Exam 10: Intellectual and Personal Property Including Motor Vehicles

Ruby developed a new Customer Management Relationship software which can link a hotel's reservation system database to its client list and their preferences. She should not seek to protect her intellectual property under patent or copyright law because the district attorney will prosecute anyone who tries to steal her design.​

A pharmaceutical manufacturer enjoys patent protection for its drugs and processes. But there is certain information, like batch records, which contain critical information relating to the manufacture of the drugs and could be used in the development of similar drugs, that must be protected as a trade secret. What steps should the company take to ensure that such information is protected under trade secret law?​

The statement, "Faldo is the registered owner of the automobile while Sally is the legal owner" probably means​

Selamwit went to Rivercity Book Store to buy her college textbooks. She became absorbed in glancing at some bestsellers and lost track of the time. Suddenly, she realized she had to leave quickly in order to meet her date for dinner. She hastily departed from the store, inadvertently leaving her backpack on a sales counter. Melissa, a sales clerk, noticed the backpack on the counter but left it there, expecting Selamwit to return for it. Later, when Selamwit returned to retrieve the backpack, it was gone. Selamwit sued Rivercity Book Store for the loss of her backpack. Will she be able to recover?​

Marge Henderson was very unhappy when she took her six-month-old "Puma" automobile back to Maximum Deal Auto, the dealership where she purchased the auto. It was the sixth time she had returned the car to get the seller to fix a stalling condition that plagued the vehicle. This time the engine stalled while she was driving on a freeway and she nearly had an accident. Which of the following is true?​

A disclaimer is a specific statement indicating a particular warranty does not exist, or limiting the warranty as to nature or duration.​

Which of the following elements is not required to prove the liability of a driver for negligence in an automobile accident? ​ ​

A promise to make a gift is generally unenforceable.​

Knowing only that his brakes had failed in town instead of overheating in the mountains would change Leavitt's claim ​ ​

Paula's Garden Café is a popular restaurant. She takes great pain to ensure that the recipe for her special salad dressing remains confidential. No employee knows all the ingredients. Her recipe is protected as a__________________________. She compiled a book of other recipes, however, as a marketing strategy, and sells the book in the restaurant's retail shop. The book can be protected under _________________ law. Paula also has produced a distinct and new variety of basil; that botanical could be protected by a applying for a _______________.​

Hallmark sold birthday cards with a cartoon of a waitress serving a plate of food to a patron. A photo of Paris Hilton's face was pasted on the cartoon's body.  Hilton tells the customer, " Don't touch that, it's hot." The customer asks, "What's hot?" Hilton responds, "That's hot." The inside of the card reads "Have a smokin' hot birthday." Hilton sued, alleging that Hallmark was selling the birthday cards without her permission and ripped off her appearance as a waitress in an episode of her reality television show "The Simple Life."  For what tort should she sue? ​

Guy Yamoto, who was certified in first-aid techniques, observed an accident scene as he was driving to work. Although no one was offering help at the accident site, it did not appear to Guy that the accident was very serious and so he drove on. He later learned that a person died who probably could have been saved easily through proper application of first aid. If the heirs of the deceased discovered that Guy had passed the scene without offering to help, then they would​

A bailment is a sale of real property.​

Drexhage, speeding illegally, passed a car being driven safely by Dan Riley, and then swerved too closely in front of him. Riley reacted to avoid the collision he sensed by slamming on his brakes. His car skidded off the highway, spun around, and struck a heavy guardrail and post. He was injured and his car was badly damaged. Is Drexhage liable?​

A law that holds parents liable for the torts of their children committed while they are driving a motor vehicle is an exception to the rule that parents are not generally liable for the torts of their children.​

You discover personal property that is not yours. Which legal classification of the discovered property is most likely to allow you to be the new owner?​

A contract drafted by a dominant party and then presented to the other party-the adhering party- on a "take it or leave it" basis is called a(n) __________________ contract.​

The parol evidence rule holds that when persons have signed a contract as their final and complete expression of intention (integrated contracts), then neither party may introduce in court any evidence of prior or contemporaneous oral or written material that adds to or modifies that written contract.​

Which of the following would be a violation for a protected trademark's status?​

You are about to drive an automobile in a foreign country. Which of the following is a true statement?​