1. Karen Maxwell, a paralegal, had had enough with her co-worker, Rich Sleazebag! At this year's holiday party, Rich came on to Karen by making suggestive comments and inappropriately touching her lower back and leg. Rich's actions persisted for over an hour, despite Karen having very clearly rejected his multiple advances. Karen was so upset about what happened at the party that she decided she needed to teach Rich a lesson. On a Thursday afternoon, when everyone else had left the office, Karen handcuffed Rich to his office furniture so be couldn't leave. Later that night Karen brought her boyfriend, Lin Diesel (Vin Diesel's brother), to the office to give Rich a good talking to. Lin came into Rich's office wearing a black ski mask. Not surprisingly Lin was very upset with Rich and told Rich: "if you ever hit on my girl again, I'll bash your face in!" Three hours later, Karen throws Rich the keys to his handcuffs so that he can get out. Rich was so distraught about what happened that night that on his way home he had a heart attack.

1(a): Does Karen have any claims against Rich? If yes, what are they? Will she prevail? (10 pts)

1(b): Does Rich have any claims against Karen and/or Lin? If yes, what are they? Will he prevail? (5 pts)

2. BMO Inc sells commercial/industrial printers to businesses including creative marketing agencies that need to print high quality marketing materials such brochures, posters, circulars and other collateral for their clients. All-American Creative approaches BMO about potentially purchasing one of BMO's more capable but also expensive printers. All-American's purchasing officer explains to the BMO salesperson that All-American pitches to their clients that All-American only uses machines and supplies made in the United States, and so they would only be interested in buying a printer from BMO if the printer is made in the United States. The BMO salesperson tells the procurement officer: "Yeah, yeah, all of these models are made in Chicago." However, The BMO salesperson knows that different components of their printers are manufactured in China, Vietnam and Brazil; Chicago is where the printers are assembled and finished (e.g. where BMO's logos are placed on the printers, etc.). After making the purchase, All-American sees a "Made in China" mark on the paper feeder trays. Does All-American have a legal claim under tort law? If so, which tort? Will All-American succeed against BMO? Explain your answer. (10 pts)

3. Marcella leaves her car's motor running in neutral and carelessly forgets to set the parking brake when she gets out of her car to buy a pack of gum at a gas station. The car rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall at the site collapses onto a crane, and the crane falls on Harry Potter (he can't use magic in New Jersey), a bystander, who was standing across the street and injures him. Harry sues Marcella.

What claim can Harry bring and what must he prove under that claim to recover damages from Marcella? (10 pts) For full points make sure to analyze each required element ofthe claim!

4. Edgar misses Miami so much that he purchases a pet flamingo to keep in his back yard. He builds a shallow lake with palm trees to replicate the flamingo's natural habitat. After a few happy months, the flamingo escapes into the neighbor's yard. The flamingo peeps into the neighbor's kitchen window. Not having ever seen a flamingo in person before, the neighbor gets very scared and suffers a heart attack. Can the neighbor sue Edgar, and if so, under what legal theory/claim? Will the neighbor win? (5 pts)

5. A disgruntled employee steals a removable disk drive from his boss the day he was fired. He discovered that the removable disk had the following:

1. alistof the Company'scustomers
2. designsandcolor schemefor the Company's productpackaging
3. the Company'sformulafor the special fuel for the product
4. the Company'sbrandsandlogos
5. theartworkused in the Company's marketing campaign

For each item listed above (1-5), state theprotectable intellectual property interestsimplicated for each? (2 pts for each item)

6. For each of the following trademarks (2 pts each):

(a) indicate whether it is a strong mark or a secondary meaning mark, AND

(b) then specify which type of strong mark (fanciful, arbitrary or suggestive) or secondary meaning mark (descriptive, geographic or personal names)

1. Webster's Dictionary
2. Starbucks
3. Versace
4. Shop Rite
5. American Airlines