BUL4310 Final Exam

Mix Restaurant Corporation owns the trademark "Mix". Remix cafe company Begins to use the mark without authorization as a domain name. Mix files a suit against remix on a theory of trademark dilution. This claim requires proof that

none of the choices

Obie operates Pizza Palace. Obie hires Qua to take and fill customers' orders at an hourly wage of $15.00, plus tips. Obie and Qua are

not partners, because Qua does not have an ownership interest or management rights in Pizza Palace.

Interactive entertainment corporation markets it's products online. Through the use of cookies, interactive entertainment and other online marketers can

track individuals web browsing activities

Nora and Owen do business as Property & Profit, a real estate investment partnership. In acting on the firm's behalf, Nora takes advantage of an opportunity to make a secret profit. To her firm, Nora is liable for a breach of

The duty of loyalty

Maeve sells New Energy, a sole proprietorship that makes and sells solar panels, to Olaf. This is

A transfer of the ownership of the business

Sol and Thom agree to form a partnership to sell real property. To be enforceable, their agreement must be

All of the choices -in writing -signed by a witness -filed in the appropriate state office

Chase, the owner of Data Master, a sole proprietorship, wants to obtain additional business capital. This opportunity is most likely limited to

Borrowing funds

Outsourcing ink registers a domain name that is the same as the trademark of resourcing LLC and offers to sell the name to the marks owner. this is

Cyber squatting

A partner always has the right to dissociate from the partnership.

False

A partner can be held liable for a partnership obligation only if he or she participated in, or knew about, whatever it was that gave rise to the obligation.

False

Among three partners, unless they agree otherwise, unanimous consent is required to manage the business of the partnership.

False

Anyone can circumvent encryption software or other technological antipiracy protection without penalty.

False

Federal law permits the sending of unsolicited commercial email to randomly generated email addresses

False

File sharing can be used to download other stored music files without raising copyright issues

False

In posting statements or photos to his social media site, a person clearly has a reasonable expectation of privacy

False

Online conduct gives rise to only a narrow variety of legal actions

False

The Franchise Rule does not require a franchisor to make any disclosures to prospective franchisees but what is disclosed must be material and informative.

False

To avoid conflicts with the First Amendment, no state requires a franchisor to submit ads aimed at prospective franchisees to the state for approval.

False

Under the first amendment, every US citizen has a right to be forgotten with respect to outdated personal information otherwise searchable online

False

When the owner of a sole proprietorship dies, the business does not dissolve—it is automatically transferred to family members or other heirs.

False

Without copyright or patent protection, a business firm's competitor cannot simply copy the firm's product.

False

because federal wire tapping law was enacted before social media networks existed, it does not apply to communication through social media

False

Volatile investments Inc. sends email ads to any email address that the sender can find on the web or otherwise generate. Under federal law, volatile's marketing method

Is prohibited

Sound financials corporation sends daily email ads to its previous customers and those who have opted to receive the notices. A state in which the company is physically located has enacted an anti spam law. Under federal law

The application of the state law to sounds ads is preempted

A court can order the dissolution of a partnership if the business can only be operated at a loss.

True

Among the factors an entrepreneur will consider in selecting an organizational form for a business are tax considerations.

True

An Internet service provider can't disclose personal information about its customers only one order to do so by a court

True

An online retailer contract a users with activities with cookies without violating the person's right to privacy

True

Federal guidelines allow a company to disclose material information about itself through social media as long as investors are notified in advance

True

In entering personal information to a banking site online, a person may have a reasonable expectation of privacy

True

To prevent deception, all representations by a franchisor to a prospective franchisee must have a reasonable basis at the time they are made.

True

Using another's trademark as a matter tag may be permissible

True

Odell is an employee Of packing corporation. She uses social media in a way that violates her employer stated social media policies. Packing disciplines Odell and then, after a second transgression, fires her. This is

Within employers rights

Raceway LLC licenses the trademarks to its products to Stadium Markets Inc. to reproduce on clothing and other goods for sale. This is

A franchise

Haute Dawgs Corporation allows its trademark to be used as part of a domain name for Haute Dawgs NY Inc., an unaffiliated company. Haute Dawgs NY does not obtain ownership rights in the mark. This is

A license

Employees, clients, and others with authorization used world transport corporations net work around the globe to share computer files. This is

A distributed network