EBK THE LEGAL ENVIRONMENT OF BUSINESS:
EBK THE LEGAL ENVIRONMENT OF BUSINESS:
10th Edition
ISBN: 9781337516051
Author: Miller
Publisher: YUZU
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Chapter 8, Problem 3CT
Summary Introduction

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.

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You have likely heard of the Liebeck v. McDonalds case. Liebeck spilled hot McDonald's coffee in her lap, suffering third degree burns.  At trial, evidence showed that her cup of coffee was brewed at 190 degrees, and that, more typically, a restaurant's "hot coffee" is in the range of 140-160 degrees.  A jury awarded Liebeck $160,000 in compensatory damages and $2.7 million in punitive damages.  The judge reduced the punitive award to $480,000, or three times the compensatory award.   Comment on the case, and whether the result was reasonable.
5-3 PROXIMATE CAUSE. Galen Stoller was killed at a railroad crossing when a train hit his car. The crossing was marked with a stop sign and a railroad-crossing symbol. The sign was not obstructed by vegetation, but there were no flashing lights. Galen’s parents filed a suit against Burlington Northern & Santa Fe Railroad Corp. The plaintiffs accused the defendant of negligence in the design and maintenance of the crossing. The defendant argued that Galen had not stopped at the stop sign. Was the railroad negligent? What was the proximate cause of the accident? Discuss. [Henderson v. National Railroad Passenger Corp., __ F.3d __ (10th Cir. 2011)] (See Negligence.)
Answer the questions below related to the negligence case. Thank you.
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