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MGMT 311 EXAM 2 2025 | COMPLETE QUESTIONS
AND CORRECT ANSWERS | GRADED A+ | VERIFIED
ANSWERS | JUST RELEASED
According to the Trademark Dilution Revision Act (2006), the plaintiff of a famous mark must prove... ---------CORRECT ANSWER-----------------a. they own a famous mark (nike, apple, etc.) b. defendant has begun using mark that dilutes the famous mark c. gives rise to association d. association is likely to impair the distinctiveness of the famous mark or harm its rep. A trademark can be registered if... ---------CORRECT ANSWER----------------
- It is currently in commerce or
- The applicant intends to put it into commerce within 6 months To register a trademark federally, a person must ---------CORRECT ANSWER-----------------file an application with the U.S. Patent and Trademark Office in Washington, D.C. more expensive protected in every state rather than just one Federally Registered Trademark vs. State Registered trademark --------- CORRECT ANSWER-----------------(R) - fed TM - state
Trademark infringement occurs when... ---------CORRECT ANSWER--------- --------trademark is copied to a SUBSTANTIAL degree or used in its entirery by another, intentionally or unintentionally The best way to get your trademark registered quickly/ at all is by having a ___. ---------CORRECT ANSWER-----------------strong mark Fanciful trademarks ---------CORRECT ANSWER-----------------Involve invented words Ex: Xerox, Kleenex, Google, Qdoba type of strong mark Arbitrary trademarks ---------CORRECT ANSWER-----------------those that use common words in an uncommon way that is non descriptive, such as "Dutch Boy" as a name for a paint. type of strong mark When the media is trying to defend themselves in a case of Intentional infliction of emotional distress, they often refer back to the... --------- CORRECT ANSWER-----------------1st amendment EX: In Hustler v. Jerry Falwell (US 1988) The Court held that parodies of public figures are protected under the First Amendment from intentional infliction of emotional distress claims.
Damages for Libel Defamation ---------CORRECT ANSWER----------------- general damages (unquantifiable) presumed, proof of special damages (quantifiable - proved with invoice) not necessary to recover damages, the plaintiff need not prove that he or she was actually harmed in any specific way as a result of the libelous statement. Damages for Slander (Defamation) ---------CORRECT ANSWER--------------- --Plaintiff must prove he suffered special damages (actual economic or monetary loss) before defendant is liable What is slander per se? ---------CORRECT ANSWER-----------------false statement made by defendant is actionable without proof special damages? an exception to the slander rule 4 types of false statements that are per se slanderous... ---------CORRECT ANSWER-----------------Statement that a person...
- has loathsome, communicable disease EX: aids
- has committed improprieties in their profession or trade EX: accusing banker of embesslement
- has committed or has been imprisoned for a serious crime. (EX; murder, rape)
- an unmarried women is unchaste (she sleeps around) Absolute defense against defamation ---------CORRECT ANSWER------------ -----Truth (Defense against defamation)
What are the two types of privileged speech? ---------CORRECT ANSWER- ----------------1. Absolute
- judicial proceedings
- legislative proceedings EX: lawyer cannot be sued for what they say in court)
- Qualified (conditional)
- made in good faith (reason to believe its true) AND
- made to those with legitimate interest in the communication Public Figure Plaintiffs in a defamation case... ---------CORRECT ANSWER-----------------1. have higher burden in proving defamation
- must prove actual malice What are torts? ---------CORRECT ANSWER-----------------civil wrongs other than breach of contract Damages Available in Tort Actions ---------CORRECT ANSWER--------------- --$$ damages for they wrongs they have allegedly suffered by defendant Tort Classifications ---------CORRECT ANSWER-----------------intentional torts, negligence, strict liability What classification does Assault and Battery fall under? Why? --------- CORRECT ANSWER-----------------Intentional torts against persons (Personal Tort) The ACT of doing so leads to harm
What is false imprisonment? ---------CORRECT ANSWER-----------------the intentional confinement or restraint of another person's activities without justification Barriers/restraints (in relation to false imprisonment) can be ___ OR ___ threats. ___ is NOT enough to be considered false imprisonment --------- CORRECT ANSWER-----------------Physical, Oral moral pressure Plaintiff is person suing another for false imprisonment. Defendant is person accused of false imprisonment. Defense against false imprisonment ---------CORRECT ANSWER------------- ----1. consent
- shoplifters - a merchant can use reasonable force to detain or delay persons suspected of shoplifting and hold them for the police. Generally any detention must be conducted in a reasonable manner and for only a reasonable length of time. What is intentional infliction of emotional distress? ---------CORRECT ANSWER-----------------extreme and outrageous conduct resulting in extreme distress Someone calling a parent and informing them their child is dead (when the caller knows the child is not actually dead) is an example of... --------- CORRECT ANSWER-----------------Intentional infliction of emotional distress
Intentional Infliction of Emotional Distress is ___ to prove. --------- CORRECT ANSWER-----------------difficult Almost impossible to prove in Texas as a stand alone tort. Actual malice ---------CORRECT ANSWER-----------------knowledge of falsity or reckless disregard for the truth Invasion of the right to privacy ---------CORRECT ANSWER-----------------A person has a right to solitude and freedom from prying public eyes 4 acts that qualify as invasion of privacy ---------CORRECT ANSWER-------- ---------1. intrusion into an individual's affairs or seclusion EX: landlord put secret cameras in house
- false light (makes viewers believe things that are not true)
- public disclosure of private facts EX: video of sex life between couple gets leaked
- appropriation of identity without knowledge or compensation EX: Wheel of fortune girl Elements of fraudulent misrepresentation ---------CORRECT ANSWER------ -----------1. A misrepresentation of a material fact or conditions with knowledge that they are false or with reckless disregard for the truth
- An intent to induce another party to rely on the misrepresentation.
- A justifiable reliance on the misrepresentation by the deceived party.
- Damages suffered as a result of that reliance.
- A causal connection between the misrepresentation and the injury suffered.
AND
c. tortfeaser intentionally caused business relationship to end What is predatory behavior (in reference to interference w/ busn. relationship) ---------CORRECT ANSWER-----------------soliciting only those customers who have already shown interest in the similar product or service of a specific competitor. Facts about Texaco v. Pennzoil (US 1987) ---------CORRECT ANSWER----- ------------Plaintiff - Pennzoil Defendant - Texaco Case put wrongful interference with a contractual relationship tort on map because of payout Getty oil was supposed to sell to pennzoil, contract was signed, Texaco interfered and gets Getty to sell to them while knowing of the contract Defense to wrongful interference ---------CORRECT ANSWER-----------------
- Bona fide competitive behavior
- Aggressive marketing and advertising strategies property types ---------CORRECT ANSWER-----------------1. real property - land and all things permanently attached to land EX: house
- personal property - other property EX: boat, jewelry
Trespass to Land occurs when a person, without permission: --------- CORRECT ANSWER-----------------1. Enters onto, above, or below the surface of land that is owned by another.
- Causes anything to enter onto land owned by another.
- Remains on land owned by another or permits anything to remain on it. no harm to land is necessary reasonable intrusion into air space is permitted Establishing Trespass (requirement for trespass tort) ---------CORRECT ANSWER-----------------expressly:
- tell a guest to leave
- post "no trespassing" signs implicitly: anyone on the property to commit an illegal act (trespass is implied) The landowner is liable for harm to a trespasser under: ---------CORRECT ANSWER-----------------1. "reasonable duty" or "duty to not willfully injure" - owner has duty to warn in certain circumstances
- "attractive nuisance" doctrine - young children do not assume the risk if they are attracted to the premises by some object The owner can remove the trespasser from the premises through the use of ___ without being liable for ___ and ___. ---------CORRECT ANSWER---- -------------reasonable force assualt and battery Defense to trespass to land ---------CORRECT ANSWER-----------------a. trespasser enters to assist someone in danger
b.actual damages must be proved to have proximately resulted from the statements about a competitor's products (caused people not to buy) Slander of Title ---------CORRECT ANSWER-----------------a. publication falsely denies or casts doubt on another's legal ownership of property, resulting in financial loss to the property's owner b. someone knowingly publishes an untrue statement about property with the intent of discouraging a third person from dealing with the person slandered When does negligence (unintentional tort) occur? ---------CORRECT ANSWER-----------------someone suffers injury because of another's failure to live up to a required duty of care. reckless and careless, not intended risk must be forseeable Elements of Negligence ---------CORRECT ANSWER-----------------1. Duty
- Breach
- Causation
- cause of action
- proximate cause
- Damages Landowners must exercise reasonable care to protect business invitees from harm, including... ---------CORRECT ANSWER-----------------1) forseeable risk owner knew about
- Risk the owner should have known about
Case examples of duty of landowners for busn. invitees ---------CORRECT ANSWER-----------------Martin v. Wal-mart stores, Inc. *Martin slips and falls in Walmart Liebeck v. McDonalds, Inc. *Old lady gets third degree burns from coffee Obvious Dangers (Duty of Landowners) ---------CORRECT ANSWER-------- ---------- Generally, no duty to warn, but still may be liable for failure to maintain safe premises.
- Exception: may, have duty to warn children. Landowner has a duty to warm licensees of ___ ---------CORRECT ANSWER-----------------known risk Landowner has a duty to not ___ injure a trespasser ---------CORRECT ANSWER-----------------willfully Katko v. Briney (1971) is an example of ---------CORRECT ANSWER--------- --------negligence not wilfullly injuring trespasser *katko trespassed on Briney's land but Briney had booby trap that injured him Duty of Professionals ---------CORRECT ANSWER-----------------a) professionals held to higher standard b) violation of duty of care leads to malpractice
IN TX - social host are not liable Good Samaritan Statute ---------CORRECT ANSWER-----------------persons who provide emergency services to, or rescue, someone in peril cannot be sued for negligence passed primarily to encourage healthcare workers to voluntarily stop and render aid without fear of liability Assumption of Risk ---------CORRECT ANSWER-----------------A defense against negligence that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger. can be expressed by agreement or implied by actions Taylor v. Baseball Club of Seattle is an example of when the ___ defense can be made. ---------CORRECT ANSWER-----------------assumption of risk Superseding Intervening Force ---------CORRECT ANSWER----------------- breaking casual connection defendant argues some other force intervenes/takes priority over what happened to plaintiff Contributory Negligence ---------CORRECT ANSWER-----------------A legal defense that may be raised when the defendant feels that the conduct of the plaintiff somehow contributed to any injuries or damages that were sustained by the plaintiff. If plaintiff is even 1% negligent they lose the case
comparative negligence ---------CORRECT ANSWER-----------------A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person's proportionate negligence. pure form- if the plaintiff was 80 percent at fault and the defendant 20 percent at fault, the plaintiff can recover 20 percent of his or her damages. 50% rule - rule that prevents the plaintiff from recovering any damages if she or he was more than 50 percent at fault. Texas - 50% rule state Strict Liability ---------CORRECT ANSWER-----------------liability without fault the situation is highly risky Fact about Rylands v Fletcher (1868) ---------CORRECT ANSWER------------ -----Brought about Strict Liability in Tort:
- Defendant built Reservoir which broke into shaft of abandoned coal mine then flooding the plaintiff's active mine, defendant did not know of mine but was still liable "If you keep something on your land, that is likely to cause mischief, and the the mischief escapes, you are liable" Abnormally Dangerous Activities ---------CORRECT ANSWER-----------------
- involves a potential degree of serious harm
- involves a high degree of risk that cannot be completely guarded against with the use of reasonable care
- is not commonly performed in the community or area
significance of MacPherson v. Buick Motor Co. (NY 1916) --------- CORRECT ANSWER-----------------1st time in American law that a product leads to negligence In Product liability (based on negligence) case, the plaintiff must prove the defendant had... ---------CORRECT ANSWER-----------------1. a DUTY
- BREACHED that duty
- breach led to CAUSE in fact and proximate
- legal damages occurred Product liability based on misrepresentation ---------CORRECT ANSWER--- --------------a. misrepresentation of a material fact concerning quality, nature or approximate use of the product is made knowingly or with reckless disregard for the truth b. as a result of fraud injury occurs c. the buyer/plaintiff relied on misrepresentation seller lying about the product Examples of Product liability based on misrepresentation ---------CORRECT ANSWER-----------------intentional mislabeling of products or concealments of product defects Strict Product Liability is a... ---------CORRECT ANSWER----------------- product liability case (aka defective product case) based on strict liability public policy justifications for Strict product liability
why hold a maker strictly liable for a defective product? ---------CORRECT ANSWER-----------------1. consumers should be protected against unsafe products
- manufacturers should not escape liability for defective products just because not in privity with injured person AND
- manufacturers and sellers are in better position to bear the cost associated with injuries caused by their products Requirements for Strict Product Liability ---------CORRECT ANSWER-------- ---------1. The product must be in a defective condition when the defendant sells it.
- The defendant must normally be engaged in the business of selling (or otherwise distributing) that product.
- The product must be unreasonably dangerous to the user or consumer because of its defective condition (in most states).
- The plaintiff must incur physical harm to self or property by use or consumption of the product.
- The defective condition must be the proximate cause of the injury or damage.
- The goods must not have been substantially changed from the time the product was sold to the time the injury was sustained. Under the requirements for strict product liability, to prove a defective condition... ---------CORRECT ANSWER-----------------the plaintiff need not show why or in what manner the product became defective. The plaintiff does have to prove that the product was defective at the time it left the hands of the seller or lessor. must also show that this defective condition made the product "unreasonably dangerous" to the user or consumer.
