BUL 4421-MIDTERM FAU GENDLER
EXAM QUESTIONS WITH VERIFIED
ANSWERS
This trademark strength refers to type of particular product; no trademark protection
whatsoever. - Answer-Generic
This trademark strength:
- Identifies a significant characteristic of the product, but is not the common name of the
product.
- Must have obtained a secondary meaning to obtain trademark protection - Answer-
Descriptive
This trademark strength:
-Requires imagination, thought, and perception to reach a conclusion as to the nature of
the goods.
-These goods fall short of directly describing the qualities or functions of a particular
product or service, but merely suggest such qualities.
- This mark is entitled to protection without proof of secondary meaning. - Answer-
Suggestive
In addition to Strength of Mark, the Courts will consider following factors to determine
whether infringement (5): - Answer-1. Degree of Similarity between marks
2. Evidence of Actual Confusion
3. User's Good Faith
4. Quality of User's Product
5. Sophistication of purchasers
The protection of the expression of a creative work; i.e., protection of the fixed form that
expresses the idea. - Answer-Copyright
Most common defense to allegation of copyright infringement: - Answer-fair use doctrine
The doctrine which provides for the lawful use of a limited portion of another's work for
purposes of criticism, comment, news reporting, teaching, scholarship, and research. -
Answer-Fair Use Doctrine
Protects a product, process, invention, machine, or plant that is produced by asexual
reproduction, and that meets the criteria of being novel, useful, and nonobvious. It gives
the owner the exclusive right to produce, sell, and use the patent object for 20 years. -
Answer-Patent
Obtaining a patent under the Lanham Act allows the holder to license the use of his or
her patented idea for . - Answer-royalties
Holder of Secret can sue one who illegally takes the trade secret if the
owner of the trade secret can prove certain criteria. - Answer-Trade
,A Trade Secrete owner must prove (3): - Answer-1. A Trade Secret existed
2. Defendant acquired it through unlawful means
3. The Defendant used the trade secret without the Plaintiff' permission
Stages of Pretrial Stage (3): - Answer-1. Informal negotiations
2. Pleadings
3. Service of Process
A judgment in favor of the Plaintiff when the Defendant fails to respond to the complaint.
- Answer-Default Judgment
A default judgement occurs when (2): - Answer-1. The defendant fails to answer the
complaint.
2. The Plaintiff's complaint alleges facts that would support such a judgment.
Two preliminary pretrial motions are: MJP, MSJ - Answer-1. Motion for Judgment on the
Pleadings
2. Motion for Summary Judgment
In a civil case, a request is made by either party, *after pleadings have been entered,*
that asks a judge or a court, to issue a judgement. Court will grant it if it finds that the
only reasonable decision is in favor of the moving party. - Answer-Motion for Judgment
on the Pleadings
In a civil case, asserts *no factual disputes* exist. Asks a judge or court to promptly and
expeditiously dispose of case without a trial. Evidence admissible in trial will be
considered. The court can either hold oral arguments or decide the motion on the basis
of the parties' briefs and supporting documentation alone. - Answer-Motion for Summary
Judgment ("MSJ")
In a civil case, a request by the defendant that asks a judge or court to dismiss the case
because even if all the allegations are true, the plaintiff is not entitled to any legal relief.
- Answer-Motion to Dismiss (aka demurrer)
Difference between Motion for Summary Judgement and Motion for Judgment on the
Pleadings is that *in MSJ, the moving party may use:* - Answer-1. Affidavits
2. Relevant documents
3. Deposition transcripts or interrogatories in support of the Motion (i.e. extrinsic
evidence is considered).
The pretrial phase in a lawsuit during which each party requests relevant documents
and other evidence from the other side in an attempt to "discover" pertinent facts and
avoid any surprises in the courtroom during trial. - Answer-Discovery Phase
Common Discovery Tools (3): RID - Answer-1. Interrogatories
2. Request to Produce Documents
3. Deposition
, Written questions that one party sends to the other party to be answered under oath.
Done during the pretrial phase, this is to clarify matters of evidence and help determine
what facts will be presented at a trial in the case. - Answer-Interrogatories (aka Request
for Further Information)
Forces the opposing party to turn over certain information unless it is privileged. -
Answer-Request to Produce Documents
A pretrial sworn and recorded testimony of a witness that is acquired out of court with
no judge present. Used to impeach. - Answer-Deposition
Chapter 4: Alternative Dispute Resolution - Answer-Chapter 4: Alternative Dispute
Resolution
1. Refers to the resolution of legal disputes through methods other than litigation.
2. Usually is less expensive and less time-consuming that litigation. - Answer-
Alternative Dispute Resolution ("ADR")
Alternative Dispute Resolution (ADR) includes (7): .... SPAMMEN - Answer-1.
*S*ummary jury trials
2. *P*rivate trials
3. *A*rbitration
4. *M*ediation
5. *M*ini-trials
6. *E*arly neutral case evaluations
7. *N*egotiation
1. A *bargaining process* in which disputing parties interact informally, either with or
without lawyers, to attempt to resolves their dispute.
2. A neutral third party, such as a judge or jury, is not involved.
3. The parties maintain high levels of autonomy.
4. Adversarial negotiation
5. Problem-solving - Answer-Negotiation
A negotiation in which each party seeks to *maximize its own gain.* - Answer-
Adversarial negotiation
A negotiation in which the parties seek to *achieve joint gain.* - Answer-Problem-solving
The disputing parties select a neutral party to help facilitate communication and suggest
ways for the parties to solve their dispute. - Answer-Mediation
1. Alternative dispute resolution by neutral third party outside of judicial setting.
2. Voluntary process in that parties typically have a *contractual agreement to resolve*
disputes (only for civil, not criminal). - Answer-Arbitration
EXAM QUESTIONS WITH VERIFIED
ANSWERS
This trademark strength refers to type of particular product; no trademark protection
whatsoever. - Answer-Generic
This trademark strength:
- Identifies a significant characteristic of the product, but is not the common name of the
product.
- Must have obtained a secondary meaning to obtain trademark protection - Answer-
Descriptive
This trademark strength:
-Requires imagination, thought, and perception to reach a conclusion as to the nature of
the goods.
-These goods fall short of directly describing the qualities or functions of a particular
product or service, but merely suggest such qualities.
- This mark is entitled to protection without proof of secondary meaning. - Answer-
Suggestive
In addition to Strength of Mark, the Courts will consider following factors to determine
whether infringement (5): - Answer-1. Degree of Similarity between marks
2. Evidence of Actual Confusion
3. User's Good Faith
4. Quality of User's Product
5. Sophistication of purchasers
The protection of the expression of a creative work; i.e., protection of the fixed form that
expresses the idea. - Answer-Copyright
Most common defense to allegation of copyright infringement: - Answer-fair use doctrine
The doctrine which provides for the lawful use of a limited portion of another's work for
purposes of criticism, comment, news reporting, teaching, scholarship, and research. -
Answer-Fair Use Doctrine
Protects a product, process, invention, machine, or plant that is produced by asexual
reproduction, and that meets the criteria of being novel, useful, and nonobvious. It gives
the owner the exclusive right to produce, sell, and use the patent object for 20 years. -
Answer-Patent
Obtaining a patent under the Lanham Act allows the holder to license the use of his or
her patented idea for . - Answer-royalties
Holder of Secret can sue one who illegally takes the trade secret if the
owner of the trade secret can prove certain criteria. - Answer-Trade
,A Trade Secrete owner must prove (3): - Answer-1. A Trade Secret existed
2. Defendant acquired it through unlawful means
3. The Defendant used the trade secret without the Plaintiff' permission
Stages of Pretrial Stage (3): - Answer-1. Informal negotiations
2. Pleadings
3. Service of Process
A judgment in favor of the Plaintiff when the Defendant fails to respond to the complaint.
- Answer-Default Judgment
A default judgement occurs when (2): - Answer-1. The defendant fails to answer the
complaint.
2. The Plaintiff's complaint alleges facts that would support such a judgment.
Two preliminary pretrial motions are: MJP, MSJ - Answer-1. Motion for Judgment on the
Pleadings
2. Motion for Summary Judgment
In a civil case, a request is made by either party, *after pleadings have been entered,*
that asks a judge or a court, to issue a judgement. Court will grant it if it finds that the
only reasonable decision is in favor of the moving party. - Answer-Motion for Judgment
on the Pleadings
In a civil case, asserts *no factual disputes* exist. Asks a judge or court to promptly and
expeditiously dispose of case without a trial. Evidence admissible in trial will be
considered. The court can either hold oral arguments or decide the motion on the basis
of the parties' briefs and supporting documentation alone. - Answer-Motion for Summary
Judgment ("MSJ")
In a civil case, a request by the defendant that asks a judge or court to dismiss the case
because even if all the allegations are true, the plaintiff is not entitled to any legal relief.
- Answer-Motion to Dismiss (aka demurrer)
Difference between Motion for Summary Judgement and Motion for Judgment on the
Pleadings is that *in MSJ, the moving party may use:* - Answer-1. Affidavits
2. Relevant documents
3. Deposition transcripts or interrogatories in support of the Motion (i.e. extrinsic
evidence is considered).
The pretrial phase in a lawsuit during which each party requests relevant documents
and other evidence from the other side in an attempt to "discover" pertinent facts and
avoid any surprises in the courtroom during trial. - Answer-Discovery Phase
Common Discovery Tools (3): RID - Answer-1. Interrogatories
2. Request to Produce Documents
3. Deposition
, Written questions that one party sends to the other party to be answered under oath.
Done during the pretrial phase, this is to clarify matters of evidence and help determine
what facts will be presented at a trial in the case. - Answer-Interrogatories (aka Request
for Further Information)
Forces the opposing party to turn over certain information unless it is privileged. -
Answer-Request to Produce Documents
A pretrial sworn and recorded testimony of a witness that is acquired out of court with
no judge present. Used to impeach. - Answer-Deposition
Chapter 4: Alternative Dispute Resolution - Answer-Chapter 4: Alternative Dispute
Resolution
1. Refers to the resolution of legal disputes through methods other than litigation.
2. Usually is less expensive and less time-consuming that litigation. - Answer-
Alternative Dispute Resolution ("ADR")
Alternative Dispute Resolution (ADR) includes (7): .... SPAMMEN - Answer-1.
*S*ummary jury trials
2. *P*rivate trials
3. *A*rbitration
4. *M*ediation
5. *M*ini-trials
6. *E*arly neutral case evaluations
7. *N*egotiation
1. A *bargaining process* in which disputing parties interact informally, either with or
without lawyers, to attempt to resolves their dispute.
2. A neutral third party, such as a judge or jury, is not involved.
3. The parties maintain high levels of autonomy.
4. Adversarial negotiation
5. Problem-solving - Answer-Negotiation
A negotiation in which each party seeks to *maximize its own gain.* - Answer-
Adversarial negotiation
A negotiation in which the parties seek to *achieve joint gain.* - Answer-Problem-solving
The disputing parties select a neutral party to help facilitate communication and suggest
ways for the parties to solve their dispute. - Answer-Mediation
1. Alternative dispute resolution by neutral third party outside of judicial setting.
2. Voluntary process in that parties typically have a *contractual agreement to resolve*
disputes (only for civil, not criminal). - Answer-Arbitration
