Intent to use putting themselves first in line has expiration date however 4

Intent to use putting themselves first in line has

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Intent to use: putting themselves first in line, has expiration date however 4. Genericide: harder to protect trademark a. Hurts company trying to protect trademark
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b. Ex. Google is now a verb v. Trademark infringement 1. If intentional = criminal penalties = fraud 2. Elements a. Likelihood of confusion by customers i. Reasonable person standard b. Anti-dilution: linked to famous trademarks = brand being diluted, global secondary meaning i. More damages for this 4. Nature and Classification of Contracts a. Contracts in general i. What is a contract? 1. An agreement between multiple parties 2. Both know content of contract 3. Expected to fulfill promises 4. Legally binding 5. Party that doesn’t breach gets the money ii. Rule #1 = read before signing!! b. Classification i. Bilateral v. Unilateral 1. Bilateral = both parties exchanging promises (99% of contracts) 2. Unilateral = one party exchanges promises ii. Express v. Implied 1. Express = express stated in writing 2. Implied = not stated but implied (ex. Paying for din at a restaurant) 3. Rule #2 = get everything in writing 4. Court uses reasonable person standard iii. Quasi contract: constructive contract, one of the parties can’t promise anything iv. Types of contracts 1. Valid contracts: holds up in court a. Elements i. Agreement ii. Consideration: value being exchanged, doesn’t need to be equal iii. Capacity: to know what you’re getting yourself into iv. Legal purpose 2. Void contracts: missing one of the four elements 3. Voidable contracts: capacity element isn’t clear a. Parties can continue if they want to b. Can turn into a valid contract 4. Unenforceable contract: start with valid contract, contract becomes illegal a. Ex. Marijuana becomes illegal in CO again, contracts with dispensaries become unenforceable b. Ex. If someone breaches contract, however someone can sue v. Negotiated v. Adhesion 1. Negotiated: most are negotiated bargaining power
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2. Adhesion: person drafing contract has more power a. Court favors little guy vi. Executory v. Executed 1. Executory: still in progress 2. Executed: completed, can now sue over breaches, more concrete 3. Exception = major continued breaches vii. Uniform contract code 1. Specifically applies to sale of goods, trumps contract law 2. More consistent, sale of goods across state borders 5. Cases a. Jacobsen v. USA (supreme court) i. Issue? ENTRAPMENT ii. Law enforcement placed idea into his head iii. Encouraged over 2-3 years iv. Court found law enforcement used entrapment, defendant found innocent b. State v. Joy (Vermont SC) i. Issue? EMBEZZLEMENT ii. Joy spent customers’ $ on business overhead iii. Joy argued attempt to repay 1. Good defense for larceny, not for embezzlement iv. Vermont SC found Joy guilty of embezzlement c. People v. Avila i. Issue? FORGERY 1. Erasing DUIs from DMV files 2. Court ruled forgery was committed, electronic files are documents d. Otis Engineering Corp v. Clark (TX. Supreme Ct) i. Issue? NEGLIGENCE ii. Employee drunk at work iii. Employer sent him home iv. He hit and killed two people v. Family members sued company vi. Court said company assumed higher duty by sending him home e. Brown v. Philadelphia College of Osteopathic Medicine
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  • Spring '08
  • Baker
  • i., ii., Embezzlement, a. Elements

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