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Study Resources (Law)

1. The Supreme Court formulated a four-part test in Central Hudson to determine if commercial speech is constitutionally protected. Which of the following is NOT one of the four factors? a. Is the asserted governmental interest in the regulation substantial? b. Is the regulation no more extensive than necessary to serve the.
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ESSAY QUESTIONS 1. The purpose of the federal antitrust laws is to control private economic power by promoting and encouraging competition. Explain why competition is valued. 2. Billy Bob owns and operates Billy Bob’s Towing and Impounding in Tulsa, Oklahoma. Billy Bob is not the only towing operation in town. Across town,.
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ESSAY QUESTIONS 1. Explain what the term “off-label” means in the context of drugs or medical devices. 2. One of your friends is interested in starting a telemarketing company. She comes to you looking for advice on the FTC’s Telemarketing Sales Rule. What is the scope of Rule and what conduct does.
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a. Business format franchise. b. Uniform business franchise. c. Product and trade name franchise. d. “Cookie cutter” franchise. 2. Which of the following is NOT a factor that the federal Franchise Disclosure Rule requires in order to show a franchise relationship? a. Assistance to or control over the franchisee’s business. b. Use of a trade.
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Essay Questions 1. In 1967, two friends from California designed a sailing surfboard that combined the sports of sailing and surfing. They originally called it a “sailboard. ” They filed for and received a patent, which was assigned to Windsurfing International, Inc. (WSI). In 1968, WSI’s Seattle dealer coined the term.
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Questions 10-15 are based on a continuing fact pattern. 11. GGG has set up a geographic distribution system to promote its products and also to make sure that intrabrand pricing competition is as limited as possible. Will courts uphold such agreements? a. No, geographic limitations are reviewed under a per se standard. b..
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1. True or False: Antitrust laws exist to protect competitors, not competition. a. True. b. False. Questions 2-7 are based on a continuing fact pattern. 2. Dave owns a trash removal and recycling company named Dave’s Trash Heep. He only has one competitor in the trash removal market, Jim, of Jim’s Junkyard Dogs, but.
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True / False Questions State whether the following statements are true or false, and explain why. 1. You have come up with a distinctive and non-functional shape for a container for a new olive oil that you intend to market. You can protect this container design through either design patent or trademark.
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6. Marks that are not inherently distinctive are protected only when they acquire what? a. Arbitrary meaning. b. Primary association. c. Secondary meaning. d. Inherent distinctiveness. 7. The distinctive shape of a Coca-Cola bottle would be an example of which of the following? a. Trade dress. b. Ornamentation. c. A service mark. d. A certification mark. 8. Which of the.
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6. In January, 2003, Karmet Karpets registered the mark “Teenie Genie” for its use on a handheld carpet cleaning machine (a companion product to its full-size Karmet Karpet Genie machine). Over the past two years, several major discount retailers have started carrying the “Teenie Genie,” and the product has become.
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8. The top-selling beer at Country Cowboy’s Saloon is Country Cowboy’s Premium Select. Little known to Country Cowboy’s customers, however, is the fact that the beer is really keg Budweiser pumped into Country Cowboy’s signature bottles and resold to unsuspecting consumers. Budweiser can sue Country Cowboy under state law for.
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5. Cajun King, Inc. is a nation-wide fast food restaurant, with several hundred franchisees. Its standard franchise agreement requires franchisees to purchase only “approved menu items,” and the only approved sugar-sweetened cola is RC Cola. Cajun King neither sells RC Cola to its franchisees nor receives any rate or commission on.
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6. Which federal government entity regulates deceptive or unfair advertising? a. The Federal Bureau of Investigation. b. The Federal Trade Commission. c. The Department of Justice. d. The Department of Commerce. e. The Federal Communication Commission. 7. The FTC Act requires that advertising meet three requirements. Which of the following is NOT one of the three.
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5. Negative statements about a competitor’s products are permitted in comparative advertising provided they are clear, truthful, and non-deceptive. However, use of the competitor’s trademark in such advertising will constitute trademark infringement unless the competitor grants permission for the use or the FTC approves the advertising in advance. 6. Of the.
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TRUE/FALSE QUESTIONS Indicate whether each of the following statements is true or false, and explain why. 1. If a manufacturer believes a retailer does not offer a reasonable return policy to consumers, the manufacturer may refuse to sell to that retailer without violating the federal antitrust laws. 2. It is illegal per se.
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2. It has become increasingly common for plaintiffs to sue the franchisor for negligence arising from injuries suffered on the franchisee’s premises. What factors must a plaintiff show to recover from a franchisor under a negligence theory? 3. Explain why it is important from the franchisee’s perspective that the franchisor-franchisee relationship.
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5. True or False: The FDC Franchise Disclosure Rule doesn’t require the franchisor to file its disclosure with the federal government. a. True. b. False. 6. True or False: Franchisors are generally liable for the torts of their franchisees. a. True. b. False. 7. If a customer is hurt at a franchisee’s parking lot.
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11. Under the reply doctrine, if both contracting parties are merchants, a written confirmation that indicates a contract has been formed and that is signed by the sender will be enforceable against the recipient unless the recipient objects in writing within how many days? a. 10 days. b. 15 business days. c. 15.
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10. “Gray market” goods are defined as: a. Goods that are intended for overseas markets but are instead imported into the United States. b. Goods that bear the same trademark but are not of the same quality. c. Goods that have similar trademarks but are not of the same quality. d. Identical goods where.
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4. Frank Franchisee owns and operates a free-standing donut franchise. The franchisor granted Frank an exclusive donut territory. Things went well and Frank soon had more dough (pun intended) than he knew what to do with. However, the donut franchisor decided to expand its reach and offered new franchises on.
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5. Describe how courts determine the relevant market for purposes of applying the federal antitrust statutes. Also discuss the factors courts consider relevant. 6. National Greeting Cards Inc. is one of three major manufacturers of greeting cards in the United States. National sells and ships its products to more than 22,000.
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1. Under the FTC’s Telemarketing Sales Rule, which of the following is NOT one of the things telemarketers must disclose? a. The total cost of the product. b. The quantity of goods being sold. c. Whether the sale is final or non-refundable. d. The telemarketer must disclose all of the above information. 2. The Telephone.
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4. Emerald Downs Corp. (EDC) manufactures and sells systems for cleaning industrial machinery. Bergdorf Hanston, Inc. (BHI) is a direct competitor of EDC in this industry. EDC had conceived of a process, ultimately called the “dry system,” for cleaning machinery without use of a lubricant or detergent and with the use.
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5. Golf Products, Unlimited (GPU) is a national manufacturer of golf-related products, including instructional videos, golf clubs, bags, and other golfing paraphernalia. GPU wanted to introduce a new product – golf tees that had a micro-chip sensing device that would record the force of the club hitting the ball and.
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True/False Questions State whether each of the following is true or false, and explain why. 1. As part of its franchise agreement, the Floral Delivery Company (FDC) requires its franchisees to sell standard floral arrangements, in designs set forth in FDC catalogues, at prices set by FDC. FDC has discovered that.
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5. Customer Advocate, a national magazine, tested three leading brands of bacon in order to find out which was lowest in nitrates and other suspected carcinogens. It published the results, stating that the bacon “lowest in nitrates” was BestBacon. The report went on to state that the differences between the.
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True / False Questions 1. The Lanham Act provides a cause of action for trademark infringement and for various forms of unfair competition. 2. The FTC monitors both advertising practices and antitrust violations 3. Lack of intent to deceive relieves an advertiser of liability for deceptive advertising under the FTC Act. 4. A consumer.
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