and personal data. This is

wire fraud

Bette choreographs a dance to accompany City Orchestra's performance of a medley of movie scores. Dian, a dance instructor, distributes copies of a short portion of the choreography to her students. This is most likely

"fair use."

Berry Good LLC registers its trademark with the U.S. Patent and Trademark Office, and uses it to market a distinctive line of ice cream products. Crabapple Inc. uses the mark without Berry's consent to sell imitation frozen desserts. Berry has a cause of action against

Crabapple.

Haji is arrested at a warehouse in Industrial Park and is charged with the crime of theft. Haji will be prosecuted by

a district attorney or an attorney general.

Burger Heaven, a U.S. firm, makes a deal with a Canadian firm, Donny's Diners, that allows Donny's to use Burger Heaven's trade name in Canada in return for a fee. This is

a license.

In international business, franchising involves

a license.

restful hotel corporation, a US firm establishes a wholly owned subsidiary in singapore. as a parent corporation, with respect to the subsidiary, restful retains complete ownership of

all of the facilities in singapore

don one decides to use his personal name for a line of clothing he is developing. in this circumstance, don one will receive trademark protection under the law when

customers begin to associate the name with the source of the product

Airsoft, Inc. makes toys. Airsoft intentionally mislabels its packaged products to conceal a defect. Trusting and relying on the mislabeling, Bing buys an Airsoft product and suffers an injury. Airsoft is most likely liable for

fraud.

DIY, a retail hardware store, must use reasonable care on its premises to warn its invitees of

hidden dangers

Bud works at a Cheap Stuff Store from which, without authorization, he takes merchandise that he has not paid for home for his own use. This is

larceny.

Lunchies Corporation, a U.S. firm, signs a contract with Manger au Brasserie, S.A., a French firm, to give Manger the right to use the Lunchies trademark in restaurants in France. This is

licensing.

To be protected under the Copyright Act, a work must be

original and fixed in a durable medium.

Ricard, an engineer, supervises the construction of a new mountainside roadway. The road collapses in a landslide due to faulty grading. Motorists injured in the collapse sue Ricard in a tort action for negligence. Under that theory, as a professional, Ricard is held to the same standard of care as

other engineers.

Trade barriers are

restrictions on imports.

under the outer space treaty, with respect to a space object and the personnel aboard it, the launching state

retains complete jurisdiction and control

like most successful companies, phones inc. has trade secrets. the law protects those secrets if the information is

a value to a competitor

Organos Ltd. traffics in nutritional supplements that are marketed as genuine, trademark-branded products when in fact they are counterfeit. This is a crime

under all circumstances

Enrique accesses Finance Bank's computer system without authority to obtain protected financial records. Under federal law, this is

. a felony if it was done for a commercial purpose

Without Data Corporation's consent, Elias hacks into the firm's computers and downloads trade secrets and other confidential information. Most likely, Elias is liable for the tort of

. conversion

Leo is accused of a crime. To obtain information about the crime from Leo, the state can

. grant Leo immunity from prosecution.

The Outer Space Treaty provides that a nation retains jurisdiction over objects on its space registry that are launched into space. The treaty also prohibits interference with space activities. In effect, these provisions

. protect property rights with respect to private space activities.

Ruby invents a new type of pillow and obtains a patent for it. Sleep-Time Inc. believes that Ruby's pillow infringes on one of Sleep-Time's previously patented products. Sleep-Time must file a challenge to Ruby's patent within

nine months.

Opal is injured and her property is damaged when a truck with defective brakes careens off an adjacent highway and crashes into her home. If Opal brings a successful tort action against the truck's owner for gross negligence, she may be awarded punitive damages to

punish the defendant and deter others from similar wrongdoing.

Barb, a computer operator for Cloud Corporation, is arrested in her employer's parking lot on suspicion of larceny. Barb must be informed of her right to

remain silent.

Finance Corporation, a U.S. firm, files a suit against Ghana in a U.S. court. Under the Foreign Sovereign Immunities Act, Ghana is immune from the jurisdiction of the court if Ghana has

none of the choices.

O-ring corporation allows piston company ton incorporate o-rings patented fuel injection system into piston product. this is

A LICENSE

Without the permission of the copyright owner, Faye copies the literary expression of Game of Thrones, changes the names of the main characters, and publishes the result as her own work. This is

copyright infringement.

Airbud Corporation, a U.S. firm, signs a contract with Bueno Computadores Ltd., an Argentinean firm, for a shipment and payment for Airbud's goods. This is

direct exporting

phoenix inc is a publsher. phoenix uses a logo featuring a bird rising from a flame to identify its publications. the publications are printed in a unique process that includes a 3-d printer. phoenix could most likely obtain trademark protection for its

logo

As part of a deal for power-generating equipment, Solar Wind Company and Thermal Gen Ltd. enter into a written contract that includes a clause providing for the arbitration of any dispute in the United States. Under the New York Convention, if a dispute arises, a court will compel arbitration if both parties are

not U.S. citizens.

Posing as eBank, Frank e-mails Grace, asking her to update her credit-card information through a link in the e-mail. She clicks on the link and types in the data, which Frank promptly sells to Hector. This is

phishing.

Coffee Company, a U.S. firm, owns property in the Dominican Republic. When the Dominican government seizes the property, the company asks a U.S. court to order the property's return. The court rules that the Dominican Republic is exempt from the court's jurisdiction. This is an application of

the doctrine of sovereign immunity.

Cultivator Inc. designs and makes tractors, balers, and other farm equipment. In a product liability suit based on negligence, Cultivator could be liable for failing to exercise due care with respect to all of the following except

the growth of the equipment's sales.

Mexico is likely to defer and give effect to the laws and judicial decrees of the United States as long as

the laws and decrees are consistent with Mexican law and public policy.

United Inc., a U.S. film production company, files a suit against Video Ltd., a Mexican production firm, for infringement of intellectual property rights under Mexico's national laws. Both the U.S. and Mexico are signatories of the TRIPS agreement, under which United is entitled to

the same rights and protection under Mexican law as Video.

Cato is driving a car in which Diego is a passenger when an accident occurs. Diego is not injured. In Diego's tort action against Cato for negligence, Cato can most likely assert as a successful defense that

Diego was not injured

Olinda, an employee of People's Bank, deposits into her account checks entrusted to the bank through its ATM system by customers to deposit into their accounts. This is

embezzlement.

Quay, the owner of RV Park, trusts Sara to manage the resort's daily cash flow. One night, without Quay's knowledge or consent, Sara takes and keeps $1,000 from the receipts. This is most likely

embezzlement.

A body of law—formed as a result of international customs, treaties, and organizations—that governs relations among or between nations is

international law.