BLAW EXAM 3 STUDY GUIDE

Which of the following is correct? I. Trademarks may protect things like a word, symbol, or sound to indicate a source of goods. II. Trademarks may protect inventions. III. Trademarks may protect songs, movies, and works of art. A. I only. B. II only. C. III only. D. I and II only. E. I, II and III.

A. I only: Trademarks may protect things like a word, symbol, or sound to indicate a source of goods

Under the Lanham Act, what type of damages may a trademark owner recover against an infringer? A. Injunction and profits competitor wrongfully received B. Injunction only C. Statutory damages only D. Jail time

A. Injunction and profits competitor wrongfully received

A school crossing card reprimands Ivan almost daily because Ivan recklessly careens and swerves around little school children on his longboard. One day, while riding recklessly, Ivan runs into a 5-year-old child in the crosswalk, injuring the child. If Ivan is sued in negligence, what must be proven? A. Ivan breached a duty which caused injury to the child B. Ivan violated a law C. Ivan intentionally injured the child

A. Ivan breached a duty which caused injury to the child

Auto Co. manufactures automobiles. One day, during her shift, Jan does not pay attention to her work (she was watching Netflix on her phone) and she forgets to insert a critical pin in the steering column of an automobile. That particular automobile is eventually sold to Sam, who is injured because of the missing pin. If Sam sues Auto Co. , which type of product liability claim would he bring? A. Manufacturing defect B. Design defect C. Failure to warn

A. Manufacturing defect

Plaintiffs in personal injury negligence lawsuits may recover what types of damanges? A. Medical expenses and pain and suffering B. Specific permforamce C. Liquidate damages D. Consequential damanges

A. Medical expenses and pain and suffering

n most tort cases the injured party (plaintiff) has the burden of proving negligence on the part of the defendant. However if a law is broken while the tort is occurring certain elements of negligence do not need not be proven by the plaintiff. This is called: A. Negligence per se. B. Good Samaritan law. C. Dram shop law D. Business invitee

A. Negligence per se.

Nedra posts a false statement of fact about Shaun on Instagram, causing injury to Shaun. Is Instagram liable for defamation? A. No because of Section 230 of the Communications Decency Act B. No because of the ICANN uniform rules C. No because of common law defamation elements

A. No because of Section 230 of the Communications Decency Act

If Nedra posts a clip of a Disney movie on YouTube (clearly infringing Disney's copyright) is YouTube liable for copyright infringement? A. No under the Digital Millennium Copyright Act if Disney sends a take-down request and YouTube complies B. No because of the ICANN uniform rules C. No because of the First Sale Doctrine

A. No under the Digital Millennium Copyright Act if Disney sends a take-down request and YouTube complies

Jose accidentally caused a car accident injuring Paris and destroying Paris' bicycle. Which of the following damages could Paris recover? A. Pain and suffering and property damage and medical bills B. Consequential damages C. Mitigation damages. D. Specific performance E. All of these.

A. Pain and suffering and property damage and medical bills

In the Arkansas case of Shannon v. Wilson a liquor store illegally sold alcohol to minors without checking for identification. The minors became intoxicated and two of them died in an ensuing car accident. The family of one of the deceased minors sued the liquor store, alleging that it should be held responsible for the consequences of selling alcohol to minors. The lower court dismissed the claims of the parents. Which of the following best describes that ruling of the Arkansas Supreme Court in this case? A. Prior legal precedents were overturned, allowing dramshop liability B. Due to prior legal precedents the trial court judge should not have ruled in favor of the parents. C. The trial court judge should not have issued a judgment NOV since the facts were in dispute D. Due to prior legal precedents the jury should not have awarded punitive damages E. Based on statutory law passed by the Arkansas legislature, the liquor store should have been held strictly liable for the deaths of the minors.

A. Prior legal precedents were overturned, allowing dramshop liability

The famous Palsgraff case has established a precedent dealing with the tort concept of "causation." This precedent states that a plaintiff cannot recover from a defendant unless: A. The plaintiff was within the ambit of forseeable risk B. The defendant was deliberately harming the plaintiff C. The plaintiff was acting in a negligent manner D. The defendant was more than 75% at fault

A. The plaintiff was within the ambit of forseeable risk

Myra goes to a local shop and resells her copy of a cd she bought. Does Myra have to pay a royalty to the copyright owner for the money the shop pays her? A. Yes, because the cd is copyrighted B. Yes, because the cd is trademarked C. No, because of the First-Sale Doctrine D. No, because of the Fair Use Doctrine

C. No, because of the First-Sale Doctrine

Carol was standing on a sidewalk immediately adjacent to a stoplight. Tom, who was riding on a motorcycle, ran the stoplight and collided with another car which had the right of way (green light). As a result of this collision the driver lost control of his car and ran into Carol, causing her personal injury. Carol then sued Tom (the driver of the motorcycle). If a judge should apply the rule of law established in the famous case of Palsgraf v. Long Island Railroad Company the judge would apply the following legal doctrine: A. Negligence per se. B. Strict liability. C. Proximate cause (plaintiff must be in the ambit of forseeable risk) D. Comparative fault. E. Assumption of the risk.

C. Proximate cause (plaintiff must be in the ambit of forseeable risk)

The Federal Trademark Dilution Act would protect which trademark? A. Delta, a trademark for Delta Insurance Company B. Rolls Royce, a very famous brand C. Ginos, a trademark for a small pizza chain in Iowa D. Whataburger, common law trademark for a burger restaurant in Rusellville, AR

B. Rolls Royce, a very famous brand

Colin Jost is a celebrity, but does not own intellectual property. If a Jim, acting in bad faith, buys the website address "ColinJost.com" and then tries to sell the website address to Colin Jost for an exorbitant price, which law has Jim violated? A. Lanham Act B. The Anti Cybersquatting Consumer Protection Act C. Trademark Dilution Act D. WIPO

B. The Anti Cybersquatting Consumer Protection Act

Hank is a big fan of the St. Louis Cardinals baseball team, and generally goes to two or three games a year. Late in the 2017 season he was enjoying a game when he was struck in the head by a foul ball, causing a severe injury. If Hank should sue the Cardinals for his medical expenses a judge applying general common law which has been in effect for many years would probably rule in favor of: A. The Cardinals since they did not intend to harm Hank B. The Cardinals under the doctrine of assumption of the risk C. The Cardinals under the doctrine of res ipsa loquitur D. Hank under the doctrine of strict liability E. Hank under the doctrine of landowner liability.

B. The Cardinals under the doctrine of assumption of the risk

Hank volunteers to drive a beverage cart at a charitable golf tournament. As the tournament is concluding, a player powerfully hits a golf ball for a long drive and the ball hits Hank in the mouth. Hank suffers a shattered jaw bone and incurs $20,000 in medical expenses. If he sues the organizer of the tournament for negligence, a court will probably rule in favor of: A. The tournament organizers since they did not deliberately harm Hank B. The tournament organizers under the doctrine of assumption of the risk C. The tournament organizers under the doctrine of res ipsa loquitur D. Hank, under the doctrine of strict liability E. Hank, under the doctrine of landowner liability

B. The tournament organizers under the doctrine of assumption of the risk

Amusement Park was undergoing repairs and a large hole was dug to access underground cables. Barbara, a guest at Amusement Park, did not notice the hole and fell into the hole, breaking her ankle. May Barbara sue Amusement Park? A. No, because Amusement Park did not violate any statutes B. Yes, because Amusement Park had a duty to discover and remove hidden dangers or warn of dangers C. Yes, because of intentional infliction of emotional distress D. No, because of shopkeeper's privilege

B. Yes, because Amusement Park had a duty to discover and remove hidden dangers or warn of dangers

A patent protects which of the following? A. copyright B. invention that is novel, useful, and non-obvious C. creative work in a tangible medium, such as a movie D. trademark

B. invention that is novel, useful, and non-obvious

If a defendant injures someone while breaking a law, then the Plaintiff may sue under which theory? A. good Samaritan doctrine B. negligence per se C. comparative negligence D. strict liability

B. negligence per se

Jill wants to register a trademark. Which of the following is a way to register a trademark? A. file a petition with the U.S. Supreme Court B. register the trademark with the U.S. Patent Trademark Office C. register the trademark with the U.S. Copyright Office

B. register the trademark with the U.S. Patent Trademark Office

Coffee Company uses a unique logo featuring a drawing of a poodle on a coffee cup. How may Coffee Company protect this logo so that no other business may use this logo? A. Seek patent protection for the logo with the U.S. Patent and Trademark Office B. File the logo for copyright protection with the Secretary of State's office for each state. C. Register the logo as a trademark with the U.S. Patent and Trademark Office D. Require all employees to sign a non-disclosure agreement and rely on trade secrets law E. Coffee Company cannot exclude others from using the logo because that would violate the First Amendment right to free speech.

C. Register the logo as a trademark with the U.S. Patent and Trademark Office

Lady Luck is a budding professional singer and entered into a contract with a small nightclub in Las Vegas. The term of the contract was for six months. After only 3 months Lady Luck "hit it big" and a larger Vegas nightclub got her to dump the small nightclub and work for them for a much larger salary. The large nightclub knew about Lady Luck's original contract, but told Lady "your current contract means nothing!" If the smaller nightclub should go to court to collect damages the result will probably be: I. Lady Luck will be held liable to small nightclub for breach of contract. II. The large nightclub will be held liable to small nightclub for wrongful interference with a contract. A. I only. B. II only. C. I and II. D. Neither I nor II.

C. I and II: Lady Luck will be held liable to small nightclub for breach of contract, The large nightclub will be held liable to small nightclub for wrongful interference with a contract.

Pam was injured when Surgeon operated on her while Surgeon was drunk. Pam sued Surgeon for malpractice, seeking compensatory and punitive damages. The jury awarded Pam $100,000 in compensatory damages. Under the Supreme Court case of State Farm v. Campbell what is the highest amount the jury could award for punitive damages? A. $100,000. B. $250,000. C. $500,000. D. $900,000. E. Unlimited.

D. $900,000.

Tonya, a Razorback, wrote a memoir about her college years, called "Chillin' in the 'Ville." She wrote the book in 2000 and registered it with the U.S. Copyright office that same year. Tonya died twenty years later (2020). In what year will Tonya's copyright expire? A. 2070 B. 2095 C. 2082 D. 2090 E. None of these. Copyrights have a perpetual life.

D. 2090

In 2019 a Walton College student wrote a song. In 2020, she first performed the song publicly on the TV show "The Voice." When will her copyright ownership of the song expire? A. 20 years after federal registration. B. 70 years after she wrote the song. C. 70 years after her first public performance. D. 70 years after her death. E. Never. Copyright can last forever, provided the registration is renewed every 10 years.

D. 70 years after her death.

Gina installed a listening device in her roommate's car. If the roommate is harmed by this and sues for invasion of privacy what must the roommate prove? A. Gina was negligent in installing the listening devide B. Gina is guilty C. Gina has strict liability because this is "outrageous" conduct D. Gina entered the car without authorization and intentionally installed the listening device E. Gina acted with malice

D. Gina entered the car without authorization and intentionally installed the listening device

Which of the following is a copyright violation? I. An English teacher making 200 copies of a copyrighted textbook to enable her students to not have to buy the book. II. Copying a DVD rented from Red Box so that it can be shown over again without having to rent it again. III. Recording a show broadcast on TV so that you can watch it later. A. I only. B. II only. C. III only. D. I and II only. E. I, II and III.

D. I and II only: An English teacher making 200 copies of a copyrighted textbook to enable her students to not have to buy the book, Copying a DVD rented from Red Box so that it can be shown over again without having to rent it again.

A federal judge is deciding whether the "fair use" doctrine applies in a copyright case. Which of the following factors will guide the judge's analysis? I. Purpose of the copying. II. Nature of the work. III. Impact of the copying on the market. IV. Whether the owner of the copyright is currently alive. A. I only. B. II only. C. III only. D. I, II and III only. E. I, II, III and IV.

D. I, II and III only: Purpose of the copying, Nature of the work, Impact of the copying on the market.

Which of the following is NOT an element of the tort of negligence? A. Duty B. Breach of duty owed C. Damages D. Intent E. Causation

D. Intent

Mel cyberbullied and stalked Ina, often leaving her threatening messages online and in person. Ina became afraid to leave her home, lost her job, and had to seek professional counseling. Assuming that Mel's actions were extreme and outrageous which of the following torts have been committed by Mel? A. Assault B. Battery C. Appropriation of identity. D. Intentional infliction of emotional distress E. All of these.

D. Intentional infliction of emotional distress

Mel stalked Ina, breaking into Ina's car and office several times and leaving scary messages for Ina to find. Ina became afraid to leave her home, lost her job, and had to seek professional counseling. In addition to respass, which of the following torts have been committed by Mel? A. Assault B. Battery C. Appropriation of identity. D. Intentional infliction of emotional distress E. All of these.

D. Intentional infliction of emotional distress

Which of the following is NOT an element of the tort of negligence? A. Duty B. Breach of duty owed C. Damages D. Malice E. Causation

D. Malice

Eminem is a famous rap singer. A retail store in Little Rock, Arkansas begins to sell a T shirt with the likeness of Eminem on the front of the shirt. Eminem did not know about this until he saw someone wearing the T shirt. What type of claim (if any) can Eminem make against the store that sold the T shirt? A. False light invasion of privacy B. Publication of private facts C. Defamation D. Misappropriation of identity E. None of these, as Eminem is a public figure.

D. Misappropriation of identity

Sarah is an elementary school librarian in a small Arkansas town. She has never committed a crime and her name has never been in the paper until the local newspaper published a news report stating that Sarah sells meth (an illegal drug) to students. The school fires Sarah because of the newspaper story. Sarah sues the newspaper for defamation. At trial the jury finds that Sarah has proven by a preponderance of the evidence that the news report was false and that she had sustained substantial damages due to the false report. However, Sarah did not prove that the newspaper acted with malice. What is the likely outcome of Sarah's lawsuit? A. She will lose because she did not prove the element of malice B. She will lose because newspapers have absolute immunity from liability for claims of defamation C. She will win because of the precedent in New York Times v. Sullivan D. She will win because she proved all of the required elements of the tort of defamation E. She will lose because of the newspaper's right to free speech under the first amendment

D. She will win because she proved all of the required elements of the tort of defamation

A creative work in a tangible medium, such as a song or book is protected by ________________ law. A. patent B. trademark C. trade secret D. copyright

D. copyright

"Tort reform" is a concept that is the subject of much discussion. Even the Supreme Court has issued a ruling on this subject, specifically in the case of State Farm v. Campbell. What was the basic holding of this case? A. limit on attorney's fees in tort cases. B. limiting the right to a jury trial in tort cases. C. increasing the amount of taxes to be paid on tort awards. D. limiting the amount of punitive awards in tort cases E. ALL of these.

D. limiting the amount of punitive awards in tort cases

In recent years a number of states have embarked on a program generally referred to as "tort reform." Which of the following is/are good examples of tort reform which a number of states have implemented? I. Placing a limit on punitive damages. II. Placing a limit on non economic damages III. Giving certain business an absolute privilege preventing them from being held liable in certain tort cases. A. I only. B. II only. C. III only. D. I, II and III. E. I and II only.

E. I and II only.: Placing a limit on punitive damages AND Placing a limit on non economic damages

A "copyright" can be obtained in which of the following ways? I. Registration with the U.S. Copyright Office. II. Registration with a state copyright office. III. Common law. A. I only. B. II only. C. III only. D. I and II only. E. I and III only.

E. I and III only: Registration with the U.S. Copyright Office, Registration with a state copyright office, Common law.

A trademark can be obtained in which of the following ways? I. Registration with the federal government (U.S. Patent Trademark Office) II. Registration with a state government III. Common law (no registration) A. I only. B. II only. C. III only. D. I and II only. E. I, II and III

E. I, II and III: Registration with the federal government (U.S. Patent Trademark Office), Registration with a state government, Common law (no registration)

BigTown Newspaper printed a story which alleged that the city mayor had been receiving illegal payouts from a local mob boss. If the mayor sues the newspaper for defamation which of the following would have to be proven by the mayor to win a defamation lawsuit? I.Communication II. Report was false statement of fact III. Damages were sustained by the mayor IV. BigTown acted with actual malice A. I only. B. I and II only. C. I, II and III only. D. I, II, and IV only. E. I, II, III and IV

E. I, II, III and IV: Communication, Report was false statement of fact, Damages were sustained by the mayor, BigTown acted with actual malice

How long may a trademark registered with the federal government last? A. 6 months. B. 20 years. C. 75 years. D. Life plus 70 years. E. Indefinitely.

E. Indefinitely.

A store employee suspects that Jane stole an expensive article of clothing from a ladies clothing store. The employee asks Jane to step into an office and empty the contents of her backpack. Jane does this and the employee finds that Jane had stolen the clothing. The employee locked Jane in the management office to await the arrival of the police. The police were busy with more important matters and did not arrive. Finally, after 10 hours, the employee released Jane. If Jane sued the store for the tort of "false imprisonment," what would be the likely result? A. The store would prevail under the doctrine of absolute privilege B. The store would prevail under the doctrine of assumption of the risk C. The store would prevail under the doctrine of shopkeeper's privilege D. Jane would prevail under the doctrine of strict liability E. Jane would prevail under because the employee did not act reasonably

E. Jane would prevail under because the employee did not act reasonably

Thomas Jones invented a machine which would allow a person to unlock his/her door simply by saying the word "open." He filed this invention with the U.S. Patent Office in 2015 and it was approved that same year. Assume that Thomas dies in the year 2020. In what year will Thomas' patent expire? A. 2035 B. 2040 C. 2085 D. 2090 E. None of the above. Patents have a perpetual life.

A. 2035

A patent protects which of the following? A. An invention B. A song C. A brand name D. A logo E. A movie

A. An invention

Newspaper prints a picture of Gina next to an article about felons. In fact, Gina has never committed a crime. If Gina loses her job because of this picture, what type of claim could she file against the newspaper? A. False light invasion of privacy. B. Interference with a contract. C. Disparaging of property D. Conversion E. Defamation

A. False light invasion of privacy

In the United States a patent can be obtained in which of the following ways? I. Registration with the U.S. Patent and Trademark office II. Registration with the Secretary of State of a particular state III. Common law (no registration) A. I only. B. II only. C. III only. D. I and II only. E. I, II and III

A. I only: Registration with the U.S. Patent and Trademark office

A store employee suspects that Jane stole two expensive wallets. The employee asks Jane to step into an office and empty the contents of her backpack. Jane does this and no wallets are found. The employee apologizes to Jane and opens the door for Jane to leave the office and return to the store. If Jane sued the store for the tort of false imprisonment, what would be the likely result? A. The shopkeeper would prevail under the shopkeeper's privilege doctrine B. The shopkeeper would prevail under the doctrine of absolute privilege C. The shopkeeper would prevail under the doctrine of assumption of the risk D. Jane would prevail under the doctrine of strict liability E. Jane would prevail under the doctrine comparative fault

A. The shopkeeper would prevail under the shopkeeper's privilege doctrine

The U.S. Congress has developed a list of non-exclusive factors which a federal judge must use to determine whether or not copying a copyrighted work is "fair use." Which of the following is NOT one of these factors? A. Whether or not the original owner of the copyright is still alive. B. The purpose of the copying C. The nature of the copyrighted work D. The amount and substantiality of the copyrighted work E. The impact of the copying on the market.

A. Whether or not the original owner of the copyright is still alive.

A photographer snaps a photo of movie star Brad Pitt walking the streets of New Orleans wearing "Hipster" brand sunglasses. Hipster brand buys the photo from the photographer and uses the photo in a full page advertisement published in five national fashion magazines. May Hipster be held liable to Brad Pitt for a tort? A. Yes, appropriation of identity. B. Yes, publication of private facts. C. Yes, putting a person in a false light. D. No, the photo was taken on a public street and sold legally. E. No, since the photo was of a celebrity there can be no tort.

A. Yes, appropriation of identity.

Starla is Tik Tok famous. She creates original dances using 15-second song clips offered by Tik Tok. Those song clips are protected by which type of intellectual property law? (btw Tik Tok pays for those song clips) A. copyright B. trademark C. patent D. service mark E. not protected

A. copyright

Which of the following is the weakest trademark classification? A. generic B. fanciful C. descriptive D. arbitrary

A. generic

Landlord Lenny intentionally snuck into Phoebe's apartment and installed a camera so that he could watch her as she worked on new songs. He planned to copy her songs and he liked to watch her creative process. Which tort has Landlord Lenny committed? A. invasion of privacy B. misappropriation of identity C. public disclosure of private facts D. negligence

A. invasion of privacy

A ______________________ is a contract granting a person or firm permission to use a copyright, patent, or trademark for a limited time and in a limited manner. A. license B. infringement C. fair use D. royalty E. cease and desist order

A. license

ICANN does which of the following tasks? A. oversees internet addresses B. enforces U.S. trademark laws on domain name registrants C. grants patent protection in foreign countries D. regulates copyright infringement on social media sites

A. oversees internet addresses

Marilyn is a well known country and western entertainer. She entered into a 2 year contract with a nightclub in Nashville. The contract paid her $5,000 per week. After six months the Silver City (a large hotel in Las Vegas) contacted Marilyn and offered her a one-year contract starting immediately for $10,000/week. Silver Dollar City did not know about Marilyn's contract with the Nashville nightclub. Marilyn accepted the Las Vegas offer and left Nashville. What legal remedy or remedies would the Nashville nightclub have in this case? I. Sue Marilyn for breach of contract. II. Sue the Las Vegas hotel (Silver City) for wrongful interference with a contract. A.I only. B. II only. C. I and II. D. Neither I nor II.

A.I only: Sue Marilyn for breach of contract.

On January 1, 2017 your company filed a use patent with U.S. Patent and Trademark office. One year later the patent was officially granted. For what period of time will this patent be legally valid? A. 5 years. B. 20 years. C. 70 years D. 95 years E. For an indefinite period of time

B. 20 years.

Auto Co. manufactures automobiles. Every other auto manufacturer uses steel connecting pins in their cars. Auto Co. uses plastic connecting pins (to save money). If people are injured because the plastic connecting pins break, what type of product liability claim would the injured people bring? A. Manufacturing defect B. Design defect C. Failure to warn

B. Design defect

Mike runs a red light hitting a car. The car he hits slides on water and hits an electric box. The electrical box damange causes a neighborhood to loose power. Rick who was out of town doesn't ralize there has been a loss of power and eats spoiled meat. Rick gets so sick he goes to the hospital and is out of work for 5 days. If he sues Mike the judge will likely: A. Dismiss the case based on negligence per se B. Dismiss the case because Mike's damages weren't foreseeable C. Allow the case to go forward because Mike was in the zone of danger D. Allow the case to go forward because Mike was harmed

B. Dismiss the case because Mike's damages weren't foreseeable

Which of the following is the strongest trademark classification? A. Suggestive. B. Fanciful. C. Generic D. Descriptive. E. Personal.

B. Fanciful.

Being incredibly smart, you have just created an invention that will make life easier for students. How may you obtain patent protection for your new invention? A. Federal registration with the U.S. Copyright office. B. Federal registration with the U.S. Patent and Trademark office. C. Common law, state registration or federal registration. D. WIPO registration. E. All of the above.

B. Federal registration with the U.S. Patent and Trademark office.

Marion came up with a name for a Hairstylist business called "CleanCuts." She registered the name with the U.S. Patent and Trademark office, and began using it in Arkansas, Texas, and Missouri. Three years after the registration Marion discovered that there was a business in Arizona also using the name "CleanCuts" and had been for more than ten years, but had never registered it with the USPTO. What are Marion's rights with regards to her registered mark "CleanCuts?" A. Marion has the right to obtain an injunction against the Arizona CleanCuts as they are in violation of her registered trademark. B. Marion would fail to obtain an injunction against Arizona CleanCuts because they were a prior user and will have a common law trademark limited to the area in which they were already using the name. C. Marion's trademark registration with the USPTO is invalid once it is discovered that the name was previously being used in Arizona. D. Marion must allow the Arizona business to continue using the name CleanCuts for an additional year, after which time they will have to cease and desist the use of Marion's federally registered name.

B. Marion would fail to obtain an injunction against Arizona CleanCuts because they were a prior user and will have a common law trademark limited to the area in which they were already using the name.

Vehicles driven by Terry and Mark collide and Terry is injured. Terry sues Mark and the case is heard by a jury. The jury finds that Terry suffered damages in the amount of $100,000 and that Mark did not suffer any damages whatsoever. The jury also finds that Mark was 60% at fault for the accident and Terry was 40% at fault. Under the doctrine of contributory negligence, the judge will order Mark to pay how much money to Terry? A. $20,000 B. $40,000 C. $60,000 D. $80,000 E. $100,000

C. $60,000

Vehicles driven by Terry and Mark collide and Terry is injured. Terry sues Mark and the case is heard by a jury. The jury finds that Terry suffered $100,000 in damages, and further finds that Terry was 20% at fault for the accident with Mark being 80% at fault. Under the laws of most states the judge will order Mark to pay Terry how much money? A. $20,000 B. $50,000 C. $80,000 D. $100,000 E. Nothing, as any degree of fault by the plaintiff bars the plaintiff from any recovery from the defendant

C. $80,000

For a price of $1,000, Mindy secures the web address Megastores.com. She then emails the owner of Megastores: "I own Megastores.com and will use it to post conspiracy theories, unless you buy the web address from me for $50,000." Which law has been violated and what remedy is available to Megastores? A. ICANN dispute resolution policies and name reassignment B. Lanham Act and destruction of infringing goods C. AntiCybersquatting Act and money damages

C. AntiCybersquatting Act and money damages

If the University of Arkansas has a dispute related to its domain name and the use of its domain name by another party which allows the university of Arkansas to have the domain name reassigned but does not allow for monetary damages? A. Suing under the Anti Cybersquatting Law B. A civil court defamation lawsuit C. Filing for arbitration under WIPO D. Filing in criminal court

C. Filing for arbitration under WIPO

For 20 years Gina has operated a coffee shop in Fayetteville called "Brewtiful." Last year Carol opened 10 coffee shops named "Brewtiful" along the East coast. Carol secured a federal trademark registration of the name "Brewtiful." If Carol challenges Gina's use of the name "Brewtiful" what is the likely outcome? A. The registered trademark will be reassigned to Gina as the prior user. B. Gina may not continue using the name Brewtiful and will need to rename her business. C. Gina will be allowed to continue using the name for her one coffee shop in Fayetteville. D. Carol and Gina will become co-owners of the trademark. E. Carol's trademark will be cancelled as it is not exclusive.

C. Gina will be allowed to continue using the name for her one coffee shop in Fayetteville.

Your company has just filed a trademark with the USPTO, and it has been duly recognized by that office. Six months after the filing it was discovered that a small company in Wyoming has been using the exact same mark for many years. How is this issue generally resolved under trademark law? A. The Wyoming company has the exclusive right to use the mark nationwide as they had been using it before your company registered with the USPTO. B. Your company has the exclusive right to use the mark nationwide as you registered your mark first. C. Your company has the exclusive right to use the mark nationwide except for a reasonable area for which the Wyoming company is a prior user. D.Your company and the Wyoming company must both develop a new and unique mark and submit it to the USPTO for an evaluation, with only one to be recognized as valid.

C. Your company has the exclusive right to use the mark nationwide except for a reasonable area for which the Wyoming company is a prior user.

If a plaintiff sues for product liability, the plaintiff must prove which of the following? A. Defendant was a professional seller B. The product was unreasonably dangerous C. both of these

C. both of these: Defendant was a professional seller AND The product was unreasonably dangerous

The copyright for works by William Shakespeare have expired. Thus, Shakespeare's works are _____________________. A. forever unuseable B. trademarked C. in the public domain

C. in the public domain

Mike dies while driving a high performance sports car. His family sues the car manufacturer in "strict liability," alleging that the car was defective when sold by the manufacturer and that the defect resulted in Mike's death. Which of the following defenses can be successfully used by the manufacturer to avoid liability in this case? I. Mike purchased the car from a car dealer and therefore was not in privity of contract with the manufacturer. II. Mike was unable to prove that the manufacturer was negligent in the making of the car III. When the car was sold by the manufacturer the contract contained a waiver which disclaimed any product liability. A. I only. B. II only. C. III only. D. I, II and III. E. None of these defenses can be used.

E. None of these defenses can be used.

In determining whether a person is entitled to use the "fair use" defense," Congress has directed the federal courts to consider a number of factors. Which of the following is NOT one of those factors? A. The purpose of the copying B. The nature of the work C. The amount of the copied material relative to the work as a whole D. The impact of the copying on the market E. The number of years of useful life remaining before the copyright expires

E. The number of years of useful life remaining before the copyright expires