Allison is an attorney representing Big Co. in trademark litigation. Allison fails to conduct market research in advance of the trial to determine the extent to which consumers identify with the trademark associated with Big Co. Big Co. loses the litigation under a finding that the trademark is generic and not uniquely associated with it. Has Allison violated any duty she owed Big Co.? Discuss
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Allison is an attorney representing Big Co. in trademark litigation. Allison fails to conduct market
research in advance of the trial to determine the extent to which consumers identify with the trademark
associated with Big Co. Big Co. loses the litigation under a finding that the trademark is generic and not
uniquely associated with it. Has Allison violated any duty she owed Big Co.? Discuss
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- alculator Under a Commercial General Liability policy, which of the following actions is an obligation of the insures? O A To inspect the insured premises for safety To renew the policy period from the date of loss To pay claims only when there has been a judgment against the insured To pay a claim for which the insured has been found legally responsible OB. O. C. OD.Explain the laws and regulations related to consumer protection, including product liability, advertising practices, and warranties. Discuss the role of government agencies, such as the Federal Trade Commission (FTC), in enforcing these laws.Dell's patents, copyright , and trade secrets an importance of these
- Explain the main functions and powers of the Australian Competition and Consumer Commission (ACCC). (Describe legal concepts and scope of consumer law).Under a Commercial General Liability policy, which of the following action on Goligation of the insurer OA to inspect the insured premises for safety OB. To renew the policy period from the date of los To pay claims only when there has been a judgment against the insured To pay a calm for which the insured has been found legally responsible OD.need help asap
- Assume that there are two conflicting statutes. One of the statutes is a state statute published in 1970, and the other statute is a federal statute published in 1995. Each of these two statutes is about interstate commerce. Which statute would prevail? O It depends on the jurisdiction. O The state statute, because interstate commerce is a state issue. O The federal statute, because it is newer. O The federal statute, because of the supremacy clause. O The state statute, because of the division of federalism.homas Persson and Jon Nokes founded Smart Inventions, Inc., to market household consumer products. The success of their first product, the Smart Mop, continued with later products, which were sold through infomercials and other means. Persson and Nokes were the firm’s officers and equal shareholders. Persson was responsible for product development, and Nokes was in charge of day-to-day operations. In time, they became dissatisfied with each other’s efforts. Nokes represented the firm as financially “dying,” “in a grim state, . . . worse than ever,” and offered to buy all of Persson’s shares for $1.6 million. Persson accepted.On the day that they signed the agreement to transfer the shares, Smart Inventions began marketing a new product—the Tap Light. It was an instant success, generating millions of dollars in revenues. In negotiating with Persson, Nokes had intentionally kept the Tap Light a secret. Persson sued Smart Inventions, asserting fraud and other claims. Under what principle…When OTES developed its first online application for university math courses, BD sued both OES and Gone. BD contends that Gone has breached his covenant not to compete, because he is engaging in a competitive business in online learning resources in university-level math and science and that he has proprietary information regarding the development of science and math tutorial programs. BD further contends that OTES is engaging in tortious interference with contract. BD is Gone and OTES deny the claims, and state that Gone has not violated his employment agreement, because they are not engaging in a competitive business with BD. The law in Georgia was recently amended to include the following provisions: A covenant not to compete must be reasonable in terms of time, geographical area, and prohibited activities. A time period longer than 2 years is presumed to be unenforceable. The courts are permitted to blue-pencil (or reform) covenants that are otherwise unenforceable.…
- 93. the Department of Financial Services may open an investigation on an individual O Being licensed in multiple lines of authority Holding a nonresident license in another state Engaging in the business of insurance without a license Sharing commissions with a similarly licensed individual COLCHREARE COLXAnthem, one of the largest healthcare insurers in the United States, implemented an“avoidable ER” policy to help manage the care of its enrollees. The policy stated thatAnthem would not pay for emergency room visits if the company determined that the visitwas not necessary. The policy, which was instituted in six states beginning in 2015, wasmeant to encourage patients to seek care in appropriate settings. However, providers feelthat this policy might cause patients to avoid emergency treatment, even when it isnecessary. In response to customer and provider complaints, Anthem created severalexceptions: Claims will be covered if a healthcare provider tells a patient to go to theemergency room, if the patient is under 15 years of age, if the patient is outside his or her state of residence, and if the patient had a CT scan or MRI or underwent surgery. Still,providers are unhappy with the policy (Livingston 2018).1-Why did Anthem implement this policy?Explain the main functions and powers of the Australian Competition and Consumer Commission (ACCC). (Describe legal concepts and scope of consumer law).