Question
1- Kleenex, creator of the long-time and commonly referenced facial tissue, probably will not be able to sue competitors today for trademark infringement if they
1- Kleenex, creator of the long-time and commonly referenced facial tissue, probably will not be able to sue competitors today for trademark infringement if they use "kleenex" on their very similar products.
Group of answer choices
False
True
2- Roxanne is a celebrity. Without her permission, Brave New World, Inc., includes in an advertisement an unflattering drawing that looks like Roxanne but is not her actual photo. This is most likely
Group of answer choices
no tort.
actual malice.
appropriation.
defamation.
3- Brandi leaves a message on her neighbor Mike's phone, asking if he'll trim her tree.Brandi knows Mike is a professional tree trimmer.After trimming the tree, Mike asks for payment, but Brandi, who thought Mike was doing it as a favor, refuses to pay.Mike could likely argue in court that they had
Group of answer choices
a voidable contract.
an implied contract.
a formal contract.
an express contract.
4- Medico Inc. develops a COVID-19 vaccine.Before it's distributed, the US Food and Drug Administration conducts a rigorous premarket approval process, and patients need to sign a form before getting vaccinated.When the vaccine is distributed, thousands of people become sick from it and sue Medico Inc.Medico will probably be found
Group of answer choices
not liable due to preemption
liable due to privity of contract
liable due to assumption of risk
not liable due to commonly known dangers
5- Predictive Data LLC makes and sells software that enables a business to target its advertising precisely. The company could successfully bring an action for copyright infringement against a competitor who copies
Group of answer choices
any of the choices.
the screen displays of the software.
the menus of the software.
the parts of the software that can be read by humans.
6- Kurt litters a lit cigarette from his car window.Kurt is automatically liable for any harms that result from that action.
Group of answer choices
False
True
7- Kanye is interested in buying Taylor's Mercedes.Taylor says, "I won't sell it for less than $40,000."Taylor has made an offer.
Group of answer choices
True
False
8- Carrie's house is beneath the flight path of the city airport.If she wants to sue for harms, she will be most successful in arguing
Group of answer choices
trespass to land
attractive nuisance
invasion of privacy
negligence
9- To succeed in a product liability suit based on strict liability, a plaintiff must prove that the product was defective.
Group of answer choices
True
False
10- Jake's Jelly Company offers to buy a laser printer, with a case of paper and an extra cartridge, from Dunder Office Products, Inc. (DOPI), for $400. Stanley, DOPI's representative, says, "Okay, but no paper and no extra cartridge." Stanley has
Group of answer choices
accepted the offer and made a condition.
made an invitation to negotiate.
expressed an opinion.
rejected the offer and made a counteroffer.
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