BULW 301 UTK Final Latest Update -

BULW 301 UTK Final Latest Update - Actual Exam from Credible Source with 125 Questions and 100% Verified Detailed Correct Answers Guaranteed A+ Approved by Professor

Arbitrary - CORRECT ANSWER: Common words used in uncommon ways (Apple)

Copyright Protection - CORRECT ANSWER: o Available to original works of authorship fixed in any tangible medium of expression.

• Automatic once work is fixed in a tangible medium

• Does not require that work to be registered with U.S. copyright office

• Length of copyright protection for works created after 1/1/78 is the life of the author

plus an additional 70 years.-For copyrights earned by publishing houses: 95 or 120 years from date of publication

Damages in Tort Law - CORRECT ANSWER: Compensatory

o Special: things that aren't quantifiable

o General: Pain and Suffering, emotional distress, etc.

Punitive

• Designed to punish and deter wrongdoing

Defenses to Negligence - CORRECT ANSWER: o Failure to establish elements

• Assumption of Risk 1 / 3

-Knowledge of risk -Voluntary assumption of risk

• Comparative fault

-P&D's negligence is weighed against each other and damages awarded to plaintiff proportionally.

• Contributory Negligence

-Any negligence by plaintiff acts as a complete bar to recovery. (they will receive no money)

• Superseding Cause

-Unforeseen event that breaks the chain of causation (act of god event)

Descriptive - CORRECT ANSWER: Descriptive: Describes product or company, includes geographic terms & family names, won't receive TM Protection unless it acquires Secondary Meaning

Secondary Meaning: when customers associate term or phrase with an item or

company (London Fog)

Fair Use Exception - CORRECT ANSWER: o Allows for unauthorized use of

copyrighted material without penalty.

• In deciding whether fair use exception applies, a court will consider 4 factors

-What is the nature and purpose of original copyrighted work?-What are you using the copyrighted work for? (Satire & Education good, for profit bad) -How much of the original work is being used?-Is there an effect on the original work?

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False Imprisonment - CORRECT ANSWER: restraining an individual or restricting an individual's freedom for any length of time

Generic - CORRECT ANSWER: Refers to entire class of products receives no

protection unless it acquires secondary meaning (Desk brand desks)

Inherently Distinctive/Fanciful - CORRECT ANSWER: Strongest mark, likely to receive automatic protection. (Clorox, Rolex)

Intentional vs Negligence Tort - CORRECT ANSWER: o For intentional, intent is defined as the defendant knew or should have known a specific result would occur based on their actions

o Assault: the threat of imminent physical harm

o Battery: offensive or unwanted physical contact

Legal Standards for Trademark Status - CORRECT ANSWER: o Distinctive: denotes origin

o Functional: denotes use

Negligence - CORRECT ANSWER: o Duty: Defendant owed the plaintiff a duty of care.Duty of care is the acceptable standard of care associated with your profession, negligence within a certain profession.

o Breach of Duty:

o Causation: 2 Elements of Causation

-Cause in Fact: "But for" causation

-Proximate Cause: was this injury reasonably foreseeable?

• Damages: Emotional, physical, or economic injury
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