Oral sex illegal in Georgia state. Police officer finds Hardwick having oral sex with
another male in the privacy of his home. Hardwick charged and convicted. Supreme
court rules that the constitution does not confer a fundamental right upon
homosexuals to engage in sodomy- the fact that homosexual conduct occurs in the
privacy of the home does not affect the result
Give this one a try later!
Bowers v. Hardwick
,jury does not reach verdict, plaintiff has to decide whether or not to rerun the trial
Give this one a try later!
hung jury
Client pays the lawyer, who holds the money in his/her account and only draws the
money out in proportion to the time spent working on the case
- used to "tie-up" lawyers that you don't want working for the opposing party
Give this one a try later!
Retainers
The more generic the less protection. trademarks that receive the highest level of
protection are
- fanciful (xerox or other invented words)
- Arbitrary, have no connection to product, but have a connection in the public's mind
- Suggestive (dairy queen)
- Secondary meanings are a bit less strong (London Fog)
- General or geographic names are not protected
Give this one a try later!
Strength of senior users mark
,Federal and state = statutes
counties and cities = ordinances
Give this one a try later!
Making laws
- Criminal + Civil
- US attorneys
- duty is to do justice, not simply win a case
Give this one a try later!
Public prosecutors (DAs)
1. strength of senior users mark
2. Degree of similarity between the marks (does it cause confusion among public?)
3. Proximity of products (same market?)
4. Bridging the gap (will the senior user enter into the same business at some point?)
5. Evidence of actual confusion
6. Junior users good faith and goodwill
7. Quality of junior users product (the lower the quality, the greater potential damage
to the senior user)
8. Sophistication of consumers (smart enough to tell the difference?)
Give this one a try later!
Dispute of trademark test
, relationship among the three branches of the federal, state, or local government.
Check and balances utilized to avoid one branch having too much power (ex.
Congress passes a law (legislative) and the president vetoes it (executive)
Give this one a try later!
separation of powers
Usually professional services (law, medicine, to avoid malpractice)
- no double taxation
Give this one a try later!
Limited liability partnership
Nomenclature (starbucks, Mcdonalds)
- Franchisee/Franchisor are dependent upon each other
- symbiotic relationship (starbucks (franchisor) sells coffee to consumers (franchisee)
in order to make money for franchise)
Give this one a try later!
Franchise
In the case where there is no dispute concerning facts of case:
- no need for jury
- Judge can apply the law and declare a winner
another male in the privacy of his home. Hardwick charged and convicted. Supreme
court rules that the constitution does not confer a fundamental right upon
homosexuals to engage in sodomy- the fact that homosexual conduct occurs in the
privacy of the home does not affect the result
Give this one a try later!
Bowers v. Hardwick
,jury does not reach verdict, plaintiff has to decide whether or not to rerun the trial
Give this one a try later!
hung jury
Client pays the lawyer, who holds the money in his/her account and only draws the
money out in proportion to the time spent working on the case
- used to "tie-up" lawyers that you don't want working for the opposing party
Give this one a try later!
Retainers
The more generic the less protection. trademarks that receive the highest level of
protection are
- fanciful (xerox or other invented words)
- Arbitrary, have no connection to product, but have a connection in the public's mind
- Suggestive (dairy queen)
- Secondary meanings are a bit less strong (London Fog)
- General or geographic names are not protected
Give this one a try later!
Strength of senior users mark
,Federal and state = statutes
counties and cities = ordinances
Give this one a try later!
Making laws
- Criminal + Civil
- US attorneys
- duty is to do justice, not simply win a case
Give this one a try later!
Public prosecutors (DAs)
1. strength of senior users mark
2. Degree of similarity between the marks (does it cause confusion among public?)
3. Proximity of products (same market?)
4. Bridging the gap (will the senior user enter into the same business at some point?)
5. Evidence of actual confusion
6. Junior users good faith and goodwill
7. Quality of junior users product (the lower the quality, the greater potential damage
to the senior user)
8. Sophistication of consumers (smart enough to tell the difference?)
Give this one a try later!
Dispute of trademark test
, relationship among the three branches of the federal, state, or local government.
Check and balances utilized to avoid one branch having too much power (ex.
Congress passes a law (legislative) and the president vetoes it (executive)
Give this one a try later!
separation of powers
Usually professional services (law, medicine, to avoid malpractice)
- no double taxation
Give this one a try later!
Limited liability partnership
Nomenclature (starbucks, Mcdonalds)
- Franchisee/Franchisor are dependent upon each other
- symbiotic relationship (starbucks (franchisor) sells coffee to consumers (franchisee)
in order to make money for franchise)
Give this one a try later!
Franchise
In the case where there is no dispute concerning facts of case:
- no need for jury
- Judge can apply the law and declare a winner
