Lanham act claims Study guides, Class notes & Summaries

Falwell was unable to prove his libel claim against Hustler because: correct answers he was lacked proof of actual injury. In the Hustler case, the Supreme Court ruled that public figures and public officials: correct answers can never recover damages for the tort of emotional distress According to the Snyder court, speech deals with matters of public concern when it: correct answers relates to any matter of political, social or other concern to the community The trial court said the Ph...

JOMC 486 Final Exam Notes Transformative-Use Test -When a work contains significant transformative elements it is worthy of First Amendment protection and is less likely to interfere with the interests protected by right of publicity -Determining whether a work is transformative involves examining five factors No-Real-Relationship Test -Central question is whether the use of the celebrity's persona is artistically relevant to the defendant's work -If so, the use is protected, so long a...

Business Law for Accountants - D216 Western Governors University WGU Final guide with complete soluti Scienter Answer - A person has knowledge of wrongdoing and intent of wrongdoing Sox act of 2002 Answer - created the public company accounting oversight board, It states high level managers (CFO, CEO, Senior roles) must maintain an effective system of internal controls. Internal controls get checked by senior management annually Outside Directors Answer - oversee the accounting process...

JOMC 486 Final Exam Notes Transformative-Use Test -When a work contains significant transformative elements it is worthy of First Amendment protection and is less likely to interfere with the interests protected by right of publicity -Determining whether a work is transformative involves examining five factors No-Real-Relationship Test -Central question is whether the use of the celebrity's persona is artistically relevant to the defendant's work -If so, the use is protected, so long a...

JOMC 486 Final Exam Notes Transformative-Use Test -When a work contains significant transformative elements it is worthy of First Amendment protection and is less likely to interfere with the interests protected by right of publicity -Determining whether a work is transformative involves examining five factors No-Real-Relationship Test -Central question is whether the use of the celebrity's persona is artistically relevant to the defendant's work -If so, the use is protected, so long a...

Falwell was unable to prove his libel claim against Hustler because: - ANSWER-he was lacked proof of actual injury. In the Hustler case, the Supreme Court ruled that public figures and public officials: - ANSWER-can never recover damages for the tort of emotional distress According to the Snyder court, speech deals with matters of public concern when it: - ANSWER-relates to any matter of political, social or other concern to the community The trial court said the Phelpses could be held ...

The fair use doctrine denies portions of patented materials to be used without permission under any circumstance. - False Which of the following claims as its invention some feature or process embodied in instructions executed by a computer? - Software Patent Which of the following increased trademark and copyright enforcement and substantially increased penalties for infringement? - Prioritizing Resources and Organization for Intellectual Property (PROIP) Act A patent is a grant of a prop...

JOMC 486 Final Test with Questions and Answers. Falwell was unable to prove his libel claim against Hustler because: - ANSWER-he was lacked proof of actual injury. In the Hustler case, the Supreme Court ruled that public figures and public officials: - ANSWER-can never recover damages for the tort of emotional distress According to the Snyder court, speech deals with matters of public concern when it: - ANSWER-relates to any matter of political, social or other concern to the community Th...

FTC policy on deceptive advertising: - ANSWER-1. There must be a representation, omission, or practice that is likely to mislead the consumer 2. The act or practice must be considered from the perspective of a reasonable person 3. The deception must be material McNeil v. Pfizer - ANSWER-A company launched an advertising campaign for Listerine Mouthwash, in which it was implied that listerine is as effective at fighting plaque and gingivitis as floss. A competing floss company sued for false...

JOMC 486 Final Exam Notes Transformative-Use Test -When a work contains significant transformative elements it is worthy of First Amendment protection and is less likely to interfere with the interests protected by right of publicity -Determining whether a work is transformative involves examining five factors No-Real-Relationship Test -Central question is whether the use of the celebrity's persona is artistically relevant to the defendant's work -If so, the use is protected, so long a...