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LA 245 Final Exam Review

by: Frankie Fucci

LA 245 Final Exam Review LA 245

Marketplace > Boston University > Law > LA 245 > LA 245 Final Exam Review
Frankie Fucci
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These notes cover the final exam review, focusing on Randall quizzes on Tenant Law, Contract Law, and Intellectual Property Law
Introduction to Law
David Randall
Study Guide
Law, LA245
50 ?




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This 12 page Study Guide was uploaded by Frankie Fucci on Sunday May 1, 2016. The Study Guide belongs to LA 245 at Boston University taught by David Randall in Spring 2016. Since its upload, it has received 10 views. For similar materials see Introduction to Law in Law at Boston University.


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Date Created: 05/01/16
40 questions for 2 hours Landlord/Tenant Law Quiz 1 Which of these statements is incorrect?  Historically the common law recognized an implied warranty of habitability in residential tenancies  Correct Statements: o What the common law of most states refers to as tenancy at will can be terminated by either party at any time o Landlord can require a tenant at sufferance to vacate at any time o Leases longer than one year must be in writing to be enforceable 1 Which of these statements is incorrect?  Historically the common law required a landlord to repair leased property  Correct Statements: o To take advantage of doctrine of constructive eviction a tenant must generally move out of the leased premises o Assignment/sublet doesn't by itself release a tenant from liability for lease obligation o To exercise a self-help remedy such as rent withholding or repair and deduct, tenant must first ask the landlord to make repairs 1 Which of these statements is correct?  In an action to evict a tenant for non-payment of rent, unless engaged in lawful rent withholding for breach of implied warranty of habitability, the tenant typically has limited defenses Incorrect Statements:  o Landlords generally are not responsible to maintain common areas o The implied warranty of habitability applies only before the tenant moves into the apartment o Implied warranty of habitability can be used to force a landlord to repair items such as broken door buzzers Tim's Lease - Tim Soave has just signed a one-year residential lease beginning the coming June 1 with Urban Properties for a rent of $1,000 per month 1 Time has a:  Month-to-month tenancy 1 In which of these ways can Time or Urban Properties terminate the lease being liable to the other party for breaching the lease?  None of the above  Incorrect answers: o Tim can unilaterally terminate the lease by sending Urban Properties a written 30-day notice to quit o Urban Properties can unilaterally terminate the lease by sending Tim a written 30-day notice to quit o Time can unilaterally assign the lease to his friend and send Urban Properties a letter advising it that Tim no longer is responsible for any lease obligations 1 Which of these statements is correct?  Time can exercise remedies for breach of the implied covenant of habitability if the running water in his apartment often ceases to work  Incorrect Statements: o Urban Properties can increase Tim's rent at any time o Time can extend the term of the lease by sending Urban Properties three-months notice Contract Law Quiz Truman Corporation (“Truman”) and Arcadian Phosphates, Inc. (“API”) were competitors in the  business of mining, processing, and selling phosphates for use in fertilizer.  In June the  respective CEOs of Truman and API signed a four­page “memorandum of understanding”  outlining areas of agreement and deadlines for future action relating to a joint venture between  the two companies.  The memorandum made creation of the joint venture subject to two things:  the approval of the joint venture by Truman's board of directors, and to API’s ability to obtain  financing for the joint venture. In November, after Truman’s board approved the terms and API’s lender agreed to finance the  proposed venture, Truman and API signed another memorandum that referred to the June and  November memoranda together as an "agreement."  It specified the parties’ agreements  regarding the purchase price Truman would pay for API’s phosphates factory, other assets to be  purchased in addition to the factory, the timing and amounts of joint venture payments, Truman’s acquisition of 20% ownership of API, and a closing date not later than the following May.  The  November agreement made all of its terms subject to the approval of Truman’s and API’s  respective boards. Other provisions of the November agreement were less definite. It described one item of  payment as "a note secured to Truman's satisfaction," and stated that whether to add additional  equity participants to the proposed joint venture was "subject to mutual agreement." The  November agreement provided that if negotiations for the joint venture failed and the parties  were unable to complete the formation of the joint venture, then Truman would repay API for  certain costs that API incurred in reliance on the negotiations.  It also provided that if  negotiations failed and the parties were unable to agree to a valid contract  through no fault of  API, then Truman would refund API's deposit.  The November agreement stated that the parties  would negotiate and agree to certain other contracts necessary to implement the joint venture  before December 31.   Finally, it required both parties "to cooperate fully and work judiciously  in order to expedite the closing date and consummate the sale of the business." A few weeks later the Truman board unanimously approved what Truman's CEO referred to as  the "proposed agreement."  The parties then acted in ways that anticipated the creation of the  joint venture: API built offices at Truman headquarters at a cost to API of $50,000; Truman obtained lenders' consents to the joint venture; Truman introduced API’s CEO and CFO to one supplier as "new owners"; and Truman and API together began negotiating  contracts on behalf of API. Between late November and the following February the price of phosphates increased  dramatically, jumping 25% in one four­week period and continuing to climb more slowly  thereafter.  In late February Truman’s board met and decided that it would only go forward with  the joint venture if it could acquire 50% ownership of API instead of 20%.  API refused and  insisted that Truman consummate the joint venture on the terms contained in the November  agreement.   1 Refer to the API narrative. If API sued Truman for breach of contract for failing to comply with the terms of the November agreement, which of the following would provide Truman the most effective response to API’s lawsuit?  The November agreement constituted a non-binding letter of intent because it required the API and Truman to complete other contracts necessary for the creation and operation of the JV, and because it expressly contemplated that the negotiations might not be successful 1 Refer to the API narrative. Which of these is not part of the consideration for the contract given by either Truman or API?  The November agreement's requirement that the JV as subject to approval of the respective boards of Truman and API 1 Refer to the API narrative. If a court hearing API’s claim for breach of contract held that the November agreement was not a valid contract, then which of these would provide API the best chance of success on the facts?  Promissory estoppel, based on API's incurring the expense of building an office as Truman's HQ in reliance on the November agreement and Truman's promise to repay certain costs of API 1 Refer to the API narrative. Which of these does not help prove that Truman and API had the intent necessary to establish agreement?  That Truman agreed to repay certain costs incurred by API if their negotiations failed 1 Peter Stravinski and Michael Kelton formed a general partnership called Warehouse Development Company for the purpose of developing warehouses in California. Stravinski and Kelton agreed in writing that notwithstanding the existence of their warehouse-development partnership, each partner could engage in other real estate activities that might be competitive with their partnership, except for the development of warehouses. In other words each could develop office buildings, shopping malls, or other real estate projects, but not warehouses, without including the other. Under California law covenants not to compete are void, except in two situations: first, where a person sells the goodwill of a business and agrees not to compete with the buyer for some period of time, and second where a partner, in connection with the termination of a partnership, agrees not to compete with another partner for some period of time after the partnership is terminated. The partnership developed some warehouse properties that Stravinski and Kelton owned 50%/50%. Stravinski also developed some warehouse properties on his own in which Kelton had no interest. Kelton sued Stravinski to enforce their partnership agreement with respect to Stravinski’s solo projects, i.e. to compel Stravinski to give 50% of his interest in those projects to Kelton. Should the court decide in favor of Kelton?  No. The partnership's non-compete clause violates California law 1 Sajona, Inc. ordered $5,000 worth of Christmas decorations from Santa, Inc. The shipment  of decorations was to arrive no later than October 1, in time for the Christmas season. The  shipment did not arrive until December 1. In spite of the delay, Sajona covered a third of  the order through other suppliers, but had to pay 15% more than the price under contract  with Santa, Inc. As a further result of the delay, Sajona' sales were down 25%. Sajona can  likely recover from Santa, Inc.:  Compensatory damages, courts do not routinely award consequential damages for  beaches of contract. Difficult to prove the elements necessary to award them, and most  commercial contracts explicitly exclude them   1 Sajona, Inc. substantially performed its obligations under its contract with Tollers LTD. Sajona is entitled to receive:  The full contract price minus the value of the defects or shortcomings in its performance 1 Oxtron, Inc. mailed the following to 1,000 of its customers: Beer Dispensers:  2008 PRICE LIST SBC­500J $670.00 True TDD­1 $875.00 True TDD­2 $1,465.00 True TDD­3 $1,515.00 CO2 Tank and Regulator $150.00 Which statement is correct?  Oxtron's mailing is not an offer, just a price list. It contains nothing that shows Oxtron's  intent to treat it as an offer to sell anything   1 During periods of falling stock prices and economic downturns charities and institutions find that many wealthy individuals break promises to make substantial charitable donations. If a charity sued a person for breaking an oral promise to make a substantial donation, what should be the result?  The court should hold in favor of the person who failed to make the gift because a promise to make a gift is generally not enforceable 1 Generally, a minor delay in the performance of a contract is not a breach unless the contract has a:  Time is of the essence clause 1 Attorney Lenny Rayzeppa enters into an agreement with Delores Flounce that his fees will be a percentage of the alimony (support payments from her former husband) Lenny obtains for Delores in her divorce proceeding. A state law prohibits lawyers from receiving contingency fees in divorce actions. Following the divorce Delores refuses to pay Lenny’s fee. What will be the probable outcome if Lenny attempts to enforce the agreement?  The contract will be void as violating a statue. Lenny will not be able to recover anything The Guthrie Clinic was a for-profit provider of medical services. The Guthrie Clinic obtained medical malpractice insurance from Traveler’s Insurance Company. After the Clinic obtained this policy Traveler’s unilaterally made material changes to it. The effect of these changes was both to limit the definition of malpractice that the policy covered and to reduce the amount of coverage for any specific incident of malpractice. Traveler’s never informed The Guthrie Clinic of these changes. The Guthrie Clinic continued to pay all of the premiums required to keep this policy in effect. A few years after Traveler’s made these changes a patient sued Guthrie Clinic for malpractice. The Guthrie Clinic believed the incident was covered by its malpractice policy and notified Traveler’s of the claim. Traveler’s refused to pay the claim because as a result of the changes the policy no longer covered such a claim. The Guthrie Clinic was shocked to learn that Traveler’s had made such material changes to the policy without notifying the Clinic. The Guthrie Clinic sued Traveler’s for its refusal to cover this malpractice claim. 1 Refer to the Guthrie Clinic narrative. On the facts of the narrative which of these theories provides Guthrie Clinic with the best chance of success in its lawsuit?  Fraud, for Traveler's international failure to inform The Guthrie Clinic of the material changes in the policy 1 Refer to the Guthrie Clinic narrative. Assume for this question that after Traveler’s changed the policy but before the occurrence of the incident that gave rise to the malpractice claim, the Guthrie Clinic had discovered the changes to the policy on its own, without Traveler’s informing the Clinic of the changes. This assumption would be relevant to--  Prove that Guthrie did not rely on Traveler's silence 1 Vicki entered into a written contract to buy a car from Valley Motors. The written contract included a provision that stated, "This writing is the full and final expression of the parties' agreement, and that anything said before signing or while signing is irrelevant." This is:  An integration clause 1 Which of these statements is true?  The UCC's "battle of the forms" provision changes the common law's mirror- image rule  Incorrect statements: o When Chester asks Vinnie if he wishes to sell his Harley motorcycle, he replies that he would not sell it "for less than $2,000." Chester replies, " I accept," and hands him $2,000. A contract exists. o Vern’s Valve Company makes valves for plumbing fixtures. At the beginning of the year, it sends out a price list addressed "To our valued customers." Hank’s Hardware orders a variety of valves at the prices quoted on the price list. Vern’s Valve must sell the valves to Hank’s for the prices quoted on the list. o On Monday, Harry puts an offer in the mail to Sally to sell his guitar for $50. Monday night when jamming with his buddies, he decides he will really miss his old guitar and has second thoughts about selling it. Tuesday morning he puts a revocation in the mail informing Sally he has changed his mind and the guitar is no longer for sale. The revocation is effective upon dispatch. 1 Jack mails an offer to Joan that states, "I offer to sell you my car for $2,000. If I don't hear from you in 10 days, I will assume you are willing to buy the car for the stated price." Jack hears nothing by the deadline and assumes he has a deal. What is the result?  Joan is not bound. Generally an offeree must say or do something to accept an offer 1 Because he was able to buy them cheaper from someone else Tom breaches his contract with Neil to purchase 500 pairs of socks for $2.50 a pair. Neil is able to sell the 500 pairs to Ellen for $1.50 a pair. Neil sues Tom for damages. Neil should be able to recover [Note: the dollar values are the result of the bracketed calculations.]:  $500.00 [($2.50 - $1.50) * 500] o Recover the differences between what he could have gotten and what he did get 1 If the breaching party corrects a minor, non-material breach of contract, then the non-breaching party:  Must resume performance of her contractual duties   In the early 1960s, Veronica Bennett, her sister, and their cousin formed a singing group known  as "The Ronettes." They met Phil Spector, a music producer and composer, in 1963 and signed a  five­year "personal services" music recording contract with Spector's production company,  Philles Records, Inc. The Ronettes agreed to perform exclusively for Philles Records and in  exchange, Philles Records acquired an ownership right to the recordings of the Ronettes' musical performances.  The agreement also set forth a royalty schedule to compensate The Ronettes for  their services. After signing with Philles Records, The Ronettes received a single collective cash  advance of  $15,000.  The Ronettes recorded several dozen songs for Philles Records, including "Be My Baby," which  sold over a million copies and topped the music charts. Despite their popularity, the group  disbanded in 1967 and Philles Records eventually went out of business. Other than their initial  advance, The Ronettes received no royalty payments from Philles Records.  In the mid­1980s Phil Spector reissued The Ronettes’ songs using new recording technologies,  and also licensed The Ronettes’ songs for use in movie and television productions.  Phil Spector  earned considerable compensation from such licensing and sales, but paid no royalties to any of  The Ronettes. In 1987 The Ronettes filed a breach of contract lawsuit against Spector and Philles Records,  alleging that the 1963 agreement did not provide Philles Records with the right to license the  master recordings for redistribution via new technologies and in movies. The relevant clause of The Ronettes’ contract provided as follows: "All recordings made hereunder and all records and reproductions made therefrom shall be  entirely Philles' property, free of any claims whatsoever by The Ronettes. Philles shall have the  right to make phonograph records, tape recordings or other reproductions of the performances  embodied in such recordings by any method now or hereafter known."   1 Refer to the Ronettes narrative Assume that the court would not allow The Ronettes to testify about the meaning of the contract’s terms, and what they thought they meant at the time they signed the contract. Instead, the court ruled that the contract’s terms were clear and unambiguous, and did not require other testimony as to their meaning. What would be the basis for the court’s ruling?  The parol evidence rule 1 Refer to the Ronettes narrative. If a court were to rule in favor of The Ronettes on the grounds that they were not represented by a lawyer when they signed the contract with Phil Spector and Philles Records, that they were unsophisticated with regard to business matters and the ways of the recording industry, and that the $15,000 compensation they received from the contract was grossly unfair compared to what Philles Records and Spector received from it, which of the following legal theories would best support the court’s decision?  Unconscionability  Incorrect responses: o Lack of capacity/illegality for violation of public policy/Statue of Frauds 1 Jerry is walking down the street, snow shovel over his shoulder, after a heavy snow fall.   Jerry sees Ben standing on his porch staring at the snow drifts across his driveway.  Jerry  offers to shovel the snow from Ben's driveway for $25. Ben replies "You have a deal.  Let  me know when you are finished and I’ll pay you.." This is an example of:  An express, bilateral contract o Not every problem that contains a snow shovel involves a unilateral contract   1 Wally owns 2,000 acres of farm land in a rectangle measuring 40 acres by 50 acres. This means that the perimeter 180 acres of Wally’s land abut neighboring land and the interior acreage abuts only land that Wally owns. Wally offers to sell all 2,000 acres to Robert, an abutter, for $500 per acre. Robert replies that he does not want 2,000 acres of land, but that he would like to buy 40 acres adjacent to his existing property. Wally replies that if is going to sell less than 40 acres, he must get at least $900 an acre. Robert offers to pay $750/acre for 40 acres. After haggling over the price Wally agrees to sell 40 acres to Robert at $825/acre, and they sign an agreement with these terms. The agreement states the purchased land will be adjacent to Robert’s property but is otherwise silent as to which 40 acres Wally is to convey to Robert. On the closing date Wally delivers to Robert a deed for 39 interior acres and one acre that is adjacent to Robert’s land. Robert refuses to accept this deed, sues Wally for breach of contract, and asks the court to order Wally to sell him a 5 by 8 acre rectangle, with an eight-acre side abutting Robert’s land. What should be the result?  Wally wins. This agreement is too indefinite for a court to enforce because it does not specify which 40 acres Wally is to sell to Robert 1 Under a contract for the sale of land, the Statute of Frauds:  Requires the defendant to sign the contract 1 A contract clause which specifies the amount of damages to be paid in the event of a breach is called:  A liquidated damages clause One January morning Eric Bescher, an elite-level United Airlines frequent flier from Los Angeles, visited United's Web site to search for a low fare to Europe in March. The deal he found was a lot better than he'd bargained for -- the round-trip fare from Los Angeles to Paris was just $27.98. Bescher immediately realized “this was too good to be true” and booked four round-trip tickets at this price. Mr. Bescher wasn't alone in his good fortune. United Airlines inadvertently sold 143 tickets to destinations such as Hong Kong at really rock bottom prices via its Web site during a 55-minute period on that January morning. A computer mistake canceled the fare on a number of international flights so that the amounts shown reflected only a portion of the taxes and miscellaneous fees. The airline refused to honor any tickets sold at those prices. As soon as it discovered the error, i.e., within minutes after it posted the correct prices, United contacted customers to advise them of the correct fare and to offer to waive cancellation fees should customers wish to cancel their tickets and not pay the difference between the posted and correct fares. 1 Refer to the United Airlines narrative. These facts raise a question of-  Intent 1 Refer to the United Airlines narrative. If the customers sue United Airlines to attempt to force United to let them fly at the below-market prices, which of these best fits the facts?  Promissory estoppel 1 Refer to the United Airlines narrative. United’s best defense to a lawsuit brought by consumers attempting to force United to honor the below-market prices would be that-  These consumer knew or should have known that the quoted ticket prices were a mistake 1 Miles purchased a new lawnmower for $250 with an attached warning that said "The manufacturer is not responsible in the case of any injury caused by the lawnmower, no matter the cause." The first time Miles used the lawnmower the blade came off and seriously injured his leg. If Miles sues the lawnmower manufacturer he will most likely:  Win, as this attempted to limit the manufacturer's liability for mire than just ordinary negligence, an exculpatory clause that waives lability for anything more than ordinary negligence is invalid. "Injury caused by the lawnmower, no matter the cause" would include gross negligence and intentional harm 1 Shelly offers to sell Jane next Thursday two Apple iBooks for $400 total that both Shelly and Jane know are stolen. Jane accepts the offer and agrees to pay Shelly for the iBooks when Shelly delivers them next Thursday. When next Thursday comes Jane refuses to accept or pay for the iBooks. If Shelly sues Jane for breach of contract, what should be the result?  Jane should win as the agreement does not have a legal purpose, creates no contractual obligations, and is void o Both Shelly and Jane know they are agreeing to the purchase and sale of stolen property. "Stolen" = illegal, and the agreement lacks one of the elements required to make a valid contract 1 Harry agreed to pay $100 to rent a rooftop spot in downtown Seattle to watch the New Year Eve festivities. The festivities were unexpectedly canceled because of concern over a terrorist attack. Harry is:  Not obligated to pay under the frustration of purpose doctrine 1 HEM Pharmaceuticals developed Ampligen, a new drug for the treatment of Chronic Fatigue Syndrome (CFS). HEM sought volunteers suffering from CFS to engage in a double-blind clinical trial of Ampligen’s effectiveness by promising “if you participate in our clinical trial and if the trial shows Ampligen to be effective, we will provide you with one year’s supply of Ampligen for free.” 92 volunteers responded by participating in the clinical trial, which proved Ampligen to be effective in treating CFS. After the clinical trial HEM failed to provide the volunteers with a year’s supply of Ampligen. The volunteers sued to receive the promised supply of Ampligen. Which of these statements is correct?  This is a valid and enforceable unilateral contract o Consideration is condiered when the contrct is formed 1 Suzen Johnson sued The Globe tabloid newspaper, claiming she was entitled to a share of the millions of dollars allegedly made by The Globe in connection with articles it wrote about Johnson’s afternoon affair with sportscaster Frank Gifford. The Globe paid Johnson $50,000 to have a sexual encounter with Gifford. She was successful, and The Globe wrote about the “sizzling sex session” in descriptive detail. The story brought, embarrassment to Gifford and his wife, talk show host Kathi Lee Gifford, notoriety to Johnson, and tremendous newspaper sales to The Globe. Johnson sued to enforce contract provisions that required The Globe to pay her royalties based on newspaper sales. On these facts a court should-  Find the agreement to be void if state law makes prostitution illegal, because paying a person to have a sexual relationship with another violates public policy 1 When Myrtle comes home from work one evening she finds that her lawn has been mowed. Shortly thereafter a man comes to collect for mowing the lawn. Myrtle refuses to pay for the work since she has never seen the man before and did not ask him to do her yard work. Which of the following answers is most accurate?  Myrtle should not have to pay for the yard work because there was not contract to perform it and the law should not provide remedy for those who perform such unsolicited work o These facts do NOT support a claim for quasi-contract. When the stranger mowed her lawn Myrtle did not know that he expected to be paid for the benefit he provided, because she did not even know she was receiving a benefit. It would be unfair to require her to pay for this totally unsolicited work. 1 In breach of the partnership agreement, Trimble, a partner in the partnership of Morris, Newt, Trimble, and Oppie, Ltd., quits the partnership and goes to work for a competitor. The former partners may ask the court for:  An injunction to prevent Trimble from working in competition with the former partners 1 Which of these statements is incorrect?  Isaiah orally agreed to purchase Harry's house. This contract is illegal because of the Statue of Frauds o JUST not enforceable  Correct Statements: o Frankel, Inc. and Baskins Co. entered into an oral agreement for the sale of 3,000 sweaters. Both parties performed as required under the contract. Frankel delivered the sweaters and Gangl accepted and paid for them. Since the contract is fully executed, it makes no difference that it was oral. o Raymond sells Sandra an easement for $10,000, granting her the build a driveway across a portion of his property to provide access to here house. This contract must be in writing to be enforceable. o Contracts that cannot be performed within one year must be in writing to be enforceable under the Statute of Frauds. Intellectual Property Law Quiz 1 The requirements for a patent include all the following except:  The invention DOES NOT have to be practical 1 Which of the following is an example of a certification mark?  International Ladies Garment Workers Union: Union Made  Not Certification Marks: o Nike, Accenture, Multiple Listing Service 1 Which of the following is not a benefit of federal trademark registration?  DOES NOT preempt all state trademark laws  Benefits of registration: o Allowed a plaintiff trademark holder to sue for higher damages than if the mark was not registered o After five years, the mark becomes almost impossible to challenge o Makes the mark valid nationally 1 Which of the following companies could not file a lawsuit under the Federal Trademark Dilution Act?  Four Corners Pizza, a one-store restaurant, against a new pizza restaurant located across the street named "Fore Corners: Pizza"  Could file lawsuit: o Coca-Cola, against porn website that used "Free Coke" in connection with Internet promotion o Apple Computers, against a small seafood restaurant serving dish it calls the "iCod Platter" o Honda, against a rival car dealer using this advertising slogan: "Not Fonda Honda? Want a fun day? Buy a Hyundai" 1 David, a beloved college professor, makes 30 photocopies of a portion of a law review article written by Duncan Tank about copyright infringement and gives one to each of his students. The article David copied is two pages long, and the law review article from which he copied it is 150 pages long. He instructs the students to read the article and write an opinion paper about it. If Duncan Tank sues him, should David be held liable for copyright infringement?  Probably not. David should be able to defend his infringement as fair use because he used a small portion of the article and used it for academics 1 Three of the following are former trademarks that have passed into generic usage and no longer identify the source of the good to which they once applied. Which is not?  Roller Blades  Which are: o Zipper, Linoleum, Nylon 1 Trade secret lasts for:  As long as it is kept confidential 1 Michael Kremer was dissatisfied with the hair restoration services provided to him by the Bosley Medical Institute, Inc. To get even Kremer started a website at which was uncomplimentary of the Bosley Medical Institute. “Bosley Medical” is the registered trademark of the Bosley Medical Institute, Inc., which brought suit against Kremer for trademark infringement Kremer earns no revenue from the website and no goods or services are sold on the website. There are no links to any of Bosley’s competitors’ websites. Which of these statements best describes the law relevant to Bosley Medical Institute’s trademark infringement claim against Kremer?  Kremer is probably not liable to Bosley Medical Institute for trademark infringement because Kremer is not using Bosley's trademark in connect with the sale of any goods or services  Incorrect resonses: o Kremer is probably not liable to Bosley because domain names are not covered by federal trademark law o Kremer is probably not liable to Bosley Medical for trademark infringement because unauthorized use of trademark is unlawful, regardless of whether that use is in connection with the sale of goods or services o Kremer is probably liable to Bosley Medical for trademark infringement but Bosley's remedies would be limited to an injunction requiring Kremer to turn over the site to Bosley because Kremer did not use Bosley's mark in commerce 1 Jane wrote a poem in 2001 and registered its copyright in accordance with the Copyright Act. Josh performed Jane's poem without permission at a poetry slam. In order for Jane to collect money damages from Josh, she must prove in court that the work he performed is identical to her and that:  Her work was original or Josh either copied it or had access to it 1 Which of the following could, by itself, be registered as a trademark?  Sammy's Salty Peanuts - modifies generic term with surname o Not inherently distinctive but if acquired secondary meaning through use, it could then be registered as a trademark


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