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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. Avery conveys - transfers - to classic stone corporation the right to come onto her land and remove up to five hundred pounds of marble per day. What is this called? can classic stone corp. transfer this right?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
classic stone corp. owns a profit in gross - and cannot transfer this right to another
sexual harassment is protected under title 7 because it effects genders differently in the workplace
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


2. Steps to determining trademark infringement?
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
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
allows for use of copyrighted material under certain guidelines


3. Strong Marks Case Example

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4. Triple amount of damages definition
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
treble damages
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
novel - useful - non obvious


5. In real property law who is considered to be the dominant estate?
finder after obtaining a title
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
the property that will benefit from a profit
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


6. What is a warranty deed?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
probable cause
must effectively try to acquire protection as well as keep the secret
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


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

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8. What are some criminal defenses
intent - delivery - acceptance
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
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


9. License in trademark law?
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
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
agreement permitting use of a trademark
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name


10. Outcome of a unanimous guilty verdict?
can appeal - subject to new trial
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
crops is considered to be real property and should be considered in the sale of such property.
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


11. Are crops real property when they are sold?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
No - they are considered to be goods and is governed by the uniform commercial code
entry of a plea - guilty/ not guilty
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


12. Darst V. Interstate Brands Corp. regarding family and medical leave rights
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property


13. What composes RICO?
prohibits excessive bail and fines - cruel and unusual punishment
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
entry of a plea - guilty/ not guilty
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


14. Gold club corporate criminal liability example?
breaking into a residence with the intent of performing a felony. this is a crime against property.
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


15. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
mental state or intent part 2 of 2 for determining criminal liability
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
secondary meaning
taking property away from the owner with the intent of permanently removing them of ownership


16. Adverse possession
breaking into a residence with the intent of performing a felony. this is a crime against property.
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
obtaining ownership by living on anothers property
generally the use of a software to perform a job or deliver product


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

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18. In order to recieve protection what must one do?
key words of a website that are used for search engines
must effectively try to acquire protection as well as keep the secret
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership


19. What is an easement?
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
another persons right to make limited use of another persons real property without taking anything away from the property
finder after obtaining a title


20. What happens when land is sold that is growing crops?
work for a company with more than 50 employees - employed for a year - and must try to give notice
criminal defense stating that a crime was necessary in preventing an even greater crime
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
crops is considered to be real property and should be considered in the sale of such property.


21. What determines likeliness of confusion?
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment


22. What is protected expression?
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
reverse engineer - go through garbage..
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work


23. Drake V. Walton County regarding the county taking property
secondary meaning
criminal defense stating that a crime was necessary in preventing an even greater crime
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.
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


24. What is Actus Reus
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
court found that sambucks caused significant confusion required to harm the value of starbacks trademark


25. In order to prove discrimination in hiring one has to prove?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
members cannot give nationals favorable treatment
criminal defense stating that a crime was necessary in preventing an even greater crime


26. EEOC is responsible for doing what?
used by members of a cooperative organization to certify the quality of service or product
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks


27. Commercial bribery example
No - property gifts are common
offering someone who works at a different firm money for their trade secrets
first person to invent not file for patent
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


28. Facts to be used in the fair use standard are?
reverse engineer - go through garbage..
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
can appeal - subject to new trial
a warranty that the buyer will not be disturbed in their possession of the land


29. What is a Deed
key words of a website that are used for search engines
document by which title to property is passed
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files


30. What is can be considered trade dress?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
distinctive decor - menu - style - service of an offering
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
a physical or mental impairment that substantially limits one or more major life activities


31. Service mark
hours of employment - conditions - age of workers
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
used by members of a cooperative organization to certify the quality of service or product


32. Example of an exception to the at will doctrine based on tort theory
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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


33. Mail fraud act example senator?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
record of such condition - being regarded as actually having a condition
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
given exclusive possession and control over property - and knowingly accept responsibility


34. What must a deed possess to be valid?

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35. Special Bailments
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
10 years and it is renewable
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
entry of a plea - guilty/ not guilty


36. Mislaid property
another persons right to make limited use of another persons real property without taking anything away from the property
voluntarily parted with at the time - but then later tries to find it
work for a company with more than 50 employees - employed for a year - and must try to give notice
first person to invent not file for patent


37. When property is found that was mislaid who owns it?
owner of premise where it was found - after good title is acquired
the corporation could have prevented such acts
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
process of hiding the source of illegally acquired funds


38. Business process patents involve?
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
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
generally the use of a software to perform a job or deliver product
criticism - use in satire - news report - use to educate


39. Fair labor standards act covers issues such as?
hours of employment - conditions - age of workers
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
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


40. Workers comp and negligence

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41. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
the corporation could have prevented such acts
owner of premise where it was found - after good title is acquired
entry of a plea - guilty/ not guilty
reverse engineer - go through garbage..


42. Discrimination during the hiring process is acceptable when?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
prohibits excessive bail and fines - cruel and unusual punishment
sally would possess an easement in this case - the right to travel across property owner peter's land
20 years from filing


43. In order to receive protection under the family medical leave act - one must?
used by members of a cooperative organization to certify the quality of service or product
work for a company with more than 50 employees - employed for a year - and must try to give notice
10 year period renewable
mistake of fact


44. Bailments are?
No - but if they find any other reason - like you have been late often than you'll probably get fired
property of one person rightfully in possession of another - custody
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
novel - useful - non obvious


45. What is a job offer?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
first person to invent not file for patent
intent - delivery - acceptance
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted


46. What terminates an easement?
No - but if they find any other reason - like you have been late often than you'll probably get fired
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
the corporation could have prevented such acts
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


47. Mail Fraud Act of 1990 is what?
it is a federal crime to use the us postal service to defraud others on false pretenses
No - but if they find any other reason - like you have been late often than you'll probably get fired
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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


48. What is the difference between real and personal property?
allows for use of copyrighted material under certain guidelines
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
arises when customers begin to associate a specific term or phrase with specific trademarked items
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.


49. What could be considered as sexual harassment in the work place
this for that - sexual favors - general conduct however one incident is not enough
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
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe


50. Money laundering
process of hiding the source of illegally acquired funds
cannot be tried again - no appeal
reverse engineer - go through garbage..
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