Exam 1 Ch 1-2, 4-6

Sea Coast Café uses the trademark of Tacos del Mar without permission. This use of the mark is actionable as trademark infringement

if consumers are confused.

If young children are likely to be attracted to the property by some object such as a swimming pool or a sand pile, and are injured, the landowner

may be held liable under the attractive nuisance doctrine

Jill and Kane meet with their attorneys to try to resolve a dispute. A neutral third party works with both sides and proposes a solution but does not make a decision resolving the matter. This is an example of:

mediation

Liz and Moss disagree over the amount due under their contract. To avoid involving any third party in the resolution of their dispute, Liz and Moss could attempt to resolve their dispute through:

negotiation.

Mix Restaurant Corporation owns the trademark "Mix." Remix Café Company begins to use the mark without authorization as their domain name. Mix files a suit against Remix on a theory of trademark dilution. This claim requires proof that:

no proof is necessary.

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

of value to a competitor.

Copyright owners are protected against all, but which of the following:

people sharing copies with friends to read.

More than half of the states have enacted some type of legislation that:

prevents employers from asking employees or prospective employees their social media passwords.

Legislative rulemaking under the Administrative Procedure Act (APA) typically involves all, but which one of the following three steps:

public hearing.

Salty Snacks, Inc., markets 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. The court will most likely

rule in the plaintiff's favor.

The courts have developed a standard, called a ___________________ standard, for determining when the exercise of jurisdiction over an out-of-state defendant is proper.

sliding scale

Numerous federal courts now hold _____________________________ (another type of ADR), in which the parties present their arguments and evidence, and the jury renders a verdict.

summary jury trials

Mary creates a t-shirt design that expresses support for Nash, a presidential candidate, and distributes t-shirts to all of her friends. The t-shirts are an example of

symbolic speech.

Georgia enacts a law requiring all businesses in the state to donate 10 percent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. Price-Lo Stores files a suit to block the law's enforcement. The court would likely hold that this law violates

the establishment clause.

The term checks and balances refers to the system under which

the powers of government are divided among its branches, each of which exercises a check on the actions of the others.

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.

A ___________________ is an order issued by the Supreme Court to a lower court requiring that court to send the record of the case for review.

writ of certiorari

Defenses to a claim of trespass to land is to show that the

All of these choices.

Apex Electrical, Inc., agrees to allow Apex Foundations LLC to use the owner's trademark "Apex" as part of its company name, but not otherwise. The domain name apex.com can be used online by

Apex Electrical only.

___________________ is law that has to do with wrongs committed against society for which society demands redress.

Civil law

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.

An unauthorized reproduction must be exactly the same as the original, and reproduce the original in its entirety, for infringement of copyright to occur. T/F

False

In posting statements or photos to social media sites, a person has a reasonable expectation of privacy. T/F

False

Once a manufacturer's trademark is established, another manufacturer may use it without permission. T/F

False

To establish defamation, a plaintiff does not have to prove that the defendant made a false statement of fact. T/F

False

A person may have a reasonable expectation of privacy when entering their banking information online. T/F

True

A trade name is used to indicate all or part of a business's name. T/F

True

A trademark is a distinctive word, symbol, sound, or design that identifies the manufacturer as the source of particular goods, and distinguishes its products from those made or sold by others. T/F

True

Brandon has worked at Google for five years and is being considered for a management position. His supervisor, Claire, writes an e-mail about Brandon's performance to those evaluating him for the management position. The message contains certain negative statements, which Claire honestly believes are true. If Claire limits the disclosure of the contents of the message to company representatives, her statements will likely be protected by a qualified privilege. T/F

True

International law derives from a variety of sources, including the laws of individual nations. T/F

True

Broadband Inc., an Internet service provider, supplies information to the Federal Trade Commission concerning possible unfair or deceptive ads originating in a foreign jurisdiction. Which federal law would apply in this case?

U.S. Safe Web Act.

Stare decisis is best defined as

a doctrine under which judges follow established precedents.

A patent holder who has been violated can seek _____________________as well as request damages for royalties and lost profits.

an injunction

VidGames, Inc., markets a variety of shooting, fighting, and hunting video games. A state statute is enacted to require all game makers to label any games with an option to kill something as "excessively violent." A court would likely hold this regulation to be

an unconstitutional restriction of speech.

Congress enacts the Ad Restriction Act (ARA) to limit advertising in certain circumstances. The ARA will be considered valid if it directly advances a substantial government interest

and goes no further than necessary to achieve its objective.

Works that are copyrightable include (choose all applicable answers)

books

If Terry wants to sue Jerry and they are citizens of different states, and the amount of damages sought is $100,000. Furthermore, Jerry has long-arm and minimum contacts with Terry's state, the fact that Terry can bring the suit in his home state court or federal court is called:

concurrent jurisdiction

Jay transfers downloaded musical recordings, without the copyright owners' authorization, from his phone to his friends' phones. Jay does not charge his friends for his "service," nor did he pay for downloading the music. This is an example of:

copyright infringement.

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.

Obtaining a court order to close down the domain name of a website is an effective tool that U.S. officials use to combat online sales of

counterfeit goods

Web Invest Inc. buys and sells domain names with the click of a mouse. The high rate at which domain names change hands, and the difficulty in keeping track of mass automated registrations, have created a situation where:

cybersquatting can easily flourish.

Fraudulent misrepresentation involves intentional deceit for personal gain and includes

damage suffered as a result of the reliance.

A city enacts an ordinance that prohibits all advertising on the sides of trucks. A court would likely review this ordinance under the principles of

due process

To reduce traffic, Market Town enacts an ordinance that allows only a few specific street vendors to operate in certain areas. A court would likely review this ordinance under the principles of

equal protection.

The key difference between intentional and negligent misrepresentation is whether the person making the misrepresentation had actual knowledge of

falsity

Nick, the chief executive officer of On/Off, Inc., a website for short rants, claims that certain government actions infringe on rights guaranteed by the Bill of Rights. Most of these guarantees have been held to limit

federal and state actions.

Bob wants to sue XYZ corporation, his employer, for violating his civil rights. He states their employer procedures do not apply equal rights. What court would Bob bring suit?

federal court