Business 207 study guide

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

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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.
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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....
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This note was uploaded on 11/21/2011 for the course BUS 207 taught by Professor Perello during the Fall '03 term at Cal Poly.

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

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