Exam 13: Real, Personal and Intellectual Property

Joe wanted to start up a restaurant business, did some research, and found out McDonald's had not properly registered its trademark, the golden arches, in his particular area. Joe used a similar pair of arches over his restaurant and started business. Explain any danger he might face.

If Sam buys the fee simple, which of the following is true with regard to his rights?

After saving his money for years, Taylor was finally able to buy property with a small house and a lake. Which of the following is false?

If a copyright owner has grounds for believing that a person is infringing his copyright, but fears that the infringer may destroy the evidence, the owner could go to court to get an Anton Piller order, which would allow him to search and seize the evidence.

When a person buys property but under the title is prevented from building certain types of structures or carrying on certain types of activities at that location, this is called what?

Candice tells you she has "sublet" her property. What does this mean?

In Harvard College v. Canada (Commissioner of Patents), Harvard College sought protection for a genetically altered mouse. What was the result given the decision of the Supreme Court of Canada?

The Patent Office will conduct a search of patent records for you to determine that the invention is original and unique.

Joe was walking in a park and found a watch. He took it to the City's Lost and Found, but it was not claimed. Three years later, Joe went to this Lost and Found and asked for the watch and was told that the watch was a property of the City. Explain Joe's legal position in these circumstances.

Which of the following is false with regard to condominiums and cooperatives?

Explain how trademark protection is obtained.

Explain what rights a copyright holder has in relationship to the work.

Discuss the various remedies that are available and their effectiveness when intellectual property such as copyright and patent are interfered with.

Discuss how the common law protects intellectual property. In your discussion, indicate why it was necessary to introduce statutes in some areas.

Which of the following is false with regard to the law of landlord and tenant, lessor and lessee?

Which of the following is true with regard to real property law?

In 2011, Jonah sold a building to his two married sons: Bert, and Charles. In 2012, Charles was thinking of severing the joint tenancy, but before anything was said or done, Charles and Bert both drowned in a boating accident. Charles died immediately, but Bert died two months later, never having regained consciousness. Charles had willed his interest in the property to his wife and Bert had willed his to his son. On these facts, which of the following is true?

Moral rights means that the creator has the right not to have the work changed in such a way as to diminish or degrade it.

If I grant my grandma a life estate and she asks about her rights and duties as a life tenant, which of the following is true?

Discuss how the normal rules in relationship to residential tenancies have been modified in your jurisdiction by statute, and discuss the effectiveness of such changes in terms of the objectives of the statutes.