Business Law Yale

Instructions:

• Answer 50 questions in 15 minutes.
• If you are not ready to take this test, you can study here.
• 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. Remedies for patent infringement
agreement permitting use of a trademark
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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


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

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3. Fair use doctrine
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
allows for use of copyrighted material under certain guidelines
finder after obtaining a title


4. What happens when land is sold that is growing crops?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
No - they are considered to be goods and is governed by the uniform commercial code
crops is considered to be real property and should be considered in the sale of such property.
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market


5. What is the purpose of the adverse possession doctrine?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
offering someone who works at a different firm money for their trade secrets
it rewards citizens for putting land to good use rather than just sitting on expanses of property
fraudulent miss-use of funds that have been entrusted to them


6. What is can be considered trade dress?
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
distinctive decor - menu - style - service of an offering
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
first person to invent not file for patent


7. Special Bailments
multiple owners of real or personal property
voluntarily parted with at the time - but then later tries to find it
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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


8. Generic terms can never have?
secondary meaning
No - but if they find any other reason - like you have been late often than you'll probably get fired
agreement permitting use of a trademark
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


9. Counterfeiting example? regarding punishment
first person to invent not file for patent
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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


10. How can someone legally acquire trade secrets?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
reverse engineer - go through garbage..


11. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
finder after obtaining a title
10 years and it is renewable
it is a federal crime to use the us postal service to defraud others on false pretenses
secondary meaning


12. What are the requirements for adverse possession to be recognized?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
a deed that transfers interest in a life estate from one to another


13. Examples of collective marks
distinctive decor - menu - style - service of an offering
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
document by which title to property is passed
the corporation could have prevented such acts


14. Bailments are?
property of one person rightfully in possession of another - custody
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


15. Cybersquatting
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
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


16. What is a Deed
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
document by which title to property is passed
generally the use of a software to perform a job or deliver product
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


17. 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?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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


18. Reasonable accommodation requirements by the ADA
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
test is originality - lasts life of creator - protection is automatic
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual


19. In the united states who gets the patent if there is a conflict?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
first person to invent not file for patent


20. Determining disability regarding with and without equipment?
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 movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
finder after obtaining a title


21. Napster example?
the right to enter onto another persons property with the intentions of removing something valuable
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
reverse engineer - go through garbage..
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files


22. Triple amount of damages definition
owner of premise where it was found - after good title is acquired
given exclusive possession and control over property - and knowingly accept responsibility
generally the use of a software to perform a job or deliver product
treble damages


23. What composes RICO?
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
criminal defense stating that a crime was necessary in preventing an even greater crime
classic stone corp. owns a profit in gross - and cannot transfer this right to another
10 year period renewable


24. Facts to be used in the fair use standard are?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
intent when attached and will item be damaged because of removal? hard to determine
novel - useful - non obvious


25. In order to receive protection under the family medical leave act - one must?
work for a company with more than 50 employees - employed for a year - and must try to give notice
mental state or intent part 2 of 2 for determining criminal liability
sexual harassment is protected under title 7 because it effects genders differently in the workplace
conditional gifts that are only accepted upon the performance of marriage


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

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27. What is a covenant of quiet enjoyment?
a warranty that the buyer will not be disturbed in their possession of the land
breaking into a residence with the intent of performing a felony. this is a crime against property.
test is originality - lasts life of creator - protection is automatic
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


28. Adverse possession
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
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
obtaining ownership by living on anothers property
taking property away from the owner with the intent of permanently removing them of ownership


29. Candyland example?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent


30. Are compilation of facts copyrightable? case example
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
voluntarily parted with at the time - but then later tries to find it
secondary meaning
reverse engineer - go through garbage..


31. Mislaid property
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
voluntarily parted with at the time - but then later tries to find it


32. What is retaliatory discharge?
10 year period renewable
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
conditional gifts that are only accepted upon the performance of marriage
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine


33. Workers comp and negligence

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34. How can you come to possess land through adverse possession?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
a warranty that the buyer will not be disturbed in their possession of the land


35. Possible ruling interpretations for accession cases
No - they are considered to be goods and is governed by the uniform commercial code
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
key words of a website that are used for search engines
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs


36. Joint tenancy
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
a warranty that the buyer will not be disturbed in their possession of the land
ownership rights to property
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common


37. What must a deed possess to be valid?

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38. Service mark
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


39. Robbery
criminal defense stating that a crime was necessary in preventing an even greater crime
a physical or mental impairment that substantially limits one or more major life activities
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
forcefully taking property different from burglary because it is a violent crime and directly harms an individual


40. Trademark dilution
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
first person to invent not file for patent
distinctive decor - menu - style - service of an offering


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

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42. Collective mark
10 years and it is renewable
used by members of a cooperative organization to certify the quality of service or product
distinctive decor - menu - style - service of an offering
criticism - use in satire - news report - use to educate


43. What is a profit under real property law?
the right to enter onto another persons property with the intentions of removing something valuable
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
can appeal - subject to new trial
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


44. The Berne Convention
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 corporation could have prevented such acts
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks


45. What are strong Marks?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
it is a federal crime to use the us postal service to defraud others on false pretenses


46. Patent Requirements
novel - useful - non obvious
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
the property that will benefit from a profit
secondary meaning


47. Tenancy in common
cannot be tried again - no appeal
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
reverse engineer - go through garbage..
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership


48. What is not copyrightable?
hours of employment - conditions - age of workers
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
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
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


49. Americans with disabilities act accomplishes what?
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright


50. What protection does the 8th amendment provide?
prohibits excessive bail and fines - cruel and unusual punishment
No - they are considered to be goods and is governed by the uniform commercial code
finder after obtaining a title
multiple owners of real or personal property