Q&A Hero

Q: In Custom Vehicles v. Forest River, Custom sued because Forest used the term "Work and Play" to describe a van they manufactured after Custom had registered the mark "Work-N-Play" to describe a vehicle they had built. The court found no trademark infringement because: A.Work-N-Play had not acquired a secondary meaning so as to qualify as a suggestive trademark. B.Work-N-Play was not distinctive enough to qualify as a fanciful trademark. C.Work-N-Play was not distinctive enough to qualify as an arbitrary trademark. D.Work-N-Play had not acquired a secondary meaning so as to qualify as a descriptive trademark.

Q: In Metro-Goldwyn-Meyer Studios v. Grokster, Ltd., Grokster claimed a fair use exception to the copyright infringement claim because their process was such that it was impossible for Grokster to know if the users of their device were infringing or not: A.the Supreme Court agreed that since Grokster could not have known whether infringement was occurring or not, that Grokster could not have been held liable either directly, indirectly or vicariously. B.the device provided by Grokster to its customers was capable of substantial non-infringing uses so the fair use exception articulated in the Sony case was met. C.Grokster was denied the fair use exception because the majority of their business model was dedicated to appealing to former Napster customers and the model showed intent to infringe on copyrights. D.Grokster was allowed to use the fair use exception because all of the music their device was designed to copy was already in the public domain and therefore not protected.

Q: Which of the following is not eligible for immediate trademark protection? A.fanciful trademarks B.descriptive trademarks C.arbitrary trademarks D.suggestive trademarks

Q: Lloyd and Harry both are claiming patent rights protection for inventions that they independently created. The rights to protection will be: A.the first to file for the patent. B.the first to have his application approved. C.the first who actually completed the invention. D.the first to bring it to the public realm.

Q: A trademark can be any of the following except a: A.word. B.symbol. C.formula. D.phrase.

Q: A patent holder should mark their product as patented in order to achieve the fullest protections. Each of the following is an acceptable means to mark the product except: A.writing the word patent on the item or its packaging. B.placing the patent number on the item or its packaging. C.writing pat. on the item or its packaging. D.placing a P in a circle on the item or its packaging.

Q: Trade secrets are protectable: A.for nine years. B.for seventeen years. C.for twenty three years. D.for as long as the company desires.

Q: A utility or business method patent will last for: A.14 years from the date of the filing of the application with the United States Patent and Trademark Office. B.14 years from the date of the approval of the application granted by the United States Patent and Trademark Office. C.20 years from the date of the filing of the application with the United States Patent and Trademark Office. D.20 years from the date of the approval of the application granted by the United States Patent and Trademark Office.

Q: A study published by the Harvard Business Review in January, 2000 found that intellectual property represents approximately ________ of an average firm's value. A.40% B.50% C.60% D.70%

Q: Zippo's is an on-line retailer of men's and women's clothing and fashion accessories. They maintain a list of their customers and their customer's preferences. This list could qualify as a trade secret.

Q: Misappropriation is a civil offense punishable by compensatory and punitive damages but is not a criminal offense in any state.

Q: Patent applicants often rely on trade secret laws to protect their inventions while patent applications are in progress.

Q: Igor is a brilliant chemist and one day decides to try and find out why Whipple Iced Tea tastes so good. Whipple advertises that they blend secret spices into their drink and those secret spices are a closely guarded secret. The recipe is kept in a safe which is kept in a vault at the home office and is guarded by two former Special Forces soldiers at all times. Igor, after weeks of analysis has discovered the recipe. Igor is guilty of misappropriation of the Whipple trade secret.

Q: A patent equates to a governmentally sanctioned monopoly right.

Q: Trademarks must be distinctive and cannot be classified as arbitrary or fanciful with no inherent relationship to the company's product or service.

Q: One significant benefit of obtaining a patent is that the cost to defend a patent is relatively minimal when compared to typical law suits.

Q: A trademark application to the U.S. Patent and Trademark Office that is rejected may still be entitled to trademark protection but not entitled to statutory benefits provided by law.

Q: United Parcel Service has determined that the fewer left turns their trucks make the more fuel they can conserve and the savings are significant. As a result, they have gone to great lengths to design and schedule delivery routes that primarily make right turns. This business method is patentable.

Q: Genericide occurs when a trademark has lost its distinctiveness and becomes a general term describing a type of product rather than a specific company's product.

Q: The rule of addition applies when someone creates something exactly like an item already patented but adds some sort of extra feature or improvement. That new extra featured item will not be considered a patent infringement.

Q: The doctrine of equivalence will negate the effect of the doctrine of omission if the new item performs substantially the same function as the already patented item.

Q: A process or procedure is not eligible for copyright protection.

Q: Your school or college has just received a specialized accreditation for which a lot of work has been done. This specialized accreditation is a great achievement. If the accrediting body takes a picture from your school or college's website and publishes the picture as a thumbnail along with a hyperlink to your school or college's website, on their site advertising or announcing the accomplishment, they are infringing on the picture's copyright.

Q: The only way to obtain protection for a trademark is by registering the trademark with the U.S. Patent and Trademark Office.

Q: Depending on the jurisdiction, computer software programs may be afforded protection under either copyright law or under patent law.

Q: Floyd has lived in his residence for three years when new neighbors move in. Soon afterward he starts to smell hideous odors emanating from the new neighbors home. It turns out that they have started a large compost heap that they plan to use as fertilizer for their spring and fall planting. Even with his windows closed and the air conditioning on, he can't stop the smell from permeating his home. If he files in court claiming a nuisance, what standard will the court use and how is it applied?

Q: What is the difference between the assignment of a lease and the subletting of a lease? How does each pertain to the rights and duties of the original tenant?

Q: Willie is selling his home. As he starts the moving process he is wondering what he may take with him and what he must leave behind. Assume that the contract doesn't specifically list individual items and simply says that he must leave all fixtures. In particular he is wondering if he can take the following: his brand new refrigerator; glued carpeting in his basement; the 5' by 7' handmade Oriental rug in his den and the shelving in his garage. Since you have taken a law class, he asks you for your advice. What should you tell him?

Q: In the event that a tenant breaches a duty owed under a lease, what are the possible remedies that may be available to the landlord?

Q: Manny, Moe and Jack are hunters. In 1990 they discovered what appeared to be a deserted hunting lodge in the woods. The lodge had no indoor plumbing, no running water and no heating system other than a fire place. The building is a one mile hike from the nearest road. Each year since 1990, they have returned to the lodge and used it as a base during the deer and elk hunting seasons which occur in the fall and winter months. They spend a total of six weeks a year using the lodge. They have cleaned the place up, cut and stacked firewood and even stored clothing inside when they weren't there. The owner of the lodge has noticed the stacked firewood but hasn't traveled to the lodge during hunting season to find out who is using the property even though he is disturbed that the property is being used without his permission. After the statutory period has run, have Manny, Moe and Jack acquired title to the property?

Q: Do you agree with the court's decision in Fontainebleau Hotel v. Eden Roc? Explain. Is this case the same as if your neighbor, who you don't get along with, builds a 40' fence on her property blocking air and light to your deck and swimming pool, claiming she's doing it for security and privacy?

Q: Dover is the State Capital of Delaware. The primary road that bisects the city is Route 13 which was, many years ago, a primary road for travel up and down the east coast. Route 13 as it goes through Dover is a four lane road with two lanes in each direction. There are no other major through roads. Due to an influx of industry both north and south of the city, along with increased population in and around the city, the two lanes of Route 13 are often clogged and very slow moving. Dover Downs attract over 100,000 NASCAR fans, and their vehicles, twice a year and a new convention center/hotel/casino has recently been built, attracting hundreds of visitors a day. The city wants to widen Route 13 but all land adjacent to the road is privately owned. What rights does the City of Dover have and what can the city do? Explain fully.

Q: What is meant by the concept that title to personal property and title to real property provides the owner a bundle of rights?

Q: X-mart has just purchased 100 acres of land in Happyville. The town, fearful of a huge chain store ruining the economy and putting local businesses out of business quickly passes an ordinance restricting the size of any new buildings to no more than 5000 square feet. The typical X-mart store averages approximately 100,000 square feet. Does the town of Happyville have the right to enact a zoning restriction of this nature?

Q: In the event that a landlord breaches a duty owed to a tenant, what are the possible remedies that may be available to the tenant?

Q: The Takings Clause is found in the Constitution's:A.First Amendment.B.Fifth Amendment.C.Eighth Amendment.D.Fourteenth Amendment.

Q: Mike is driving when he has an accident. Robin who is driving behind him sees the accident and stops to help. She pulls Mike from the burning car and administers CPR saving his life. Mike is a wealthy landowner and wants to reward Robin so he gives her a home with the understanding that when she dies, the home will go back to Mike or if Mike were deceased, to Mike's heirs. Mike has granted Robin a: A.fee simple. B.fee tail. C.life estate. D.fee simple defeasible.

Q: The act of taking away private property by the government is called: A.police powers. B.condemnation. C.eminent domain. D.easement.

Q: Assume that you are a freshman and live in your school's dormitory. The agreement you've signed with the school states that you may move in on September 1st and must vacate the room by May 31st of the following year. Should you wish to live in the dormitory during your sophomore year you must sign a completely new contract with the school. Your agreement with the school best approximates a: A.fee simple defeasible. B.periodic tenancy. C.tenancy for years. D.easement by grant.

Q: Mike asks his girlfriend Brandi if he could borrow her car. Brandi agrees to allow Michael to use her car for the day. A.an easement has been created B.a bailment has been created C.a leasehold has been created D.a fee simple defeasible has been created

Q: Bob has inherited a small home in Wyoming from his deceased Uncle George. Bob has no desire to live in Wyoming but he enjoys going up to his Wyoming property to fish for two weeks every fall and spring. George's lawyer has agreed to have the home secured when Bob leaves and to have it opened when he's planning to visit. George's lawyer, without asking or informing Bob, has suggested to his freeloading brother Alan and Alan's wife Judith that they stay at Bob's Wyoming place and simply vacate just before Bob shows up which they do. They live there acting like the owners for forty-eight weeks every year. The statutory period for adverse possession in Wyoming is ten years. After twelve years Alan and Judith file for ownership under Wyoming's adverse possession statute. A.Alan and Judith will be successful because they have lived there for over the required ten years B.Alan and Judith will be successful because they have lived there for over the required ten years and they were open, notorious and visible C.Alan and Judith will not be successful because one cannot become the owners by adverse possession if you are there without the owner's permission D.Alan and Judith will not be successful because their control of the property was not exclusive or continuous

Q: Mia has written a deed that says, "To Chelsea for life and upon her death, the property shall go back to me." What kind of interest does Mia have in the property upon Chelsea's death? A.a repudiation B.a redemption C.a reversion D.a retention

Q: The power of a municipality to pass zoning ordinances stems from: A.the common law. B.federal statutes passed by Congress. C.statutes passed by the state legislature. D.police powers.

Q: Penny is renting an apartment from Albert. Every time Penny flushes the toilet the toilet overflows and she must clean and mop the floor of her bathroom. She has complained numerous times but Albert will not fix the problem. Albert is breaching Penny's right to: A.habitability. B.quiet enjoyment. C.possession. D.fair use.

Q: Bridget is the tenant in an apartment in New York and her lease expires in three months. She expects and wants to renew the lease once it expires. Her employer has assigned her to a two month assignment in Hawaii. She doesn't want to lose the apartment so she checks and finds that the lease does not prohibit an assignment of the lease or a sublet of the lease. She is worried that if she assigns or sublets and the person who moves in doesn't pay she may suffer consequences. A.if she assigns the lease she will not be liable for payment if the assignee doesn't pay but she would be liable on a sublease should the subleasee not pay B.if she subleases she will not be liable for payment should the sublease not pay but she would be liable on an assignment should the assignee not pay C.she will be liable whether she assigns or subleases should the assignee or subleasee not pay D.she will not be liable whether she assigns or subleases should the assignee or subleasee not pay

Q: Riparian rights have to do with: A.water rights. B.airspace rights. C.subsurface mineral rights. D.leasehold rights.

Q: Howard has fulfilled his residential lease and has moved out of his apartment. The landlord, depending on the state, has between ________ to act on Howard's security deposit. A.15 and 15 days B.15 and 30 days C.15 and 45 days D.15 and 60 days

Q: Tracy has agreed to lease a home from Henry for nine months at a monthly rent of $1,000 per month. A.this lease must be in writing because it pertains to real property B.this lease must be in writing because it is for more than $500 per month C.this lease must be in writing because the law requires leases to be written regardless of duration or cost D.this lease may be oral

Q: In Automotive Supply Co. v. Scene-in-Action, Scene rented a commercial space from Automotive. Soon after taking possession of the premises the heat started malfunctioning for hours at a time with the temperature dropping to below 50 degrees. After numerous employees stopped coming to work due to cold and illness, Scene moved out, claiming a constructive eviction. A.because Scene was a commercial tenant they were not afforded the same rights as would be given a residential tenant and they were found to be breaching the lease B.the court determined that the cold was not so bad that it affected Scene's right to habitability and beneficial use so they were found to be breaching the lease C.Scene would have had the right to claim a constructive eviction had they vacated the premises immediately after the problem arose but since they didn't do so, remaining despite of the problem, they waived the right to claim a constructive eviction and were found to be breaching the lease D.Scene was entitled to vacate the premises within a reasonable amount of time and was not required to vacate immediately

Q: Chuck is renting an apartment and he has a problem. All night he hears the scurrying around of rodents and each morning he finds cereal boxes and other cardboard food containers gnawed at. He has also noticed droppings all over the apartment including in the children's nursery. He has complained to the landlord who simply replies, "Hey, this is center city, everybody has a rat problem." Landlord is breaching Chuck's right to: A.possession. B.quiet enjoyment. C.continuous control. D.habitability.

Q: Joey owned three homes in three different states. He tells Monica that she can live in his Iowa home until he decided to start using the home again in the future. Monica moves in and lives there for thirteen years when Joey calls and says that he wishes to start using the home and that she must move out. Monica tells Joey that the statutory period for adverse possession in Iowa is ten years and that she is now the owner. A.Monica owns the home because she was open, notorious, visible, continuous and exclusive and lived their more than the ten year requirement B.Monica owns the home because she was there with Joey's permission and had not broken the law C.Joey owns the home because he did show up after thirteen years to claim the property D.Joey owns the land because Monica was not adverse or hostile because she was there with his consent

Q: In 2006, Martin purchased a home in a residential development and in 2010 he sold it in fee simple to Richard. A week after Richard moved in the local cable company came to his door to inform him that they would start digging up his yard to install underground cable for the neighborhood. When Richard objected he was told that they had a right to do it and he should check with his lawyer. A call to the lawyer confirmed the right of the cable company to enter his land and dig. Which of the following would have given the cable company this right? A.an easement by grant B.an easement by prescription C.an easement by necessity D.an easement by implication

Q: The right to take away private property for the public good or for public use is called: A.police powers. B.condemnation. C.eminent domain. D.easement.

Q: In Fontainebleau. Eden Roc, the Eden Roc Hotel sued the Fontainebleau Hotel when Fontainebleau began erecting a fourteen story addition to their premise that they claimed blocked air and sunlight from their pool and sunbathing areas. The court determined: A.blocking the air and sunlight constituted a nuisance so the building could be stopped. B.the English law doctrine of "ancient lights" applied only if the building caused a dangerous circumstance to occur but not if the building only causes a nuisance. C.the building could be erected only if it could be shown to be useful and beneficial as long as it is not being erected out of spite to knowingly harm the plaintiff. D.the building could be erected if it could be shown to be useful and beneficial even if it may have been erected partly for spite to knowingly harm the plaintiff.

Q: Which of the following is used to separate and keep apart commercial, residential and industrial properties? A.eminent domain B.variances C.easements D.zoning

Q: Each of the following is personal property except: A.a car. B.a house. C.a computer. D.business inventory.

Q: Which of the following is intellectual or intangible property? A.oxygen B.copyrights and patents C.a car D.a tree

Q: Which of the following is not a potential right a tenant has should a serious dispute arise with the landlord? A.claim a constructive eviction B.withhold rent and remain on the premises until the dispute is resolved C.pay rent into escrow and remain on the premises until the dispute is resolved D.terminate the lease and sue the landlord for damages

Q: Sophie is renting a home from Robert. There is no written lease and the agreement is that Sophie will pay rent on the first of every month. Either party may terminate the agreement with thirty days notice. Sophie has a: A.life estate. B.periodic tenancy. C.tenancy for years. D.easement by grant.

Q: Brad has left 50 acres of land to the First Church of Magnolia with the condition that they shall own and have rights to it forever, however, should they ever permit alcohol to be served on the premises, the property would immediately go back to Brad or if Brad were deceased, to his heirs. Brad has granted the church a: A.fee simple. B.fee tail. C.life estate. D.fee simple defeasible.

Q: Professor Smith has placed an ad in the school newspaper advertising a lap top computer for sale. Janice is in Professor Smith's econ class and approaches Smith during office hours and purchases the computer. Professor Smith has been at the school for over ten years and is popular with students and faculty. The price Janice pays is just a bit below the fair market value of the computer. Six months later, the police come to Janice's home and inform her that the computer was stolen. A.Janice may keep the computer because she bought it in good faith and had no reason to believe that it had been stolen B.Janice may keep the computer if the state statute regarding ownership by possession of personal property had run C.Janice will lose the computer because she had a duty to verify that Professor Smith was the rightful owner of the computer D.Janice will lose the computer because she can not obtain good title to stolen goods

Q: An easement written in a deed is called an: A.easement by necessity. B.easement by grant. C.easement by implication. D.easement by prescription.

Q: Which of the following would not be considered a real estate fixture? A.an area rug laid out in the living room with double sided tape to keep it in place B.a chandelier hanging in the dining room C.a dishwasher installed under a kitchen countertop D.wood paneling in the den

Q: It is possible to be in rightful possession of personal property without having actual ownership of the property.

Q: George has assigned the lease on his apartment to Brad for a six month period. Three months later, the apartment is infested with cockroaches. When Brad complains to the landlord, the landlord informs him that his agreement is with George and only George has the right to enforce habitability and quiet enjoyment complaints. Brad must have George make the complaint to the landlord.

Q: Zoning is generally done at the state level through statutes passed by the state legislature.

Q: If the tenant stops paying rent and ignores the landlord's demands, the landlord may constructively evict the tenant ending the lease agreement.

Q: The government must pay when it exercises its right of eminent domain.

Q: Lee has rented an apartment two blocks from a busy airport. After a month of hearing planes passing by the premises at all hours he may properly inform the landlord that he is vacating the apartment immediately because his quiet enjoyment of the renal has been breached.

Q: Mike and Kathy have a live Christmas tree in their home. This tree is real property.

Q: Title to commercial real estate is conveyed through a contract while title to noncommercial real estate, such as private homes, is conveyed through a deed.

Q: In Kelo v. City of New London, the court permitted the use of eminent domain to take property to be given, in part, to private individuals and companies for those individuals and companies to develop the land for the benefit of the city and its citizens.

Q: The most common way for commercial real estate to be transferred is by inheritance.

Q: In a bailment, the title to the goods stays with the bailor.

Q: Alice has inherited twenty-one acres of land in Alaska. Since she has no urge to visit Alaska she has never seen the land. Ron and Jane have moved onto the land and erected a home. They have started using the land and have even fenced much of it in. There is no mortgage on the land and Alice doesn't receive a tax bill because Ron and Jane pay the yearly taxes. After the statutory period in Alaska has run, Ron and Jane would become the owners of the land.

Q: A life estate gives the owner more rights than a fee simple.

Q: Unless very extreme circumstances are shown, the tenant's right to habitability will be more strictly enforced in residential leases than in commercial leases.

Q: When an adverse possession of real property occurs, title to land transfers without the delivery of a deed from the former owner to the new owner.

Q: The law tends to provide more protection to residential tenants than it does to commercial tenants.

Q: A fee tail is an ownership interest in land, recognized in only a minority of states, which limits succession of the property to members of the owner's family only.