BULW 301 UTK Final Latest Update 2024-2025 Actual Exam from Credible Source with 125 Questions and 100% Verified Detailed Correct Answers Guaranteed A+ Approved by Professor
Arbitrary - CORRECT ANSWER: Common words used in uncommon ways (Apple)
Copyright Protection - CORRECT ANSWER: o Available to original works of authorship fixed in any tangible medium of expression.
- Automatic once work is fixed in a tangible medium
- Does not require that work to be registered with U.S. copyright office
- Length of copyright protection for works created after 1/1/78 is the life of the author
plus an additional 70 years.-For copyrights earned by publishing houses: 95 or 120 years from date of publication
Damages in Tort Law - CORRECT ANSWER: Compensatory
o Special: things that aren't quantifiable
o General: Pain and Suffering, emotional distress, etc.
Punitive
- Designed to punish and deter wrongdoing
Defenses to Negligence - CORRECT ANSWER: o Failure to establish elements
- Assumption of Risk 1 / 3
-Knowledge of risk -Voluntary assumption of risk
- Comparative fault
-P&D's negligence is weighed against each other and damages awarded to plaintiff proportionally.
- Contributory Negligence
-Any negligence by plaintiff acts as a complete bar to recovery. (they will receive no money)
- Superseding Cause
-Unforeseen event that breaks the chain of causation (act of god event)
Descriptive - CORRECT ANSWER: Descriptive: Describes product or company, includes geographic terms & family names, won't receive TM Protection unless it acquires Secondary Meaning
Secondary Meaning: when customers associate term or phrase with an item or
company (London Fog)
Fair Use Exception - CORRECT ANSWER: o Allows for unauthorized use of
copyrighted material without penalty.
- In deciding whether fair use exception applies, a court will consider 4 factors
- / 3
-What is the nature and purpose of original copyrighted work?-What are you using the copyrighted work for? (Satire & Education good, for profit bad) -How much of the original work is being used?-Is there an effect on the original work?
False Imprisonment - CORRECT ANSWER: restraining an individual or restricting an individual's freedom for any length of time
Generic - CORRECT ANSWER: Refers to entire class of products receives no
protection unless it acquires secondary meaning (Desk brand desks)
Inherently Distinctive/Fanciful - CORRECT ANSWER: Strongest mark, likely to receive automatic protection. (Clorox, Rolex)
Intentional vs Negligence Tort - CORRECT ANSWER: o For intentional, intent is defined as the defendant knew or should have known a specific result would occur based on their actions
o Assault: the threat of imminent physical harm
o Battery: offensive or unwanted physical contact
Legal Standards for Trademark Status - CORRECT ANSWER: o Distinctive: denotes origin
o Functional: denotes use
Negligence - CORRECT ANSWER: o Duty: Defendant owed the plaintiff a duty of care.Duty of care is the acceptable standard of care associated with your profession, negligence within a certain profession.
o Breach of Duty:
o Causation: 2 Elements of Causation
-Cause in Fact: "But for" causation
-Proximate Cause: was this injury reasonably foreseeable?
- Damages: Emotional, physical, or economic injury
- / 3