Final Kahoot

Question 1

what is the key question that determines whether a monopoly is improper?

Answer 1

how did the company acquire or maintain its control?

Question 2

which statute imposes civil liability for trade secret theft?

Answer 2

Uniform Trades Secrets Act

Question 3

Uniform Trade Secrets Act

Answer 3

Statute applied to interstate commerce

• Applied to the misappropriation of trade secrets
• Defines trade secret, proper versus improper means of obtaining, misappropriation, and relief.

Question 4

economic espionage act

Answer 4

law enacted to combat both foreign and domestic trade secret theft, criminalizing the theft of trade secrets and providing for penalties of up $10 million as well as imprisonment for up to 15 years

Question 5

Federal Trade Commission (FTC) Act

Answer 5

To prevent business practices that are anti-competitive or deceptive or unfair to consumers; to enhance informed consumer choice and public understanding of the competitive process; and to accomplish this without unduly burdening legitimate business activity.

Question 6

Lanham Act

Answer 6

• Creates federal cause of action even when unlikely to confuse consumers.
• Protects “distinctive” or “famous” marks such as McDonalds, Dell, Apple).

Question 7

______ ads contain important misrepresentation likely to mislead consumers

Answer 7

deceptive

Question 8

what does it mean for a copyrights work to be in public domain?

Answer 8

the copyright has expired and others can use and sell the work

Question 9

a bailment transfers _____ of property

Answer 9

temporary possession

Question 10

a promise to make a gift in the future is valid

Answer 10

false

Question 11

a landlord must promptly return a tenants security deposit at the end of the lease

Answer 11

true

Question 12

antitrust regulation started with the _____ industry

Answer 12

oil

Question 13

when statute prohibits tying arrangements that lessen competition

Answer 13

Clayton Act

Question 14

Clayton Act

Answer 14

Wanted the government to have the ability to attack a business practice early in its use to prevent a firm from becoming a monopoly. Strengthens the Sherman Act

Question 15

Sherman Act

Answer 15

applies not only to buying and selling activities, but also to manufacturing and production activities. Is broken up into 2 main sections and has been used to regulate monopolies. Requires that monopoly position be gained because of a superior product as opposed to purposeful conduct to exclude competitors by other means. (microsoft).

Question 16

Robinson-Patman Act

Answer 16

Prohibits price discrimination. Makes it illegal to charge different prices to buyers when the marginal costs of the seller of those goods are the same. Example, offering free advertising to one buyer, and not to another would be considered a violation.

Question 17

who enforces antitrust laws?

Answer 17

Federal Trade Commission and Department of Justice

Question 18

Which of the following competitive strategies is a per se violation of antitrust laws

Answer 18

Horizontal market division

Question 19

Horizontal market division

Answer 19

it is a per se violation for competitors to divide up territories or customers

Question 20

Per Se violations of the Sherman Act

Answer 20

price fixing, bid-rigging, horizontal customer allocation, and territorial allocation agreements

Question 21

Vertical market division

Answer 21

An agreement between a company and a dealer or distributor that prevents the dealer or the distributor from selling outside a certain territory or to a certain class of customer (hierarchy within a company (top-down))

Question 22

refusal to deal

Answer 22

-Joint refusals to deal (group boycotts) are given close scrutiny.
-Unilateral refusals to deal violate the Sherman Act if: the firm refusing to deal has (or is likely to acquire) monopoly power, AND the refusal is likely to have an anticompetitive effect on a particular market.

Question 23

resale price maintenance

Answer 23

RPM typically involves an agreement between a manufacturer and retailer setting the prices at which the retailer will resell the manufacturer’s goods to consumers

Question 24

when property is held as a tenancy in common, who inherits the property when one of the contestants dies?

Answer 24

the heirs of the deceased co-tenant

Question 25

when do gifts cause mortis become valid

Answer 25

when the donor dies as expected

Question 26

in antitrust law, vertical strategies are more heavily scrutinized than horizontal strategies

Answer 26

false

Question 27

copyright protection is automatic Ince the creation is in tangible form

Answer 27

true

Question 28

“Clorox” is an example of what category of trademark

Answer 28

fanciful

Question 29

what does the Magnuson Moss Warranty Act do?

Answer 29

ensures consumers understand written warranties on products

Question 30

a design patent is the most common type of patent

Answer 30

false

Question 31

what type of property interest gives someone the right to enter property and remove something of value

Answer 31

profit

Question 32

the truth in lending act applies to which loan

Answer 32

• a consumer loan
• a loan that will be repaid in more than 4 payments
• a loan from someone in the lending business

Question 33

conscious parallelism is a per se violation of antitrust laws

Answer 33

false

Question 34

what is a resale price maintenance?

Answer 34

when a manufacturer sets the minimum price for a product

Question 35

monopolization is illegal under the Robinson-Patman Act

Answer 35

False

Question 36

Bill rents a building from “August 1, 2023 through December 31, 2023” This is a _____

Answer 36

tenancy for years

Question 37

mental processes can be patented

Answer 37

false

Question 38

_____ is when a trademark becomes associated with unwholesome goods

Answer 38

tarnishment

Question 39

what is the term for the landlords right to occupy property at the end of a lease?

Answer 39

revisionary interest

Question 40

what duty does a bailee owe in a bailment for the bailor’s sole benefit?

Answer 40

duty to not be grossly negligent

Question 41

an arrangement where a buyer must purchase an undesirable product to get a desirable product is a/an____

Answer 41

tying arrangement

Question 42

which of the following is fair use of copyrighted material

Answer 42

making up funny lyrics to a song and sharing the song (parody)

Question 43

which of the following interests in property refers to marital property?

Answer 43

tenancy by the entirety

Question 44

predatory pricing cases are easy for a plaintiff to win

Answer 44

false

Question 45

which of these is exempt form the telephone consumer protection act

Answer 45

united way

Question 46

which of these is constructive eviction

Answer 46

landlord not making a repair, causing the tenant to move out

Question 47

which of these statues prohibits abuse by collection agencies?

Answer 47

Fair Debt Collection Practices Act

Question 48

What is the heart of the work?

Answer 48

the most important part of a copyrighted work

Question 49

“Holiday Inn” is an example of a collective mark

Answer 49

false

Question 50

What is the goal of the Consumer Product Safety Act

Answer 50

to prevent injuries form defective products

Question 51

which agency regulates consumer financial products

Answer 51

consumer financial protection bureau