LEB 323 Exam -Questions with 100%
Correct Answers| Verified
What is not deemed "Fair Use" for copyright? - ✔✔Any commercial use or benefit
(financial or not)
What is a trademark? - ✔✔Anything unique and distinct, associated with a company
What are the 4 Categories of a Trademark? - ✔✔1. Generic: common words
2. Descriptive: nouns with adjectives
(These two cannot be trademarked)
3. Suggestive (does not describe product but relates to it)
4. arbitrary or fanciful (creative, not expected)
First to Use Trademarks - ✔✔Based on geographic region, have to register or be the first
to register
First to Register Trademarks - ✔✔Prove you didn't know about the previous use, can't
use mark in geographic location of first user
First user gets nationwide protection if they plan to go nationwide
"Intent to Use" trademark - ✔✔Not yet substantially nationwide, but priority goes to
the business that is trying to expand
What is "genericide"? - ✔✔Once brand name terms become generic due to a
relapsed trademark. "Aspirin" is an example. Kleenex was able to avoid it thought
Remedies for "Genericide" - ✔✔Injunction (prohibiting further use)
,Damages (compensation for economic loss)
Anti-Dilution Statute - ✔✔Prohibits use of trademarks even when there is no likelihood
of confusion
(More protection when the mark is famous)
(More punishment can be applied and higher standards for famous marks)
Case: UT vs. KST Electric - ✔✔Court found infringement by KST to UT's logo. However,
UT's logo was not deemed famous enough to fall under the Anti-Dilution Statute.
What is "secondary meaning" in regards to a trademark? - ✔✔A white apple is simple but
it has meaning beyond an apple. A company can register a mark when it has come to be
identified with the company over a significant amount of time.
What is a contract? - ✔✔agreement that is legally binding in which either party can be
sued if they don't perform the promises in the contract
(an agreement to promise)
Why are contracts important? - ✔✔need legal ramifications to make sure our intentions
are clear and to keep us to our word
What is prevalent in our lives? - ✔✔contracts, you can't live day-to-day without them
What is the #1 Rule for Contracts? - ✔✔Read them. It could potentially include terms
for breach, extensions, law of freedom
How do contracts give us legal rights? - ✔✔it has to be legal or its void
Bilateral vs. Unilateral - ✔✔B: 2 parties, each making promises
, U: 1 party, one side makes a promise and other side can choose whether or not they accept it
Who has duty to act in a unilateral and bilateral contract? - ✔✔U: the party accepting
the contract
B: both parties have the duty to act
Which type of contract is most common? - ✔✔bilateral
Expressed Contract vs. Implied Contract - ✔✔E: terms explicitly clear
I: terms not stated, based on behavior
Both types are valid, but implied contract is hard to sue over
What standard does the court use for an implied contract? - ✔✔the standard of
a reasonable person
What is a "quasi-contract"? - ✔✔constructed by the court because there wasn't an
official one in place beforehand
example: getting services for free because you were in a coma and then leaving before
paying, even though you didn't sign a contract the court can create one saying you have to
pay the hospital
What is the #2 Rule of Contracts? - ✔✔Get it in writing.
What makes a contract valid? - ✔✔involves something of value (consideration),
terms/agreement, both parties have to have legal capacity, has to have a legal purpose
Requirements for a valid contract - ✔✔consideration
agreement
capacity
Correct Answers| Verified
What is not deemed "Fair Use" for copyright? - ✔✔Any commercial use or benefit
(financial or not)
What is a trademark? - ✔✔Anything unique and distinct, associated with a company
What are the 4 Categories of a Trademark? - ✔✔1. Generic: common words
2. Descriptive: nouns with adjectives
(These two cannot be trademarked)
3. Suggestive (does not describe product but relates to it)
4. arbitrary or fanciful (creative, not expected)
First to Use Trademarks - ✔✔Based on geographic region, have to register or be the first
to register
First to Register Trademarks - ✔✔Prove you didn't know about the previous use, can't
use mark in geographic location of first user
First user gets nationwide protection if they plan to go nationwide
"Intent to Use" trademark - ✔✔Not yet substantially nationwide, but priority goes to
the business that is trying to expand
What is "genericide"? - ✔✔Once brand name terms become generic due to a
relapsed trademark. "Aspirin" is an example. Kleenex was able to avoid it thought
Remedies for "Genericide" - ✔✔Injunction (prohibiting further use)
,Damages (compensation for economic loss)
Anti-Dilution Statute - ✔✔Prohibits use of trademarks even when there is no likelihood
of confusion
(More protection when the mark is famous)
(More punishment can be applied and higher standards for famous marks)
Case: UT vs. KST Electric - ✔✔Court found infringement by KST to UT's logo. However,
UT's logo was not deemed famous enough to fall under the Anti-Dilution Statute.
What is "secondary meaning" in regards to a trademark? - ✔✔A white apple is simple but
it has meaning beyond an apple. A company can register a mark when it has come to be
identified with the company over a significant amount of time.
What is a contract? - ✔✔agreement that is legally binding in which either party can be
sued if they don't perform the promises in the contract
(an agreement to promise)
Why are contracts important? - ✔✔need legal ramifications to make sure our intentions
are clear and to keep us to our word
What is prevalent in our lives? - ✔✔contracts, you can't live day-to-day without them
What is the #1 Rule for Contracts? - ✔✔Read them. It could potentially include terms
for breach, extensions, law of freedom
How do contracts give us legal rights? - ✔✔it has to be legal or its void
Bilateral vs. Unilateral - ✔✔B: 2 parties, each making promises
, U: 1 party, one side makes a promise and other side can choose whether or not they accept it
Who has duty to act in a unilateral and bilateral contract? - ✔✔U: the party accepting
the contract
B: both parties have the duty to act
Which type of contract is most common? - ✔✔bilateral
Expressed Contract vs. Implied Contract - ✔✔E: terms explicitly clear
I: terms not stated, based on behavior
Both types are valid, but implied contract is hard to sue over
What standard does the court use for an implied contract? - ✔✔the standard of
a reasonable person
What is a "quasi-contract"? - ✔✔constructed by the court because there wasn't an
official one in place beforehand
example: getting services for free because you were in a coma and then leaving before
paying, even though you didn't sign a contract the court can create one saying you have to
pay the hospital
What is the #2 Rule of Contracts? - ✔✔Get it in writing.
What makes a contract valid? - ✔✔involves something of value (consideration),
terms/agreement, both parties have to have legal capacity, has to have a legal purpose
Requirements for a valid contract - ✔✔consideration
agreement
capacity
