Test 2
A copyright is a tangible property right granted by federal statute to the author or originator of a literary or artistic production of a specified type.
False
A defense to strict liability that has been raised by defendants is preemption - that government regulations preempt claims for product liability.
False
A design defect is found when the product departs from its intended design even though all possible care was exercised in the preparation and marketing of the product.
False
A patent is a grant from the government that gives an inventor the right to exclude others from making, using, and selling an invention for a period of twenty years from the date of filing the application for a patent.
False
A trade mark is not a source indicator.
False
An internet service provider can disclose personal information about its customers when it serves its legitimate business purpose.
False
Cookies are files that eat up the data on a computer.
False
Defamation of character involves rightfully hurting a person's good reputation.
False
Facebook, Google, and Yahoo have, so far, no been accused of violating users' privacy rights.
False
Generally, a trade name is not related directly to a business and its goodwill.
False
In general, if a defendant convinces a court that the plaintiff's injury resulted from a commonly known danger, the defendant will be liable.
False
In law torts are the French pastry of crime.
False
In regard to intellectual property law, the term dilution refers to the legitimate use of watered down trademarks.
False
In some circumstances a person will be liable for defamatory statements because they enjoy a privilege or lack of immunity.
False
One of the goals of the new gTLD (generic top level domain names) system is to encourage cybersquatting.
False
Persons who keep wild animals are not strictly liable for any harm inflicted by the animals, but rather held to the negligence standard.
False
Product liability based on negligence requires privity of contract.
False
Strict liability is liability with fault.
False
The basic principle underlying the "duty of care" is that people are not free to act as they please and their actions may infringe on the interests of actions.
False
The term trade dress refers to the image or overall appearance of the sales personnel selling a product.
False
Typically, when downloading an application on a smart phone, tablet, or other mobile device, you are entering into a licensing agreement whether by you take on ownership rights in that application (app).
False
A certification mark is used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, quality, or other characteristic of specific goods or services.
True
A service mark is essentially a trademark that is used to distinguish the services, rather than the products, of one person or company from those of another.
True
Among other things that Digital Millennium Copyright Act established civil and criminal penalties for anyone found to have circumvented encryption software or other technological antipiracy protection.
True
Cyber torts are torts that arise from online conduct.
True
In a 2013 study, spam accounted for approximately 75% of all email.
True
In law a battery is the act that creates in another person a reasonable apprehension of immediate or offensive contact.
True
In regard to the intent element of an intentional tort it is only necessary that the actor intended the normal consequence of their actions.
True
Meta tags are key words that are inserted into the HTML (hypertext markup language) code to tell Internet browsers specific information about a Web page.
True
One of public policy assumptions inherent in strict product liability is that manufacturers and distributors can better bear the cost associated with injuries caused by their products - because they can ultimately pass the cost on to all consumers in the form of higher prices.
True
Oral defamation is called slander.
True
Products which result from intellectual, creative processes are called intellectual property.
True
Strict liability for damages proximately caused by an abnormally dangerous or ultrahazardous activity is one application of strict liability.
True
The Electronic Communications Privacy Act amended federal wiretapping law to cover electronic forms of communications.
True
The three types of product defects that have traditionally been recognized in product liability law are manufacturing defects, design defects, and inadequate warnings.
True
The tortfeasor must intend to commit an act, the consequences of which interfere with the personal or business interests of another in a way not permitted by law.
True
To be made with actual malice, a statement must be made with either knowledge of its falsity or a reckless disregard of the truth.
True
Trade secrets include customer lists, plans, research and development, pricing information, marketing methods, production techniques, and generally anything that makes an individual company unique and that would have value to a competitor.
True
When a user or consumer is injured as a result of a manufacturer's or seller's misrepresentation, the basis of liability may be the tort of fraud.
True
Written defamation is called libel.
True
Hasbro, Inc. v. Internet Entertainment Group, Inc. (online search of candy land was directed to an adult website)
Legal Issue: Whether Plaintiff's trademark was being diluted by the Defendant's use? Legal Rule: Trademark dilution occurs when a trademark is used, without authorization, in a way that diminishes the distinctive quality of the mark.
Palsgraf v. Long Island Railroad Co. (package containing fireworks exploded causing injury to others, case was dismissed because injury was unforeseeable)
Legal Issue: Whether a defendant's duty of care extend only to those who may be injured as a result of a foreseeable risk, or does it also extend to a person whose injury could not reasonably be foreseen? Legal Rule: Proximate cause exists when the connection between an act and an injury is strong enough to justify imposing liability.
McKee v. Laurion (rude/insensitive/misinterpreted comments/humor)
Legal Issue: Whether defamation occurred? Legal Rule: Among others, truth is a defense
Bruesewitz v. Wyeth, LLC (2-part rule, protected from tort liability)
Legal Issue: Whether manufactureers of vaccines are protected from tort liability by the NCVIA? Legal Rule: Manufacturers are generally immunized from liability if (1) they have complied with all regulatory requirements, and (2) the alleged injury was from a vaccine's unavoidable, adverse side effects.
Winstead v. Jackson (2-part rule)
Legal Issue: Whether the defendant has infringed on a copyright? Legal Rule: To determine is a work is substantially similar the court must distinguish between (1) the author's expression, and, (2) the idea or theme that the author seeks to convey or explore, because #1 is protected and #2 is not.
The Coco-Cola Co. v. The Koke Co. of America
Legal Issue: Whether the plaintiff was entitled to trademark protection? Legal Rule: The test is whether the use of the trademarked name by the defendant would cause confusion in the minds of the consuming public.
Maverick Recording Co. v. Harper (downloaded music while "unaware" of infringement)
Legal Issue: Whether the use by an innocent infringer reduced or eliminated liability? Legal Rule: The statute shows that the infringer's knowledge or intent does not affect the application of the statute.
Wilson Sporting Good Co. v. Hickox (product did worse than proven existing products already available)
Legal issue: Whether a product's design was defective? Legal Rule: A product is unreasonably dangerous when it fails to perform in the manner that would reasonably be expected by an ordinary consumer.
