final exam review -- chapter #5

Lee takes a picture of the sunset with a windmill in front of the sun. The windmill is not associated with any product or company. He decides that he wants to protect the photograph as his intellectual property. His best way to do so would be by: a. copyright b. patent c. trademark d. service mark e. c and d

a. copyright

MacPhearson v. Buick Motor Co. established which type of products liability? a. negligence theory b. expressed warranty theory c. implied warranty theory d. strict liability e. market share liability

a. negligence theory

Mary tries to register the name of her product, "Twin Cities Pretzels" and is turned down by the federal government. Which of the following is true: a. Mary must seek protection under trade name law b. Mary can utilize state law for trademark protection c. Mary can copyright her name d. a and c e. a, b and c

b. Mary can utilize state law for trademark protection

During Boot Line when A&M is playing tu on national TV and the game is covered by ABC. Puck the bad Ag drops his pants and shows his tattoos of "Beat to" on his left cheek and "12 Man Rocks" on his right cheek. He is caught on national TV during the half time activities part of the ABC coverage with his pants down. The following week Puck is expelled from TAMU and IBM calls him and tells him that the job offer they made is no longer a realistic option. Both were done due to the TV incident. Puck sues ABC for Invasion of Privacy. What will be the result of Puck's lawsuit? A) Puck will lose due to being mentally imbalanced B) Puck will lose b/c what he did was in public C) Puck will win b/c ABC has a lot of money D) Puck will win due to ABC invading his privacy E) There is insufficient information to make an informed decision

b. Puck will lose because what he did was in public

Howard and his girlfriend decide to drive through a crowd in the nude on his motorcycle to attend the "streak in" outside the Academic Building. The motorcycle dies and he has to jump start the motorcycle while she stands next to him trying to describe what to cover up. The student newspaper takes a picture and publishes it in the next edition of the paper and names of Howard and his girlfriend. If Howard and his girlfriend sue, what is the probable tort and result? a. invasion of privacy and they would win b. invasion of privacy but they would lose c. defamation and they would win d. defamation and they would lose e. b and d

b. invasion of privacy and they would lose

which of the following forms of intellectual property are protected only under state law or common law? a. trademarks b. trade names c. copyrights d. patents e. a and b

b. trade names

Which of the intentional torts does Texas NOT recognize? a. infliction of emotional damages b. intentional interference with contractual relations c. interference with prospective economic advantages d. malicious prosecution e. b and c

c. interference with prospective economic advantages

the Lanham Act covers a. copyrights b. patents c. trademarks d. trade secrets e. trade names

c. trademarks

defenses to assault and battery include all of the following except: a. consent b. privilege c. truth d. self defense e. all of the above are defenses

c. truth

One of the biggest companies to benefit from the Sonny Bono Copyright Extension Act of 1998, as discussed in class, was a. Hanna Barbara b. Budweiser c. Microsoft d. Disney e. Random House Publishing

d. Disney

the student body president at a major university goes to a party and gets drunk. he then tells all of the attendees at the party that the very popular basketball coach is really a child molester and that he was at a meeting where the President of the university has decided to fire the coach. One of the party goers is the editor of the University student newspaper and she makes this the headline story in the next edition of the paper. The basketball coach sues for defamation per se. What must he prove to win? a. that the statements were false b. that the harm is so bad that he would not have to prove harm c. that the supposed defamation was actually pulished d. all of the above e. a and b only

d. all of the above

Mary thinks that Sterling is the best looking guy at school. Mary asks Sterling out and he rejects her. She finds out that Sterling is gay and dances at a gay bar. Mary tells the whole class at the next class meeting. Sterling sues Mary for defamation and invasion of privacy. Sterling will: a. win both cases if he can prove that he suffered damages b. win if people in the class hear the accusation and the accusation is in fact true c. lose the defamation case if in fact he is gay and dances at the alleged club but win the invasion of privacy case if there was disclosure of private facts d. lose the defamation case if in fact he is gay and lose the invasion of privacy case since he dances in a public gay bar e. there is insufficient information to formulate an answer to this question

d. lose the defamation case if in fact he is gay and lose the invasion of privacy case since he dances in a public gay bar

in Two Pesos v Taco Cabana, Inc the supreme court held that a Mexican style restaurant could not copy the decor of a competitor because of the law protecting a. copyrights b. patents c. trade names d. trade dress e. trade secrets

d. trade dress

strict liability in torts is a. liability without fault b. careless or reckless conduct c. normally limited to abnormally dangerous activities d. all of the above e. a and c

e. a and c

defenses to trespass include all of the following a. a trespasser enters the property to assist a non=trespasser who is in danger b. a trespasser enters the property to assist even a trespasser who is in danger c. a trespasser enters the property and improves the property d. a trespasser enters the property to save the property from danger e. a, b and d, but not c

e. a, b and c, but not d

Negligence requires a. a duty owed to the injured party b. harm to the injured party c. breach of duty d. causation e. all of the above

e. all of the above

the purpose of tort law is a. compensation b. justice c. deterrence d. social insurance e. all of the above

e. all of the above

which of the following are protected by copyright law? a. an invention b. architectural designs c. writing a story about a historical event d. the actual news itself e. b and c

e. b and c

Sam points a water pistol at Jane who thinks Sam is going to kill her. Jane is terrified and runs away. Jane sues Sam. What will probably happen? a. the law would always rule for Sam since it was just a water pistol b. the law would always rule for Jane since she was terrified c. if the judge or jury felt that a reasonable person would be afraid, they would rule for Jane d. if the judge or jury felt that it was unreasonable to be afraid of that particular water pistol, they would rule for Sam e. c and d

e. c and d

You are at a party and Herman gets very drunk. You try to take his keys away from him so that he will not drive home drunk. To get the keys away from Herman you hold him down and make him give you the keys by force. Herman, however, is not hurt. Once he sobers up, Herman sues you for Assault, Battery, and False Imprisonment. Which of the following is correct about this situation? A) Herman wins because you did do those things B) Herman cannot win under any circumstances b/c you had proper motives C) Herman wins if you acted unreasonably D) You win if the court finds that you were privileged in your actions E) C and D

e. c and d