Final Part 2_Intentional Torts and Civil Law_Eric Ortiz.docx

Many mental health experts will be questioned in

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temporary, debilitating mental disease, or that they are currently, permanently impaired. Many mental health experts will be questioned, in cases of insanity defenses, in order to arm the judge or jury with the most relevant mental health information in regards to the case in demand. As with assault, so with battery, if any of the elements of battery aren’t present, such as the intent to cause harm, denial of the elements of battery can serve as a defense to battery [Lar16]. 4
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Slide 5: Elements of Defamation Defamation is any communication, which the publisher knows to be false, which is published to a third party with the intent of harming or ruining the social reputation of another. There are three key elements to defamation: The defendant must have made a communication which was known beforehand to be false, the defamatory communication must be harmful, and there must be an element of publication to a third party. It is a requirement that a court find that the communication or publication contain a defamation to the point of personal disgrace. Being offended by a defamatory comment isn’t enough to constitute a civil claim [Bro82]. The two main types of defamatory communications are slander and libel. Libel is related to the publication of written or printed words, and slander relates to words spoken aloud. An example of libel can be taken from a man who claims, falsely, that a company’s products cause cancer, and prints that claim in the daily newspaper with the intent on harming a company’s business. The business at hand would be eligible for monetary damages stemming from this defamatory publication. Slide 6: Introduction to Trademarks A trademark is any symbol, word, or group of words which represent a company and a product, and which help to differentiate similar products from one another. While a trademark can be registered with the U.S. Patent and Trademark Office, it is not necessarily a requirement of trademark laws, as the “good will” statute in the U.S. Code states that the first company to use the mark in the marketplace was the first to build up the “good will” with the mark. There are many examples of trademarks in our world today. Coca-Cola has trademarked the shade of red that is present on their products. 5
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John Deere has trademarked the green color that their tractors are known for. McDonald’s golden arches are a great example of a visual trademark [Nei17]. Courts group marks into four distinct categories: Arbitrary or fanciful, suggestive, descriptive, and generic. An arbitrary or fanciful mark is any mark that doesn’t have significant relevance or relation to the product at hand. An example of an arbitrary or fanciful mark is Pepsi’s logo. It’s a creative design that is completely undescriptive of the product being sold, and, as such, is considered arbitrary. A suggestive mark is any mark that is suggestive about particular characteristics of a product, but does not describe the product fully. An example of this is in the name “Microsoft.” While Microsoft is a company that produces software (-soft) for the household (Micro-) Microsoft is not completely descriptive of the products that are sold by this business. Arbitrary or fanciful
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