JOMC 486 EXAM 1 UPDATED ACTUAL
QUESTIONS AND CORRECT ANSWERS
●● Disparagement
Answer: if it is understood to cast doubt upon the quality of another's
land, products or services and The publisher intends the statement to cast
the doubt, OR The recipient's understanding of it as casting the doubt
was reasonable
●● Pecuniary loss is restricted to
Answer: Direct and immediate loss caused by conduct of potential
customers and Expense of counteracting disparagement.
●● Proving Pecuniary loss
Answer: Proof of conduct of specific persons or Proof that the loss
resulted from the conduct of many persons, none of whom could be
identified.
●● Difference between defamation and disparagement
Answer: Defamation involves personal reputation and disparagement
involves a person's property or economic interests
●● True or False: Criticism of a product alone does not defame the
producer
,Answer: True
●● Disparagement example
Answer: Saying that a manager has rats in their motel, doesn't say
anything bad about the manager himself, other than he's not cleaning
●● Defamatory example
Answer: If you say that he murdered his mother and kept her body in the
basement of the motel, doesn't say anything bad about his motel
●● Disparaging and Defamatory example
Answer: If you said that you stay at the motel and you yourself will be
murdered along with his mother
●● Does the Acme Hotel claim about getting the best night's sleep
disparage Bates Model?
Answer: No, you cannot prove this to be false. It's an opinion.
●● Two categories of puffery
Answer: Hyperbolic boasting or bluster no reasonable consumer would
believe true OR Claims of superiority over a competitor's product that
consumers understand are not to be taken literally
●● Fair-report privilege
, Answer: an official report or document, the EPA said so and so about
this product
●● True or False: Veggie libel laws have been passed in Nebraska
Answer: False, Veggie libel laws have been introduced in Nebraska
legislature but never passed
●● Does the Acme advertisement about its process for cleaning
mattresses amount to an actionable disparagement of Bates Motel?
Answer: No he couldn't because it doesn't say anything bad about him or
his hotel, rather acme is saying something false about their own product.
●● Lanham Act 43(a)(2)
Answer: Imposes civil liability on anyone who, in connection with
goods or services,
Conveys a false or misleading description in advertising or promotions
OR Misrepresents the nature, characteristics, qualities, or geographic
origin of one's own or another's goods, services, or commercial activities
●● McNeil-PPC, Inc. V. Pfizer, Inc.
Answer: Flossing case about how listerine can replace flossing
●● True or False: A claim is material if it makes a difference in a
consumer's decision to buy the product
QUESTIONS AND CORRECT ANSWERS
●● Disparagement
Answer: if it is understood to cast doubt upon the quality of another's
land, products or services and The publisher intends the statement to cast
the doubt, OR The recipient's understanding of it as casting the doubt
was reasonable
●● Pecuniary loss is restricted to
Answer: Direct and immediate loss caused by conduct of potential
customers and Expense of counteracting disparagement.
●● Proving Pecuniary loss
Answer: Proof of conduct of specific persons or Proof that the loss
resulted from the conduct of many persons, none of whom could be
identified.
●● Difference between defamation and disparagement
Answer: Defamation involves personal reputation and disparagement
involves a person's property or economic interests
●● True or False: Criticism of a product alone does not defame the
producer
,Answer: True
●● Disparagement example
Answer: Saying that a manager has rats in their motel, doesn't say
anything bad about the manager himself, other than he's not cleaning
●● Defamatory example
Answer: If you say that he murdered his mother and kept her body in the
basement of the motel, doesn't say anything bad about his motel
●● Disparaging and Defamatory example
Answer: If you said that you stay at the motel and you yourself will be
murdered along with his mother
●● Does the Acme Hotel claim about getting the best night's sleep
disparage Bates Model?
Answer: No, you cannot prove this to be false. It's an opinion.
●● Two categories of puffery
Answer: Hyperbolic boasting or bluster no reasonable consumer would
believe true OR Claims of superiority over a competitor's product that
consumers understand are not to be taken literally
●● Fair-report privilege
, Answer: an official report or document, the EPA said so and so about
this product
●● True or False: Veggie libel laws have been passed in Nebraska
Answer: False, Veggie libel laws have been introduced in Nebraska
legislature but never passed
●● Does the Acme advertisement about its process for cleaning
mattresses amount to an actionable disparagement of Bates Motel?
Answer: No he couldn't because it doesn't say anything bad about him or
his hotel, rather acme is saying something false about their own product.
●● Lanham Act 43(a)(2)
Answer: Imposes civil liability on anyone who, in connection with
goods or services,
Conveys a false or misleading description in advertising or promotions
OR Misrepresents the nature, characteristics, qualities, or geographic
origin of one's own or another's goods, services, or commercial activities
●● McNeil-PPC, Inc. V. Pfizer, Inc.
Answer: Flossing case about how listerine can replace flossing
●● True or False: A claim is material if it makes a difference in a
consumer's decision to buy the product
