{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

Business 207 study guide

Business 207 study guide - Executory not yet Executed...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
FAIR USE 1. Nature of work Fiction or nonfiction? 2. Amount and sustainability % copied, importance 3. Purpose and character Education, critique, satire, commercial 4. Effect on market Will it hurt the original owner? TRADEMARK Proper name, logo, slogan as a representation of a company or product. Law is primarily FEDERAL. Some state activity. EXXON international agreement Creation: file a form with U.S. Trademark Office. Not effective unless sec. meaning exists in minds of market (public). Secondary meaning: Just do it. Swoosh FAILURES OF SEC MEANING Lapse of Secondary Meaning: owner ceases efforts to maintain currency in marketplace. Success as failure: Ziplock bags Dilution: use of mark in ways not associated with particular product or company. CONTRACTS Contract: an agreement about the bargained-for exchange of legal detriment which a court will enforce. Contract: A meeting of the minds about the explicit and conditional promise for a promise of legally recognized value which a court will enforce.
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Background image of page 2
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: Executory- not yet Executed- carried out Bilateral- both make promises Unilateral- lost dog Formal- specific wording Informal- no requirements Express- stated by parties Implied- imputed by law Contract Sequence: 1. FORMING Discuss terms, one makes offer, communicate offer, accept=prima facie contract 2. PERFORMING legal obligation to carry out promises, must be perfect or full; failure=breach of contract. 3. GETTING OUT (optional) unmake or escape contract; last resort. FORMING THE CONTRACT Negotiation and Terms- Offer- identity of parties, actual legal detriment, due date Incorporation by reference: incorporating terms from other documents Referring back: including terms from previous offers Manifest- offeror indication that he wishes to be bound to those terms. Offeree must unequivocally accept offer. If offeree rejects offer, offer is terminated and no contract is formed....
View Full Document

{[ snackBarMessage ]}