Exam 13: Real, Personal and Intellectual Property

A "passing off action" prevents a person from misleading the public into thinking it is dealing with some other business and applies whether or not a registered trademark is involved.

When a landlord seizes property left by the tenant and holds it until the rent is paid, or sells it to pay rent owing, this is referred to as

A gratuitous bailment can occur when someone borrows an item from a neighbour.

In order to successfully sue someone for violation of trademark, what must be established?

With regard to real property law, which one of the following is true?

In Baker Petrolite Corp. v. Canwell Enviro-Industries Ltd., Canwell developed a chemical formula that it began selling. Just over a year later, it applied for a patent. What was the result?

Distinguish between copyright and patent.

Harry's lawn mower ceased to work, and in order to get the lawn mowed, he borrowed his neighbour's lawnmower. Which one of the following is correct with respect to Harry's responsibility in relation to that lawn mower?

Lodown Ltd., a company created by Mr. Day, became very successful over its ten-year history. The company was run by Day, as president, and three vice-presidents (Martin, Mull, and Rand) who made up the executive board. At their last meeting, Mr. Day announced that he had confidential information to share with them, namely, that his wife was terminally ill, that he was withdrawing from active management for an indefinite period of time, and that he would transfer his responsibilities to Martin. Rand repeated this information to others, and by doing, so he caused the company to lose a lucrative contract being negotiated and caused Day personal embarrassment and monetary loss in his personal affairs. On these facts, which of the following is true?

If someone stores goods on your property without permission, and you exercise no control over those goods, there is no duty to take care of them.

Which of the following is true with regard to obtaining a patent?

Explain what is meant by a landlord's obligation to provide quiet enjoyment.

Which of the following is true with regard to the copyright law in Canada?

Which of the following is essential for a work to have copyright protection?

A person can only bring a passing off action where there is no registered trademark involved.

In Boudreau v. Lin, a professor published a student's paper without giving the student credit. What did the Court find?

In Spycher Estate v. J.L. Coulter Ltd., a mobile home was damaged while being transported by a hired trucking company. What did the Court of Appeal find?

Which of the following is false with regard to trademark?

One of the important features of residential tenancies is that the parties are free to override the provisions of the various residential tenancies acts by clearly doing so in a written lease agreement.

Which of the following statements is correct with respect to the creation of a bailment?