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A party who unintentionally uses the trademark of another is not liable for trademark
infringement.
Bubbly Bottling Company is engaged in the soft-drink bottling and distribution industry
in the states of New York and New Jersey. The firm currently has about 40 percent of
the market for these products and related services. Carbonate Distribution Corporation
competes with Bubbly in the same states. Carbonate has about 35 percent of the market.
If Bubbly were to acquire the stock and assets of Carbonate, would Bubbly be in
violation of any of the antitrust laws? If so, which one? Discuss fully.
In the United States, a patent is given to the first person to file for it.
Bankruptcy proceedings are held in state courts.
A forum-selection clause indicates the place for the resolution of a dispute arising under
a contract.
The doctrine of promissory estoppel does not apply if there is a clear and definite
promise.
An individual's repayment plan under Chapter 13 can be initiated only by the debtor's
filing of a voluntary petition.
A corporation whose shares are held by relatively few persons is a partnership.
Grapple Market Share Corporation would like to know what information federal
agencies have about Grapple's operations, so that the firm will know what its
competitors may be able to learn about it. Can Grapple require the agencies to disclose
whatever information they may have concerning it? If so, how should the firm make its
request? What federal law applies? Is any information exempt?
Downspout Drainage Company hires Earl to design a Web page for Downspout for
$400. Before the project is started, Downspout asks Earl to trouble-shoot Downspout's
computer operating system software for an additional $400. Earl agrees. The entire
contract is oral. Earl completes the work, but Downspout refuses to pay. Earl files a suit
against Downspout, which raises the Statute of Frauds as a defense. Can Earl recover
from Downspout? If so, how much, and on what basis?
All environmental law consists of statutes and regulations.
A firm can have market power without violating antitrust law.
Any crime committed with a computer is a computer crime.
To be valid, a contract must be enforceable by all of the parties to it.
A quasi contract arises from a mutual agreement between two parties.
An employer who hires and fires workers according to a fair seniority system may have
a good defense to an employment discrimination suit.
A breach of contract occurs only when a party fails to perform all of his or her duties
under a contract.
States may restrict emissions from motor vehicles.
Unless a contract provides otherwise, it is assumed to be a destination contract.
A creditor with a mechanic's lien on property can sell the property to satisfy the debt.
