Trademark: Assures the consumer of an expected quality of goods. Registration gives
nationwide rights to the owner. Have to re-register every 10 years, but so long as you
do, it belongs to you in perpetuity.
Service Mark: Trademark used to distinguish a service instead of a thing.
Trade Dress: Characteristics of the visual appearance of a product or its packaging (or
even the design of a building) that signify the source of the product to consumers.
Give this one a try later!
Trademarks, Service Marks, & Trade Dresses
Any of the four elements, including negligence, and proximate/intervening cause.
Give this one a try later!
, Tort Law Defenses
Involves ordinary interactions, not involving the government.
1. Duty - To whom do you have a duty?
2. Breach - the reasonable person standard.
3. Causation - The breach must be the proximate cause of the harm. Was the damage
resulting direct enough to warrant holding the person liable?
4. Damages - Requires showing of actual damage. Pain and suffering does count as
actual, but you will have to make some objective showing it exists.
Give this one a try later!
Torts Law
Prohibit contracts "in restraint of trade," and make it a felony to "monopolize or
attempt to monopolize any part of commerce among States or with foreign nations."
Types of violations: Price fixing, "carving-up" territories, predatory pricing, price
discrimination, "tying" arrangements, mergers, exclusive-dealing contracts,
manufacturer dictating the price a distributor must charge (setting a max = okay).
Give this one a try later!
Sherman and Clayton Acts
The basic law is employment at will. An agency relationship - principal and agent
(control).
Duties of Employee: 1. Performance with reasonable diligence
and skill; 2. Obedience, but if you can't figure out what the order is, generally enough
to act in good faith; 3. Notification -employee knows employer is in process of buying
, a business and learns that the target is insolvent - a duty to warn; 4. Loyalty - the
agent has a duty to act solely for the benefit of his principal, and is supposed to keep
sensitive information silent (this can include wages); 5. Accounting of funds (including
gifts).
Duties of Employer: 1. Compensation (or usual compensation); 2. Reimbursement and
indemnification; 3. Cooperation; 4. Safe working conditions; 5. Compliance with the
many forms of social legislation, especially unemployment, wage and hour laws, etc.
Give this one a try later!
Employment Law
1. Does the regulation or law discriminate?
2. If so, how?
3. How big is the burden?
4. Is a legitimate (compelling) public interest being protected that cannot be
otherwise adequately served by nondiscriminatory alternatives?
(Applies anytime the Constitution is in play).
Give this one a try later!
Commerce Clause Test
Gives Congress the power to regulate commerce between the states and with foreign
countries. Courts through caselaw have extended this to commerce inside states that
affects interstate commerce.
Wickard v. Filburn - Increased the power of the federal government to regulate
economic activity. Filburn's production of more wheat than he was allotted was
affecting interstate commerce.
Give this one a try later!
nationwide rights to the owner. Have to re-register every 10 years, but so long as you
do, it belongs to you in perpetuity.
Service Mark: Trademark used to distinguish a service instead of a thing.
Trade Dress: Characteristics of the visual appearance of a product or its packaging (or
even the design of a building) that signify the source of the product to consumers.
Give this one a try later!
Trademarks, Service Marks, & Trade Dresses
Any of the four elements, including negligence, and proximate/intervening cause.
Give this one a try later!
, Tort Law Defenses
Involves ordinary interactions, not involving the government.
1. Duty - To whom do you have a duty?
2. Breach - the reasonable person standard.
3. Causation - The breach must be the proximate cause of the harm. Was the damage
resulting direct enough to warrant holding the person liable?
4. Damages - Requires showing of actual damage. Pain and suffering does count as
actual, but you will have to make some objective showing it exists.
Give this one a try later!
Torts Law
Prohibit contracts "in restraint of trade," and make it a felony to "monopolize or
attempt to monopolize any part of commerce among States or with foreign nations."
Types of violations: Price fixing, "carving-up" territories, predatory pricing, price
discrimination, "tying" arrangements, mergers, exclusive-dealing contracts,
manufacturer dictating the price a distributor must charge (setting a max = okay).
Give this one a try later!
Sherman and Clayton Acts
The basic law is employment at will. An agency relationship - principal and agent
(control).
Duties of Employee: 1. Performance with reasonable diligence
and skill; 2. Obedience, but if you can't figure out what the order is, generally enough
to act in good faith; 3. Notification -employee knows employer is in process of buying
, a business and learns that the target is insolvent - a duty to warn; 4. Loyalty - the
agent has a duty to act solely for the benefit of his principal, and is supposed to keep
sensitive information silent (this can include wages); 5. Accounting of funds (including
gifts).
Duties of Employer: 1. Compensation (or usual compensation); 2. Reimbursement and
indemnification; 3. Cooperation; 4. Safe working conditions; 5. Compliance with the
many forms of social legislation, especially unemployment, wage and hour laws, etc.
Give this one a try later!
Employment Law
1. Does the regulation or law discriminate?
2. If so, how?
3. How big is the burden?
4. Is a legitimate (compelling) public interest being protected that cannot be
otherwise adequately served by nondiscriminatory alternatives?
(Applies anytime the Constitution is in play).
Give this one a try later!
Commerce Clause Test
Gives Congress the power to regulate commerce between the states and with foreign
countries. Courts through caselaw have extended this to commerce inside states that
affects interstate commerce.
Wickard v. Filburn - Increased the power of the federal government to regulate
economic activity. Filburn's production of more wheat than he was allotted was
affecting interstate commerce.
Give this one a try later!
