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Business Law Yale

Instructions:

Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.

This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.

1. Collective mark
ownership rights to property
used by members of a cooperative organization to certify the quality of service or product
proven that the continued use of the license could confuse consumers as to where the trademark came from which would cause damages - proven by little rest's advertisement of their affiliation
process of hiding the source of illegally acquired funds

2. Triple amount of damages definition
joint tenancy results in the ownership of property after the partner dies - a joint tenancy becomes a tenancy in common upon one party selling their stake
criticism - use in satire - news report - use to educate
treble damages
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

3. Trademarks are good for? are they renewable
10 year period renewable
the exclusionary rule was made to deter illegal police behavior that outweighed allowing a few criminals free - but if it is an isolated incident and won't detour others - than it is not exclusionary
the corporation could have prevented such acts
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

4. Are compilation of facts copyrightable? case example
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
work for a company with more than 50 employees - employed for a year - and must try to give notice
used to protect famous trademarks from unauthorized use with non-competitive or related products; deals with somehow taking away from the value of the trademark - bugs bunny motel example
employers need to make reasonable effort - employers should have a process to deal with hostility - employees are required to give employer a chance to take care of

5. In the united states who gets the patent if there is a conflict?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
prohibits excessive bail and fines - cruel and unusual punishment
the exclusionary rule was made to deter illegal police behavior that outweighed allowing a few criminals free - but if it is an isolated incident and won't detour others - than it is not exclusionary
first person to invent not file for patent

6. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
another persons right to make limited use of another persons real property without taking anything away from the property
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

7. Requirements of a bailement
given exclusive possession and control over property - and knowingly accept responsibility
you cannot copyright an idea - only the way in which the idea is expressed. if the idea is inseperable to the expression than it is not copyrightable
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
distinctive decor - menu - style - service of an offering

8. Examples of collective marks
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
possessor must take sole physical occupancy of the property - the possession must be made obvious - possession must be peaceful and exist for the needed amount of time - the possessor cannot have permission
intent when attached and will item be damaged because of removal? hard to determine
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

9. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
if someone cannot walk without a brace - they are disabled - if someone cannot see without glasses but with glasses they see fine - they are not disabled - you cannot discriminate if someone is capable of performing their duties based on how they are
secondary meaning
allows for use of copyrighted material under certain guidelines
criticism - use in satire - news report - use to educate

10. How long is a copyright protected? for a corporation?
key words of a website that are used for search engines
intent - delivery - acceptance
if someone cannot walk without a brace - they are disabled - if someone cannot see without glasses but with glasses they see fine - they are not disabled - you cannot discriminate if someone is capable of performing their duties based on how they are
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

11. Certification mark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
signed by hundreds of countries that establishes standards for the international protection of intellectual property
can appeal - subject to new trial
arises when customers begin to associate a specific term or phrase with specific trademarked items

12. Secondary Meaning Example frosty treats
if someone tries to patent a rulebook to a known game that is public domain - there is nothing unique about it - the rules are known writing them out isn't any different than the idea
used to protect famous trademarks from unauthorized use with non-competitive or related products; deals with somehow taking away from the value of the trademark - bugs bunny motel example
mistake of fact
court held that frosty treats is a descriptive term and unless the company could prove that consumers had developed a secondary meaning that they could not sue the video game

13. The WARN act calls for what?
owners of secret must try and protect - destroy garbage
a 60 day warning of a layoff or close of a factory that has more than 50 fulltime workers and is for companies with more than a total of 100fulltime workers
reverse engineer - go through garbage..
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

14. Fair labor standards act covers issues such as?
hours of employment - conditions - age of workers
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
a new court case such as the first one never occured - state may not bring a re-trial against the defendant if too costy or evidence has been weakened

15. Indictment requires
No - property gifts are common
defendent pleaded guilty to using the zig zag name to sell inferior product and was sentenced to prison and to only pay damages equal to the actual sellers of zig zag
this is what most states enforce today - and it guarantees the buyer that the home is in reasonable living condition and the seller is liable for defects that are not declared
sufficient evidence

16. Roman Catholic Church V. Prince Reality Management regarding a license?
given exclusive possession and control over property - and knowingly accept responsibility
the church gave prince a license to erect a plywood wall to protect a construction site - but they placed steel pillars in the licensed area. the court ruled this to be trespassing
it rewards citizens for putting land to good use rather than just sitting on expanses of property
this for that - sexual favors - general conduct however one incident is not enough

17. What is a profit under real property law?
if a company has a posted that employees can only be terminated for sufficient reason - a court could rule that this stands ground as a contract
the right to enter onto another persons property with the intentions of removing something valuable
hours of employment - conditions - age of workers
conditional gifts that are only accepted upon the performance of marriage

18. What composes RICO?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
use of illegal income to purchase interest in an enterprise - acquire or maintain interest in an enterprise through the use of racketeering - conduct in activity of an enterprise through racketeering - pattern 2 acts of racketeering or any crime with
considering the fact that cocaine was no longer an active ingredient and had been advertised as so - the name coke was found to be so common a name for the beverage that Koke was an infringement of trademark
classic stone corp. owns a profit in gross - and cannot transfer this right to another

19. What is a Deed
cannot be tried again - no appeal
retain title of ownership when pay other to add value to property - retain title when accession occurs illegally - if upon good faith the improvement changes the identity of the property - it is possible that the title may pass on to the improver - b
document by which title to property is passed
voluntarily parted with at the time - but then later tries to find it

20. Workers comp and negligence

21. Generic terms can never have?
the property that is burdened by a profit
secondary meaning
obtaining ownership by living on anothers property
agreement permitting use of a trademark

22. In order to receive protection under the family medical leave act - one must?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
mistake of fact
work for a company with more than 50 employees - employed for a year - and must try to give notice
only white men and 2 hispanic men past a test for who was qualified for promotion - the city through away the results in fear of being considered discriminatory

23. What are the requirements for making a gift an effective transfer of ownership?
considering the fact that cocaine was no longer an active ingredient and had been advertised as so - the name coke was found to be so common a name for the beverage that Koke was an infringement of trademark
intent - delivery - acceptance
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

24. What is a conveyance?
the corporation could have prevented such acts
a deed that transfers interest in a life estate from one to another
used by members of a cooperative organization to certify the quality of service or product
sufficient evidence

25. Drake V. Walton County regarding the county taking property
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
county changed drainage flow during an emergency and did not restore flow - which resulted in permanent damage. state court ruled that the reconfiguration was effectively unjustly taking their land and compensation was due.
the church gave prince a license to erect a plywood wall to protect a construction site - but they placed steel pillars in the licensed area. the court ruled this to be trespassing
considering the fact that cocaine was no longer an active ingredient and had been advertised as so - the name coke was found to be so common a name for the beverage that Koke was an infringement of trademark

26. Fair use is limited to?
the property that will benefit from a profit
secondary meaning
generally the use of a software to perform a job or deliver product
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

27. KSR Internation V. Teleflex INC. regarding what is patentable?

28. Constructive bailments are?

29. What composes an 'at will doctrine'
any party can terminate an employment arrangement at anytime no questions asked
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
breaking into a residence with the intent of performing a felony. this is a crime against property.

30. Sexual harassment is treated as what?
property of one person rightfully in possession of another - custody
process of hiding the source of illegally acquired funds
sexual harassment is protected under title 7 because it effects genders differently in the workplace
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

31. Business process patents involve?
the church gave prince a license to erect a plywood wall to protect a construction site - but they placed steel pillars in the licensed area. the court ruled this to be trespassing
generally the use of a software to perform a job or deliver product
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
ruled that teleflex's patent was invalid because the innovation was obvious proven because anyone of similar skill or talents could have put trademarks that were already in place together to make the new product - court ruled that this limits the res

32. What are the requirements for adverse possession to be recognized?
possessor must take sole physical occupancy of the property - the possession must be made obvious - possession must be peaceful and exist for the needed amount of time - the possessor cannot have permission
probable cause
defendent pleaded guilty to using the zig zag name to sell inferior product and was sentenced to prison and to only pay damages equal to the actual sellers of zig zag
taking property away from the owner with the intent of permanently removing them of ownership

33. License in trademark law?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
agreement permitting use of a trademark
who has been using it first or filed for it first
A deed that includes a number of covenants that gives the buyer the buyer the most protection. Affirms the buyer can easily possess what has been mentioned in the deed

34. Under the americans with disabilities act - when can a disability be discussed?

35. Employers should handle hostile environments regarding protected members of title 7 by?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
breaking into a residence with the intent of performing a felony. this is a crime against property.
the right to enter onto another persons property with the intentions of removing something valuable
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

36. What are some criminal defenses
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
classic stone corp. owns a profit in gross - and cannot transfer this right to another
businesses cannot discriminate to the public - private clubs can but only to a certain degree - for example a club cannot say no black people - but if they only allow 60% of white people than its not solely based on color
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

37. Bailments are?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
entrapment is the influence of a police officer to commit a crime - one must prove that they would not have done it without the influence
the church gave prince a license to erect a plywood wall to protect a construction site - but they placed steel pillars in the licensed area. the court ruled this to be trespassing
property of one person rightfully in possession of another - custody

38. What are strong Marks?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
businesses cannot discriminate to the public - private clubs can but only to a certain degree - for example a club cannot say no black people - but if they only allow 60% of white people than its not solely based on color
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

39. What uses fall under the fair use doctrine?
20 years from filing
if a company has a posted that employees can only be terminated for sufficient reason - a court could rule that this stands ground as a contract
a warranty that the buyer will not be disturbed in their possession of the land
criticism - use in satire - news report - use to educate

40. Derivative work
considering the fact that cocaine was no longer an active ingredient and had been advertised as so - the name coke was found to be so common a name for the beverage that Koke was an infringement of trademark
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
taking property away from the owner with the intent of permanently removing them of ownership
businesses cannot discriminate to the public - private clubs can but only to a certain degree - for example a club cannot say no black people - but if they only allow 60% of white people than its not solely based on color

41. Significance of coca-cola V. koke Co of America
criminal defense stating that a crime was necessary in preventing an even greater crime
when someone finds someone else's property a bailment is performed - they accepted to control the property (custody) - considering bailments are temporary - it is implied that they should try and return it - falls under estray statutes
considering the fact that cocaine was no longer an active ingredient and had been advertised as so - the name coke was found to be so common a name for the beverage that Koke was an infringement of trademark
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

42. Adverse possession
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
obtaining ownership by living on anothers property
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
sally would possess an easement in this case - the right to travel across property owner peter's land

43. Steps to determining trademark infringement?
conditional gifts that are only accepted upon the performance of marriage
First likeliness of confusion of the source of the product will be questioned - if there is no likeliness of confusion - then the court will determine if the existence of a similar trademark dilutes the value of the other that has filed first
arises when customers begin to associate a specific term or phrase with specific trademarked items
streamlines and standardizes the processes for applying for a trademark abroad

44. How long are patents protected?
offering someone who works at a different firm money for their trade secrets
retain title of ownership when pay other to add value to property - retain title when accession occurs illegally - if upon good faith the improvement changes the identity of the property - it is possible that the title may pass on to the improver - b
ruled that teleflex's patent was invalid because the innovation was obvious proven because anyone of similar skill or talents could have put trademarks that were already in place together to make the new product - court ruled that this limits the res
20 years from filing

45. In real property law who is considered to be the servient estate?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
members cannot give nationals favorable treatment
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
the property that is burdened by a profit

46. In order to prove discrimination in hiring one has to prove?
document by which title to property is passed
hours of employment - conditions - age of workers
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
1) member of a protected class 2) applied and was qualified 3) rejected by the employer 4) the employer continued to look or filled the position with someone not in a protected class

47. Mens Rea
ruled that teleflex's patent was invalid because the innovation was obvious proven because anyone of similar skill or talents could have put trademarks that were already in place together to make the new product - court ruled that this limits the res
mental state or intent part 2 of 2 for determining criminal liability
a 60 day warning of a layoff or close of a factory that has more than 50 fulltime workers and is for companies with more than a total of 100fulltime workers
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

48. Darst V. Interstate Brands Corp. regarding family and medical leave rights
It was ruled that darst had the right to receive treatment for alcoholism under the FLMA - but his inability or refusal to go to work because of substance abuse did not fall under the FMLA
mental state or intent part 2 of 2 for determining criminal liability
you cannot copyright an idea - only the way in which the idea is expressed. if the idea is inseperable to the expression than it is not copyrightable
must effectively try to acquire protection as well as keep the secret

49. Sambucks vs. starbucks
agreement permitting use of a trademark
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

50. What is a job offer?
given exclusive possession and control over property - and knowingly accept responsibility
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
1) member of a protected class 2) applied and was qualified 3) rejected by the employer 4) the employer continued to look or filled the position with someone not in a protected class
probable cause