MGMT 200 EXAMINATION UPDATED SET QUESTIONS AND
SOLUTIONS RATED A+
✔✔trademark - ✔✔an image or symbol that designates a company
✔✔Federal Trademark Dilution Act - ✔✔1. federal cause of action violation
2. regardless of whether products compete
3. eliminated need to prove that confusion occured
4. must have some evidence that infringing mark dilutes brand name
5. injunctive relief allowed
6.protects service, product, certification and collective marks
✔✔product trademark - ✔✔symbol that represents a product
✔✔service trademark - ✔✔symbol that represents a service (fat tire thingy)
✔✔collective mark - ✔✔identifies product as part of a group ex. made in USA
✔✔certification marks - ✔✔marks that say things like Dell Tested
✔✔anticybersquatting law - ✔✔cannot use names of other people on the web
✔✔Trade dress - ✔✔non functional way to be distinctive, "total image", color of
packaging (tiffany's), CL (red soles)
✔✔trade secrets - ✔✔process, product, method that isnt known to the public that allows
you to make money, AKA economic reliance on it being a secret
To qualify:
-restrict access, some security
-limit people who know
-get non disclosure
-anyone who sees it must sign ^
-mark any written material about it as propreitary
✔✔patents - ✔✔protection for NOVEL, USEFUL, NON OBVIOUS processes,
inventions, ect. good for 20 years from date of application,
✔✔non-patenable - ✔✔laws of nature, natural phenomenon, abstract ideas
✔✔copyright - ✔✔exclusive right to produce, publish, sell a creative idea
for life + 70 years
if it was done for you its 95 yrs
, ✔✔digital millennium copyright act - ✔✔signifigant protection for copyright owners of
digital info
✔✔fair use doctrine - ✔✔idea that copyrights can be used by others for purposes of
criticism, commentary, teaching, news
✔✔DIGITAL SAMPLING - ✔✔using part of someones work, violates copyright law
✔✔Employee Relationship - ✔✔-at will (can quit/be fired at any time)
-employees conduct is controlled by employers
-do not have independent business discretion
-respondeat superior, meaning employers are liable for any misconduct of
___________
✔✔1. principal controls (the employee)
2.principal benefits (from employee)
3.principal has $(has deep pockets) - ✔✔policy reasons for respondeat superior
✔✔Principal- Agent Relationship - ✔✔-principal hired agent to work on their behalf
-relationship is consensual/contractual
-agent works with fiduciary relationship
-agent places principals interests above their own
✔✔ultra vires - ✔✔when an agent is acting outside of the scope of their authority/
actions binding arent valid
✔✔Agency Respondaet Superior - ✔✔principal is liable for torts of agent if they were
acting in scope of employement
✔✔Contractor Relationship - ✔✔-independent workers, not regular
-a lot of control over how they do the job
-dont have to give benefits, keep time records, pay insurance or overtime, or fringe
benefits
-respondeat superior does not apply
✔✔Joint Employer (NLRB) - ✔✔ex. if franchisor sets up policies about conduct, they are
considered a joint employer with the franchisee and both can be pulled into litigation
about labor standards
✔✔Protected Classes - ✔✔cant fire for these reasons ...
race, color, religion, sex or national origin
✔✔disparate treatment - ✔✔intentional discrimination to protected classes, White get off
at 4 non white get off at 5
SOLUTIONS RATED A+
✔✔trademark - ✔✔an image or symbol that designates a company
✔✔Federal Trademark Dilution Act - ✔✔1. federal cause of action violation
2. regardless of whether products compete
3. eliminated need to prove that confusion occured
4. must have some evidence that infringing mark dilutes brand name
5. injunctive relief allowed
6.protects service, product, certification and collective marks
✔✔product trademark - ✔✔symbol that represents a product
✔✔service trademark - ✔✔symbol that represents a service (fat tire thingy)
✔✔collective mark - ✔✔identifies product as part of a group ex. made in USA
✔✔certification marks - ✔✔marks that say things like Dell Tested
✔✔anticybersquatting law - ✔✔cannot use names of other people on the web
✔✔Trade dress - ✔✔non functional way to be distinctive, "total image", color of
packaging (tiffany's), CL (red soles)
✔✔trade secrets - ✔✔process, product, method that isnt known to the public that allows
you to make money, AKA economic reliance on it being a secret
To qualify:
-restrict access, some security
-limit people who know
-get non disclosure
-anyone who sees it must sign ^
-mark any written material about it as propreitary
✔✔patents - ✔✔protection for NOVEL, USEFUL, NON OBVIOUS processes,
inventions, ect. good for 20 years from date of application,
✔✔non-patenable - ✔✔laws of nature, natural phenomenon, abstract ideas
✔✔copyright - ✔✔exclusive right to produce, publish, sell a creative idea
for life + 70 years
if it was done for you its 95 yrs
, ✔✔digital millennium copyright act - ✔✔signifigant protection for copyright owners of
digital info
✔✔fair use doctrine - ✔✔idea that copyrights can be used by others for purposes of
criticism, commentary, teaching, news
✔✔DIGITAL SAMPLING - ✔✔using part of someones work, violates copyright law
✔✔Employee Relationship - ✔✔-at will (can quit/be fired at any time)
-employees conduct is controlled by employers
-do not have independent business discretion
-respondeat superior, meaning employers are liable for any misconduct of
___________
✔✔1. principal controls (the employee)
2.principal benefits (from employee)
3.principal has $(has deep pockets) - ✔✔policy reasons for respondeat superior
✔✔Principal- Agent Relationship - ✔✔-principal hired agent to work on their behalf
-relationship is consensual/contractual
-agent works with fiduciary relationship
-agent places principals interests above their own
✔✔ultra vires - ✔✔when an agent is acting outside of the scope of their authority/
actions binding arent valid
✔✔Agency Respondaet Superior - ✔✔principal is liable for torts of agent if they were
acting in scope of employement
✔✔Contractor Relationship - ✔✔-independent workers, not regular
-a lot of control over how they do the job
-dont have to give benefits, keep time records, pay insurance or overtime, or fringe
benefits
-respondeat superior does not apply
✔✔Joint Employer (NLRB) - ✔✔ex. if franchisor sets up policies about conduct, they are
considered a joint employer with the franchisee and both can be pulled into litigation
about labor standards
✔✔Protected Classes - ✔✔cant fire for these reasons ...
race, color, religion, sex or national origin
✔✔disparate treatment - ✔✔intentional discrimination to protected classes, White get off
at 4 non white get off at 5
