ch8 - Ch.8 Quiz Instructions Please read the questions...

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Ch.8 Quiz Instructions Please read the questions carefully. This assessment is worth 100 points. 1. Descriptive trademarks cannot be registered on the Principal Register. (5 points) True False 2. Under the Restatement's fault requirement for injurious falsehood cases, the plaintiff must prove that the defendant possessed ill will or spite motives toward the plaintiff. (5 points) True False 3. If the plaintiff and another party have an existing contract and the defendant negligently interferes with that other party's performance of the contract, the defendant usually will not be liable to the plaintiff. (5 points) True False 4. In a copyright infringement case, the successful plaintiff may recover either the damages sustained by the plaintiff or the profits realized by the defendant, but not both. (5 points) True False 5. A patent granted on September 2, 1997 will be valid for 17 years from that date unless the patent was for an ornamental design. (5 points) True False 6. Copyright infringement did not occur unless the defendant's use created a likelihood of confusion regarding the source or origin of the use. (5 points) True False 7. The general rule on the duration of a copyright is that it lasts for 50 years from the time the copyrighted work was created and fixed in tangible form. (5 points) True False
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8. Customer lists are not patentable but may be subject to trade secret protection. (5 points) True False 9. Patent infringement may occur even if the defendant's use did not involve a literal reproduction of the patented item. (5 points) True False 10. A copyright owner's failure to use a proper copyright notice does not cause her to forfeit copyright protection. (5 points) True False 11. After being drafted by the Indianapolis Dolts (a professional football team), All-Big One Conference offensive tackle Les Holdem contracted with sports agent Harry Shifty to represent him in contract negotiations with the Dolts. Vic Amoral, a sports agent who was in competition with Shifty, later persuaded Holdem to discharge Shifty as his agent and to retain Amoral instead. Amoral then negotiated, on Holdem's behalf, a lucrative contract with the Dolts. For doing so, Amoral was paid handsomely by Holdem under the terms of the Holdem-Amoral agency agreement, though not quite as much as Shifty would have received under the repudiated Holdem- Shifty agency agreement if Shifty had negotiated a similar deal for Holdem with the Dolts. Shifty has sued Amoral for interference with contractual relations. Which of the following, if true, would be Amoral's best argument for avoiding liability? (5 points) a. That he was aiding Holdem by offering a better deal than that agreed to by Shifty and Holdem. b.
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This note was uploaded on 02/28/2012 for the course ACCT 460 taught by Professor Charley during the Spring '12 term at Aachen University of Applied Sciences.

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ch8 - Ch.8 Quiz Instructions Please read the questions...

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