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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.
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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. How is the right to use a trademark determined?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
who has been using it first or filed for it first
arises when customers begin to associate a specific term or phrase with specific trademarked items
race - sex - national origin - color - religion

2. What conditions are covered by the family medical leave act?
agreement permitting use of a trademark
the property that is burdened by a profit
birth - child placement - employee health - care for spouse - child - or parent - military duty
ownership rights to property

3. How long is a copyright protected? for a corporation?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
offering someone who works at a different firm money for their trade secrets
novel - useful - non obvious
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

4. Are crops real property when they are sold?
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
any party can terminate an employment arrangement at anytime no questions asked
No - they are considered to be goods and is governed by the uniform commercial code
encourage finders to report lost property and sufficiently try to return property - if comply results in good title and ownership even if claimed in the future

5. Fair use is limited to?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
breaking into a residence with the intent of performing a felony. this is a crime against property.
former playmate of the year was granted the use of playboy and playmate meta tags because she did not suggest sponsorship and there are not sufficient synonymous terms
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

6. Country club case
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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
fraudulent miss-use of funds that have been entrusted to them

7. TRIPS agreement
living on another persons property - obviously - using the land for a specified amount of time. today it is generally only accidentally - i.e. fencing mistakes
intent when attached and will item be damaged because of removal? hard to determine
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
signed by hundreds of countries that establishes standards for the international protection of intellectual property

8. The Berne Convention
must effectively try to acquire protection as well as keep the secret
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
process of hiding the source of illegally acquired funds
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

9. Patent Requirements
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
living on another persons property - obviously - using the land for a specified amount of time. today it is generally only accidentally - i.e. fencing mistakes
novel - useful - non obvious
attorney needs all the information to properly defend their client - so in order to give people this right to a fair trial they need defense

10. Members of the TRIPS agreement cannot do what?
birth - child placement - employee health - care for spouse - child - or parent - military duty
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
members cannot give nationals favorable treatment
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

11. Bailments are?
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
property of one person rightfully in possession of another - custody
work for a company with more than 50 employees - employed for a year - and must try to give notice
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

12. In order for a disability to be legally recognized what must exist?
record of such condition - being regarded as actually having a condition
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

13. Mail fraud act example senator?
conditional gifts that are only accepted upon the performance of marriage
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
mental state or intent part 2 of 2 for determining criminal liability
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

14. What is an easement?
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
another persons right to make limited use of another persons real property without taking anything away from the property
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
must effectively try to acquire protection as well as keep the secret

15. How can someone legally acquire trade secrets?
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
living on another persons property - obviously - using the land for a specified amount of time. today it is generally only accidentally - i.e. fencing mistakes
owners of secret must try and protect - destroy garbage
reverse engineer - go through garbage..

16. Possible ruling interpretations for accession cases
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
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
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another

17. What is the difference between real and personal property?
race - sex - national origin - color - religion
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

18. What ruling regarding the exclusionary rule was made in the herring v. united states supreme court?

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19. George V restauration s.a. V. Little Rest Twelve licensing case example

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20. What composes RICO?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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

21. Outcome of a unanimous guilty verdict?
can appeal - subject to new trial
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
document by which title to property is passed
former playmate of the year was granted the use of playboy and playmate meta tags because she did not suggest sponsorship and there are not sufficient synonymous terms

22. Mail Fraud Act of 1990 is what?
mental state or intent part 2 of 2 for determining criminal liability
mistake of fact
10 year period renewable
it is a federal crime to use the us postal service to defraud others on false pretenses

23. The madrid protocol accomplishes what?
streamlines and standardizes the processes for applying for a trademark abroad
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
treble damages
owners of secret must try and protect - destroy garbage

24. What uses fall under the fair use doctrine?
criticism - use in satire - news report - use to educate
streamlines and standardizes the processes for applying for a trademark abroad
must effectively try to acquire protection as well as keep the secret
mistake of fact

25. A woman checks her coat at a restaurant - and when she gets her coat back her expensive necklace is gone - can the woman sue the restaurant?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
can sue for relief and damages that may arrise from the infringement - if court sees that the infringement was willful the court can call for triple the amount of damages
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
reverse engineer - go through garbage..

26. Is it a fixture?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
intent when attached and will item be damaged because of removal? hard to determine
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

27. Discrimination during the hiring process is acceptable when?
taking property away from the owner with the intent of permanently removing them of ownership
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
if an employee is lead to believe he is offered a long term job with a thriving business - but in reality that company is struggling financially and is about to perform a merger that will get rid of the position for that employee - than this employee

28. Determining disability regarding with and without equipment?
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
given exclusive possession and control over property - and knowingly accept responsibility
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

29. Mens Rea
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
mental state or intent part 2 of 2 for determining criminal liability

30. Secondary Meaning Example frosty treats
race - sex - national origin - color - religion
sufficient evidence
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
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

31. When property is found who gets property when it was abondoned?
sally would possess an easement in this case - the right to travel across property owner peter's land
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
taking property away from the owner with the intent of permanently removing them of ownership
finder after obtaining a title

32. Generic terms can never have?
secondary meaning
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
mistake of fact
owners of secret must try and protect - destroy garbage

33. How long are patents protected?
probable cause
20 years from filing
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
given exclusive possession and control over property - and knowingly accept responsibility

34. What are some criminal defenses
race - sex - national origin - color - religion
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
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

35. Examples of collective marks
first person to invent not file for patent
living on another persons property - obviously - using the land for a specified amount of time. today it is generally only accidentally - i.e. fencing mistakes
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

36. The EEOC requires that victims do what before they hold employers liable?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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
taking property away from the owner with the intent of permanently removing them of ownership

37. Estray statutes encourage what?
encourage finders to report lost property and sufficiently try to return property - if comply results in good title and ownership even if claimed in the future
breaking into a residence with the intent of performing a felony. this is a crime against property.
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

38. Certification mark
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
the right to enter onto another persons property with the intentions of removing something valuable

39. What are the requirements for making a gift an effective transfer of ownership?
if an employee is lead to believe he is offered a long term job with a thriving business - but in reality that company is struggling financially and is about to perform a merger that will get rid of the position for that employee - than this employee
intent - delivery - acceptance
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
sally would possess an easement in this case - the right to travel across property owner peter's land

40. What are strong Marks?
attorney needs all the information to properly defend their client - so in order to give people this right to a fair trial they need defense
members cannot give nationals favorable treatment
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

41. Trademark dilution
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
process of hiding the source of illegally acquired funds
property of one person rightfully in possession of another - custody
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

42. Collective mark
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
streamlines and standardizes the processes for applying for a trademark abroad
used by members of a cooperative organization to certify the quality of service or product

43. Special Bailments
criminal defense stating that a crime was necessary in preventing an even greater crime
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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

44. Drake V. Walton County regarding the county taking property
if property owner peter owns two plots of land - one with drinking water and the other without - if sally gets the one without - by implication she has an easement to use the drinking water
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.
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

45. Workers comp and negligence

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46. Roman Catholic Church V. Prince Reality Management regarding a license?
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 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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

47. What is can be considered trade dress?
20 years from filing
distinctive decor - menu - style - service of an offering
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
property of one person rightfully in possession of another - custody

48. What is a job offer?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
living on another persons property - obviously - using the land for a specified amount of time. today it is generally only accidentally - i.e. fencing mistakes
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

49. Purpose of criminal penalties?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
secondary meaning
sufficient evidence
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

50. Facts to be used in the fair use standard are?
sally would possess an easement in this case - the right to travel across property owner peter's land
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
No - property gifts are common