Case summary:The person J and the person LF owned the H club. The person LF opened several clubs, enterprises, and published a magazine under the trademark H and LF. When the person J opened his own store under the name H, he paid the license fee to the person LF for using its trademarked name. But later on, he stopped paying fees. The company LFP, owned by the person LF, filed a case against the person J for infringement of trademark H. The court passed an injunction order against the person J preventing the person J from using the H trademark. The person J opened a new retail store named FS gifts. The person LF sued the person J for violating the injunction order passed by the court.
To Find:The result of the case if the person J had used the marks on an entirely different line of goods.
Want to see the full answer?
Check out a sample textbook solutionChapter 8 Solutions
Bundle: The Legal Environment Of Business: Text And Cases, 10th + Mindtap Business Law, 1 Term (6 Months) Printed Access Card
- Which of the following does not describe the concept of proximate cause in the tort of negligence? (Choose all of the correct answers.) Could the plaintiff reasonably foresee the defendant would engage in this particular harmful conduct? Could the defendant reasonably foresee his conduct could lead to the injury suffered by the plaintiff? Could the defendant reasonably foresee he had a duty of the plaintiff? Could the plaintiff reasonably foresee the injury he suffered? Was the defendant the actual cause of plaintiff's injury?arrow_forwardCan you please help me answer this?arrow_forwardIn 1992, Donna Smith telephoned Clark, the man- ager of Penbridge Farms, in response to an adver- tisement Clark had placed in the July issue of the Emu Finder about the availability for sale of proven breeder pairs. Clark told Smith that he had a breeder pair available. Clark sold the pair to Smith for $16,500. Some months later, after Smith had had a chance to inspect the pair, she discovered that Clark had sold her two males. Smith immediately notified Clark and revoked her acceptance of the animals. Clark said the revocation was too late. Was it?arrow_forward
- Please do not give solution in image formate thanku What is the point of having a known endangerment provision if it does not apply to the endangered Borjohn employees? Whome does the statute protect and why? Explainarrow_forwardIdentify 5 different acts that take place in The Firm (book or film) that are both torts and crimes. Fully explain the tort and crime (including the elements of each) and apply it to the act in the film by way of explanation. In addition, explain how the wrongdoers were brought to justice at the end of the film.arrow_forwardAssume that adulterating Magentum is a strict liability crime and a tort. Which of the following will most likely occur? The government will bring charges against the businesses for the strict liability crime and individuals injured by drinking the adulterated Magentum will bring tort suits. The government will file assault and battery charges against the businesses. The government will bring criminal assault charges against the businesses, push for punitive damages, and sue the business owners for torts. Individuals will press charges against the businesses for attempted manslaughter.arrow_forward
- The general rule is that there is no duty to rescue another, absent a special relationship. Was the Court correct to impose a duty on the psychologist to a third party? What are the implications for a society where legal duties to rescue are enforced? What are your refined ideas about the relationship of law and ethical behavior?arrow_forwardX bought a skin whitening product she saw on tv because it was claimed to be "the best in the market today." The product did not actually deliver the result expected by X. There is vitiation of consent due to fraud.arrow_forward2) Punitive Damages: Regardless of whether you feel the case was an appropriate one for strict liability, was the McDonald's coffee case an appropriate case for the award of punitive damages? Look over the requirements for punitive damages and assess whether the jury award was appropriate in this case. Why or why not?arrow_forward
- Please use the IRAC method to analyze the case. 1. A merchant ordered a shipment of leather overseas. As a result of the pandemic, the owner ofthe vessel who had docked at a port, sold the leather to another person who badly needed thegoods in the area he had docked the ship.With reference to case law, advise the merchant and the owner of the vessel. Would your answerbe different if he was shipping fruits? 2. Explain one (1) way by which an agency relationship may be createdarrow_forwardDiscuss the concept of punitive damages. What is the purpose of this form of damages? Is it effective to accomplish its goal? Are there any circumstances in which punitive damages are appropriate in negligence cases? Give an example or examples of such situations.arrow_forwardFAMILY OF KUGA VICTIM TO BRING CLASS-ACTION LAWSUIT AGAINST FORDThe family of Reshall Jimmy, who died when his Ford Kuga burst into flames, will be pursuinga class-action lawsuit against the vehicle manufacturer. The family’s lawyer, Rod Montano,announced the expected lawsuit during a briefing at the National Press Club on Tuesday(January 17, 2017). Ford announced on Monday that it was recalling the vehicles. In December2015, the automaker released a statement after several Kuga’s caught fire. It notified ownersthat it was investigating reports of engine fires in that model and asked them to take theirvehicle to their dealer for a maintenance check.Still no closureFord has come up with excuses to protect their brand instead of giving the family closure, saysa relative of Reshall Jimmy, who died when his Ford Kuga caught fire in December 2015.Rushall's brother, Kaveen Jimmy said on Monday following Ford’s press briefing in Pretoria:“They have not been doing the right thing… all of the…arrow_forward
- BUSN 11 Introduction to Business Student EditionBusinessISBN:9781337407137Author:KellyPublisher:Cengage LearningEssentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage LearningAccounting Information Systems (14th Edition)BusinessISBN:9780134474021Author:Marshall B. Romney, Paul J. SteinbartPublisher:PEARSON
- International Business: Competing in the Global M...BusinessISBN:9781259929441Author:Charles W. L. Hill Dr, G. Tomas M. HultPublisher:McGraw-Hill Education