Infringement is the unauthorized use of a trademark of another or use of a substantially
indistinguishable mark.
What rights are protected by the First Amendment? What sorts of speech are
constitutionally protected? Explain.
Natalie, age 17, rented a power washer and while using the machine, she negligently
damaged it beyond repair. Under the majority view, the rental company can
successfully sue Natalie for damages on a tort theory of negligence since it is well
settled that minors are liable for their torts.
A multinational enterprise wishing to exploit a patent may choose to sell a foreign
company the right to use the property rather than entering the foreign market itself. The
sale of such rights is licensing.
Intangible property does not exist in a physical form.
A covenant not to compete is a type of restraint of trade that courts today will enforce
under certain circumstances.
Security interests, defined by the Code as interests in personal property or fixtures that
ensure payment or performance of obligations, are governed by Article 6 of the UCC.
Kant’s categorical imperative is a variation of the Golden Rule.
Marie is the bookkeeper for the Buildco Construction Company. She makes out the
payroll; prepares all of the payroll checks and reconciles the bank statements for the
firm. She decides to increase her income by padding the payroll; accordingly, she
makes out a check in the name of someone who does not exist. She then indorses the
check with the payee’s name and her name and cashes the check herself at First Bank
where the company has its account. Under the fictitious payee rule, Buildco and not the
bank will be liable for this check.
A contract to sell five acres of land is governed by Article 2 of the UCC.