1) In 2005, Recreation & Relaxation Corporation began making and selling all-terrain
vehicles (ATVs) under the mark “R&R.” Ten years later,
recoveryandrehabilitation.com, Inc., a different company selling medical equipment and
supplies, begins to use “R&R” as part of its URL and registers it as a domain name. Can
Recreation & Relaxation stop recoveryandrehabilitation.com’s use of “R&R”? If so,
what must the ATV maker show?
2) If a contract term is ambiguous, a court can consider extrinsic evidence.
3) For the doctrine of promissory estoppel to be applied, there must be a clear and
definite promise.
4) An agency agreement can be implied by conduct.
5) For twenty years, Maynard works for Natural Gas Wells, Inc., which employs more
than five hundred persons in two states. Natural Gas Wells drills for and mines natural
gas to sell and transport to refineries, which in turn pipes liquefied gas to other states.
Maynard starts as an unskilled worker in the drilling fields. After a career of positive
job evaluations and pay raises, Maynard is ultimately promoted to the position of chief
of maintenance for a dozen wellheads. Five years later, a new employee, Oberto, is
hired to oversee operations at all of the wellheads. Oberto demotes Maynard, who is
now over the age of forty, and freezes his salary. Oberto demotes five other employees
over the age of forty and places Maynard under the supervision of Pitt, who is
twenty-three. Maynard overhears Pitt say, “We’re going to have to do away with these
old men.” Maynard quits and files a suit against Natural Gas Wells for employment
discrimination. Should he prevail? Explain.
6) A bill of lading is a receipt signed by a warehouse for goods stored in a warehouse.
7) Any copyrighted work created by an employee within the scope of his or her
employment at the request of the employer is a “work for hire.”