Final Exam Flashcards
A design patent
All of the above
Examples of trade dress include
Shape of coke bottle
Under copy right law the doctrine under works for hire include
Does within scope of employment, the employer is the author
A statutorily secured monopoly right that is issued to inventors of useful new processes is know as
Patent
How long copyright last?
Authors life + 70 years
Infringement of a mark occurs when
Person without authorization uses identical mark cause confusion and deceive
A mark distinctive enough to clearly identify the origin of the goods and services can be protected under
Lanham Act
Plants patents have these elements
A,C,D
Which activity is an unfair employer practices , under national labor relations act
All of the above
Unequal wages for opposite sex demonstrated by employee, employer must prove why
All of the above
Plant Patents
for a new and distinctive variety of plant. term which begins on the date of the patent’s grant and ends twenty years from the date of application
Judaical limitations on the employment at will doctrine are based on
All of the Above
Trademarks are protected under what law?
Lanham Act
Can “neutral rules” in an employment context be prohibited under Title VII of Civil Rights Act?
Present Effects of Past Discrimination
Disparate Impact
Who administers fed unemployment compensatetion laws
the States
Prohibited under Civil Rights Act
Disparate Impact
Adverse hiring decisions violate the Civil Rights Act
Disparate Treatment(uses a critera to make employement decision) Present Effects of Past Discrimination (its face is “neutral,” but that actually perpetuates past discriminatory practices) Disparate Impact (employer adopts “neutral” rules that adversely affect a protected class and that are not justified as being necessary )
A judicial lien against a partner’s transferable interest
Creditors’ Rights – A partner’s interest in the partnership is subject to the claims of the partner’s individual creditors, who may obtain a charging order against the partner’s interest.
Limited Liability Companies
non-corporate form of business organization that provides limited liability to all of its owners (members), permits all of the members to participate in management of the business, and if properly structured, will be taxed as a partnership.
Limited Liability Companies member rights
Profit and Loss Sharing – allocated on the basis of the members’ contributions.
Distributions – Of cash or other assets; determined by the operating agreement or allocated on the basis of the members’ contributions.
Withdrawal – A member may withdraw and demand payment of her interest upon giving the notice specified in the statute or the LLC’s operating agreement.
Management – Unless agreed otherwise, each member has equal voice in the management. May be managed by one or more managers who may or may not be members.
Voting – Determined by LLC statutes, unless determined by the LLC operating agreement
Derivative Actions – A member may bring an action to recover a judgment on behalf of the LLC if the managers or members with authority refuse to do so.
Assignment of LLC interest – Generally, a member may assign only financial interests; to gain other rights, assignee must become a member of the LLC by being admitted by all remaining members.
What should a limited partner do if the Certificate of Formation he signed is filed in the wrong office?
the limited partners’ limited liability may be jeopardized. Upon learning of a defect in the formation of the partnership, limited partners will not lose their limited liability protection if they promptly withdraw from the business and renounce their interest in the profits.
