Brand Name Drug Company sues Generic Drug Company for patent infringement. Brand Name Drug Company will lose this lawsuit if:

• A.Generic Drug Company was not aware of Brand Name Drug Company's patent
• B.Brand Name Drug Company's patent is expired
• C.either of the above
• D.neither of the above

Myles Popcorn allows only three employees to have access to its recipes. One of those employees, Garrett, saves those recipes to a USB drive and sends them to his personal email account after he is fired. Myles is most likely to sue Garrett for:

• A.patent infringement
• B.copyright infringement
• C.trademark infringement
• D.misappropriation of a trade secret

Terry Rose is a big fan of the movie "Scary" and starts selling merchandise with a "Scary Terry" drawing of himself in his sports uniform while wearing a mask similar to the famous mask worn in the "Scary" movie. The Sports News Network runs a story about Costume World's lawsuit against Terry Rose for his use of the "Scary" mask on the merchandise. In class, a professor shares the Sports News Network's story, which includes video clips of broadcasts of games with Rose as well as pictures of the "Scary" mask and "Scary Terry" merchandise. This professor is most likely liable for:

• A.appropriation of identity
• B.copyright infringement
• C.both of the above
• D.none of the above

Leo is currently a professional basketball player known as "The Hand" because of the way he is able to steal the ball with his huge hands. While Leo was in college, he drew a picture of his hand along with his jersey number to potentially use as a logo on sports merchandise. After Leo became a professional basketball player, he signed an endorsement deal with The Shoe Company that granted The Shoe Company permission to use its own modified version of "The Hand" logo to sell its sports merchandise. The Shoe Company's modified version is significantly different than Leo's original drawing. Based on The Shoe Company's use of its own modified version of "The Hand" logo, Leo is most likely to win a lawsuit against The Shoe Company for:

• A.appropriation of identity
• B.trademark infringement
• C.copyright infringement
• D.none of the above

Big Dog Tractors is a market leader in the tractor industry that is famous for its green and yellow tractors. Copy Cat Tractors is a new entrant into the tractor market that begins selling similar-looking green and yellow tractors. Copy Cat's sale of green and yellow tractors is most likely to be a violation of Big Dog's intellectual property rights in its:

• A.copyright
• B.trademark
• C.trade secret
• D.patent

The Team and the Rooftops enter into a licensing agreement in which the Team grants permission to the Rooftops to charge customers to watch the Team's games at the Field in exchange for a share of the revenues. The Rooftops sue the Team for breach of contract after the Team constructs a video board that blocks their view of the games. The court rules in favor of the Team because the agreement unambiguously states that "any expansion of the Field approved by governmental authorities shall not be a violation of this agreement." The court's ruling is based on:

• A.testimony of witnesses about the negotiations of the agreement
• B.parol evidence
• C.extrinsic evidence
• D.the plain meaning rule

The Rooftops own property across the street from the Field where the Team plays professional baseball games. The Rooftops run a business charging customers to watch the Team's games, which can be openly viewed from the Rooftops property. The views of these games from the Rooftops property are most likely legally protected:

• A.trademarks of the Team
• B.copyrighted property of the Team
• C.both of the above
• D.neither of the above

Sunny enters into a contract with Trey to act as his personal sports trainer. If a dispute later arises about the meaning of the contract's terms, the rules of contract interpretation will give effect to:

• A.the parties' intent as expressed in their contract
• B.what the promisor claims was the parties' intent
• C.what the promisee claims was the parties' intent
• D.what the parties now agree they intended

Denny alleges that Peggy has violated the terms of an agreement to not disclose the existence of their romantic relationship. In response, Peggy argues that the agreement is not enforceable because Denny never signed it. A contract that is not in signed written form:

• A.is generally enforceable unless a statute of frauds applies
• B.is always enforceable
• C.is likely enforceable even if the parties intended that both of their signatures were required
• D.is never enforceable

On Monday, Percy offers to sell Thomas his textbook. On Tuesday, Percy mails a revocation of his offer that is received by Thomas on Thursday. On Wednesday, Thomas mails an acceptance of Percy's offer that is received by Percy on Friday. Based on this sequence of events:

• A.Percy's offer is revoked when he mails the revocation on Tuesday
• B.Percy's offer is accepted when Thomas mails the acceptance on Wednesday
• C.Percy's offer is revoked when Thomas receives the revocation on Thursday
• D.Percy's offer is accepted when he receives Thomas's acceptance on Friday

Lewis offers to make digital copies of Motivational Sales Company's business conference videotapes, CDs, DVDs, and other media for $500. Under the mailbox rule and the UETA, Motivational Sales' acceptance by e-mail will be considered effective when:

• A.received
• B.sent
• C.followed up by a confirmation letter sent by regular mail
• D.composed on a Motivational Sales computer