A fanciful use of ordinary words may be trademarked

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Smith and Roberson’s Business Law
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Chapter 13 / Exercise 9
Smith and Roberson’s Business Law
Mann/Roberts
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A fanciful use of ordinary words may be trademarked. 125. __T__ Tort law provides legal remedies for both personal injury and property damage. 126. __T__ In tort law, intent means only that the actor intended the consequences of his or her act or knew with substantial certainty that certain consequences would result from the act. 127. _T___ To commit an intentional tort, a person need not act with a harmful motive. 128. __F__ An assault may be committed when a person acts in a way so as to create an apprehension of offensive contact in the distant future. 129. _F___ A battery occurs only if the victim suffers actual physical harm. 130. __T__ Libel involves the written communication of defamatory language. 131. __F__ Puffery is fraud. 132. __T__ To commit the tort of trespass to land, a person does not need to actually harm the land. 133. _T___ Conversion is wrongfully taking or retaining an individual’s personal property and placing it in the service of another. 134. _F___ An arbitrary use of ordinary words may not be trademarked. 135. __F__ A service mark is used to distinguish products produced by the federal government from those produced by private corporations. 136. __T__ Brad doesn't like Rob and especially dislikes Rob's new felt hat, so he intentionally knocks it off Rob's head in order to embarrass Rob. Brad has committed a battery. 137. __T__ In a defamation action, the plaintiff must prove that the defendant communicated a false statement to a third party. 138. __T__ A tort is a violation of a duty imposed by the civil law. 139. __T__ Under the new Restatement (Third) of Torts, a manufacturing defect exists only when it is shown that: 1) the product has departed from its intended design; and 2) the manufacturer failed to exercise “due care” in the manufacturing process. 140. __F__ Written defamation is called "slander." 141. __T__ Opinion is generally a valid defense in a defamation lawsuit because it cannot be proven to be true or false. 142. __T__ In order for a plaintiff to win a case involving intentional infliction of emotional distress, she must prove the defendant acted in an extreme and outrageous manner. 143. __F__ Prior to any battery, an assault (even if only momentarily) must have occurred. 144. __T__ Punitive damages are intended to punish the defendant. 145. __F__ An employee who divulges secret trade information cannot be sued.
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Smith and Roberson’s Business Law
The document you are viewing contains questions related to this textbook.
Chapter 13 / Exercise 9
Smith and Roberson’s Business Law
Mann/Roberts
Expert Verified
146. __T__ Infringement is the unauthorized use of the intellectual property of another 147. __F__ Electronic surveillance for the purpose of acquiring trade secrets is permissible under the law of unfair competition. 148. __T__ For a mark to be protected under federal law, it must be registered with the Patent and Trademark Office. 149. __T__ Trade secrets are information held as confidential by a company and its employees. 150. __T__ A trademark differs from a service mark in that the latter describes services. 151. __T__ A copyright does not last forever.

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