question and answer

Session 12

Part 1
A trademark is word, phrase, symbol or design, or a combination of any, which serves to distinguish the goods of one enterprise from another. To register a trademark, you should first check that it has not been registered by another entity. If not, you should proceed to register with the registrar of trademarks (Blackett, 2016). A patent, on the other hand, is the right to an invention granted by the authorities. For an invention to be patented, it should have a useful purpose, is non-obvious, is novel and has patentable subject matter.

An infringement is a violation of a law, a rule or a right.Remedies could include payment to the owner of profits the infringer has received or losses incurred by the owner, court order restraining the infringer of further use of the infringement, attorney’s fees or confiscating and destruction of infringing activity.

A copyright is a legal right to ownership of intellectual property. It lasts throughout the life of the author and an additional seventy years after the death of the author.

Licensing is the granting from authority to own or use something, carry out a trade, or use a particular item. A license is normally given by the authorizing party to the holder as an element of agreement, in return for a fee.

The SCGMA (Stop Counterfeiting in Manufactured Goods Act) is a law that was signed in 2006 to strengthen statutory remedies for counterfeiting and also close loopholes in the existing statue. It requires that counterfeit goods be destroyed and that any property used for counterfeiting be forfeited (Feagle, 2019).

The drawee bank is responsible for any loss if it pays a forged check. If they do not detect a forgery, they will have to reimburse the drawer for the forged amount. In case it is detected, the payee will not be able to receive payment.

Designation of banks refer to the various job positions within banks. They include branch manager, bank tellers, bank marketing representatives, internal auditors, loan officer and data processing officers.

Electronic fund transfers refer to the use of computer-based systems to transfer money from one entity to another. They include Automated teller machine transactions, Phone payments, Electronic checks, Cars transactions and Internet transactions.

E-money refers to the currency that is electronically stored in digital databases and electronic systems to ease electronic transactions. On-line transfers on the other hand refers to the act of moving money between accounts electronically.

Injective relief is the restraining from performing certain acts or acting in a specific way. Mattel, Inc. will be successful because Jcom, Inc used the term “Barbie’s Playhouse” as well as the background color used by plaintiff that are identical to those used by Mattel, Inc. for packaging their products. Jcom, Inc. also used a doll figure similar to the form of a Barbie doll in their website that is used by Mattel, Inc.”

Part 2


12 Discussion 2 

A trademark is a name or emblem that identifies the owner and establishes the company’s reputation for offering unique products and/or services. The trademark dilution act of 1995 amended the Lanham Act to allow you to sue in federal court for marks that may dilute or confuse anyone about your name. When another person’s corporate use of the famous Mark starts after the first Mark has become well known, the Act gives relief to the owner of the famous Mark. Its characteristics are eroded or diluted as a result of subsequent use. When a brand’s image deteriorates, it’s called “brand erosion.”

1. The trademark is well-known.
2. The subsequent user of the mark has used it commercially.
3. The subsequent user of the mark after it became famous.
4. Using the mark by the subsequent user caused dilution.

Since of trademark dilution, the district court ruled in favor of Coca-Cola and granted an injunction prohibiting Koke from using the name Koke. The appeals court reserved its decision. The United States Supreme Court upheld the district court’s decision and overturned the appeals court’s decision. The case would have ended differently if Coca-Cola had labeled its product as a cocaine-containing item, since the 1906 Food and Drug Act permitted the drug’s use in consumer products. The manufacturers of Coca-Cola may have been criminally responsible under federal agency regulations since the case was settled in 1920. Coca-Cola will also face allegations of misleading advertising for trying to misrepresent the product to the general public. Since the problems at hand concerned trademark, the case would have been resolved the same in terms of trademark illusion.”
Part 3



Explain the Basis of Tort Law; what are the damages available in tort actions?

Tort law refers to malicious acts committed against a business entityThese acts could be due to negligence, recklessness, or intentionally. Torts usually lead to financial losses in a business if not handle properly.

Discuss Tort Reform. What the measures offered to reduce tort cases that are  suggested?

Tort reform refers to legislation aimed at reducing litigation. The laws are usually targeted at a particular industry, such as engineering. Although the states have passed most tort reform in most countries, the federal government has also given some legislation. Some of the measures offered to reduce tort cases include eliminatingjoint and several liabilities on the property and limitingnon-economic damages such as destruction of property.

Explain Federal reform and State Reforms. Is reform necessary? Why?

The federal government changes rules and regulations by providing new legislation and introducing new regulations to enforce it. Oversight agencies like the Inspector General and the Government Accountability Office propose reforms. Legislative change is changing and shaping the practices over time to represent the societal feature that society considers crucial. The policy isn’t going to stand still… If the rule is to remain important in a changing world, it must change.

Explain Abusive or Frivolous Litigation.

Frivolous litigation refers to any rule that is imposed to disturb or annoy another party in a business. Frivolous litigation is disadvantageous to an organization because when false allegations are filed against a company by another company with no robust evidence, the company filling the might be sued, ending up using funds not located for the organization’s case, causing unnecessary losses.

What is Wrongful interference?

Intentional interference with written contracts is referred to as malicious prosecution in law.

Explain the requirements for Fraudulent Misrepresentation?

Fraudulent misrepresentation refers to when business parties engage in business contracts using false credentialsto convince another business entity. Fraudulent misrepresentation may lead to high fines or closure of a business, depending on the court rulings. For a representation to be considered fraudulent, the following elements should be proved in a lawsuit; The representation was false or recklessly done without knowing its truth. The other party suffered damages as a result of relying on the representation.

Discuss Torts Against Property.

Torts against property include trespass, nuisance, and conversion. Trespassing on land is an unintentional violation of private property. A nuisance is a non-physical trespass that interferes with the use and enjoyment of property in an unfair and significant way. On the other hand, conversion is a tort that is similar to trespass to chattel. Both cause a defendant to infringe on another’s right of personal property ownership.

Was the appellate court correct in this ruling? Why? What was the defense that was offered by the respondent (and alternate term for the defendant; another term is litigant, which can be used for both the plaintiff and defendant. The plaintiff may also be called the claimant)? Do you think that the ruling would have been different if, indeed, it did involve a minor rather than an adult? What might be the ramification if spectators could recover damages for injuries that are sustained at sporting events?

Taylor claims that the prosecution must prove in rejecting her judicial review allegations against the Mariners. She argues that there are material fact concerns about whether the Mariners’ warm-up procedure was negligent and whether she perceived the danger of being hurt by an errant pass. Taylor, however, claims that she could not have predicted an overthrow since an overthrown ball had ever hit no one connected with the Mariners during long toss. The reality that no one was hurt demonstrates that long toss does not pose an unreasonable risk. It does not facilitate Taylor’s claim that she did not consider the possibility of turnovers. The ruling was not genuine because no one was injured, and therefore no one was to be sued.

Part 4

disscuion 2


An unintentional tort is a form of accidental accident that causes bodily harm, property destruction, or loss of money. In the case of an unintentional tort, the individual who caused the accident did so inadvertently and typically due to a lack of caution. To succeed in court, negligence claims must establish four elements: duty, breach, causation, and damages/harm. In general, when someone acts recklessly and injures another individual, the careless individual is legally responsible for any resulting damage under the legal rules of negligence. To defend against a negligence suit, the defendant will attempt to disprove one of the plaintiff’s claims. Contributory negligence, comparative fault, and assumption of risk are three of the main ideologies.

In ordinary negligence cases, the court considers if a person acted in less than sensible ways, such as failing to shovel the snow after a storm, which creates a slippery walking surface. This is known as the Reasonable Individuals Test, and it simply compares an act to what a reasonable person will do. The four-step to determine the defendant’s negligence are as follows: In this case, did the defendant have a duty? Did they fail to fulfill their responsibilities? Was the plaintiff harmed due to the defendant’s actions? What was the total extent of destruction?. The Good Samaritan law prevents innocent people who assist people who they believe are damaged or at risk. Strict liability refers to the idea that causes legal responsibility for risk or injuries even if the individual was found responsible or did not act with fault or negligence. 

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes:

<a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>