Basics

Question 1

TRO

Answer 1

(temporary restraining order) sought through an order to show cause; can force someone to have to perform; duration of the case; order to show cause indicates duration of TRO.

Question 2

injunction (PRO)

Answer 2

(PRO, permanent restraining order) reinforces certain behavior of infringing party (typically, lasts 5 years); NOT ACTUALLY PERMANENT – typically, puts a business out of business, making the injunction permanent in a different sense.

Question 3

attachment

Answer 3

a portion of the legal proceeding to seize assets claimed to be the product of unjust enrichment of the infringing party (lis pendens: seizes real property from the infringing party).

Question 4

summary judgement

Answer 4

a motion that is filed by either plaintiff or defendant; a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Such a judgment may be issued on the merits of an entire case, or on discrete issues in that case.

Question 5

intellectual property

Answer 5

copyrighted or patented materials.

Question 6

servicemark

Answer 6

associated with a service.

Question 7

trademark

Answer 7

provides notice to an individual that the good, logo, etc. are accounted for.

Question 8

copyright infringement

Answer 8

public use: determines priority and assignment of trademark; lack of confusion

Question 9

territory similarities

Answer 9

if a band becomes popular, its identity might infringe on less popular bands, which is grounds for a lawsuit; memorialize the agreed upon name.
Departing member clause. forfeit of all rights to the name of band.

Question 10

departing member clause

Answer 10

forfeit of all rights to the name of the band

Question 11

UDRP

Answer 11

uniform domain-name dispute resolution policy (does not require legal action filing to dispute)

Question 12

ACPA

Answer 12

anti cyber-squatting protection act (requires filing of legal action in court, recommended that it be federal court (N,S,E,W, Supreme)).

Question 13

trademark registration

Answer 13

Register trademark in residence, not domicile.

Question 14

residence

Answer 14

place that a person plans on living in for an indefinite amount of time.

Question 15

domicile

Answer 15

place that a person temporarily lives in.

Question 16

notice of intended use

Answer 16

pre-emptive protection for processes, logos, etc. used often by pharmaceutical companies.

Question 17

foreign registration

Answer 17

reciprocal nature, identified by US registration/filing date; “relation-back doctrine” (common with neighboring countries, e.g. Canada, Mexico).

Question 18

court of general jurisdiction

Answer 18

can handle any case without discrimination (no prerequisites for subject matter) includes Supreme and N, S, E, W district courts; in personum jurisdictional; geographic jurisdiction (domicillary, residence), in personum jurisdiction; local courts cannot handle felonies or large suits, civil suits are issued by a summons and a complaint.

Question 19

in personum jurisdiction

Answer 19

geographic jurisdiction (domicillary, residence)

Question 20

order to show cause

Answer 20

must be signed a judge; is used when relief is necessary; provides temporary relief from harm; preponderance of evidence standard (not guilty beyond reasonable doubt).

Question 21

sole proprietorship

Answer 21

business owned by one person; taxable; absolute liability (usually file taxes under personal social security number); least amount of paperwork necessary, easiest to begin, operates as “doing business as”; contractors are often DBA’s; file DBA, get notice, and hopefully get a business license; can contact IRS for EIN# for taxes or just use social security number; worker’s compensation, work insurance fees are to be paid by the sole proprietor for any employees taken on.

Question 22

partnership

Answer 22

an association of 2 or more people conducting a business on a continuing basis as coowners for profit; DO NOT NEED a partnership contract, although it is highly recommended; can specify profit distribution (or else, assumed to be 1/n per person for n persons); can also specify obligations.

Question 23

joint partnership

Answer 23

for a limited purpose

Question 24

limited partnership

Answer 24

financing vehicle to fund identified business

Question 25

fiduciary duty

Answer 25

obligatory duty imposed on an individual due to a business situation; e.g. lawyers have a fiduciary duty to withhold information about clientel.

Question 26

corporation

Answer 26

separate legal entity created under state law in which it is established and recognized by law; can be owned by one or more people or can be traded publicly; raise money through the sale of shares to purchase real property, capital, etc.

Question 27

LLC

Answer 27

equal voting – like partnership; member-managed: members have agency and authority to make management decisions; low taxes; liability distribution is similar to corporate structure.

Question 28

contract structure

Answer 28

preamble; covenance; subcontracter covenance; mutual covenance.