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BLAW Exam 4 Questions And Accurate Answers Latest Update
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BLAW Exam 4 Questions And Accurate AnswersLatest Update
Under the theory of negligence, the duty of care requires an intentional act.
a. True
b. False - Answer false
An applicant cannot register a trademark on the basis of an intention to use the mark in
commerce.
a. True
b. False - Answer false, this is actually required
The degree of care to be exercised in a situation can vary with a person's profession or
occupation.
a. True
b. False - Answer true
Patent protection begins on the date that a patent is issued.
a. True
b. False - Answer b. False, begins on date application is filed
A defense available in an action based on a negligence theory is that the plaintiff failed
to prove one or more of the required elements.
a. True
b. False - Answer a. True
A person may reproduce copyrighted material, including multiple copies, for teaching
,purposes, including classroom use, without paying royalties.
a. True
b. False - Answer a. True, the fair use exception
There are three broad classifications of torts: intentional torts, unintentional torts, and
accidental torts.
a. True
b. False - Answer b. False, only 2: intentional torts and negligence
A license allows use of another's IP for specific uses or purposes.
a. True
b. False - Answer a. True
The First Amendment's guarantee of freedom of speech limits emotional distress claims
when the outrageous conduct consists of speech about a public figure.
a. True
b. False - Answer a. True
Under the "fair use" doctrine, an exception to liability for copyright infringement is
made.
a. True
b. False - Answer true
Specific targeting of the customers of a competitor so as to affect the
business/customer relationship is always a legitimate business practice.
a. True
b. False - Answer b. False
An ordinary person standard determines whether allegedly negligent conduct resulted
, in a breach of the duty of care.
a. True
b. False - Answer b. False, reasonable person standard determines this
A service mark distinguishes products used by those in public service.
a. True
b. False - Answer b. False, it distinguishes services from goods
Proximate cause exists when injuries suffered were too remotely connected to an
incident to give rise to liability.
a. True
b. False - Answer b. False
Standard Corporation can NOT claim a trademark in the phrase "Quality is Standard" if
the phrase:
a. Has a secondary meaning
b. Is descriptive
c. Is generic
d. Is catchy - Answer c. Is generic
Jackie distributes a flyer in her neighborhood indicating that one of her neighbors -Ken-
is a sex offender. Which of the following makes the statement defamatory?
a. A neighbor repeats it
b. Ken suffers emotional distress
c. The statement is true
d. The statement is false Answer d. The statement is false
Driving his RV negligently, Walt crashes into a streetlight. The streetlight falls, smashing
through the roof of a house, killing Jesse. But for Walt's negligence, Jesse would not
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