Lanham act Study guides, Class notes & Summaries

JOMC 486 Questions Pt. 2 Questions With Complete Solutions. What law did McNeil-PPC Inc. accuse Pfizer Inc. of violating when it ran its advertisements for Listerine mouthwash? Lanham Act. In McNeil-PPC v. Pfizer, McNeil argued the Listerine advertisement contained the _______________ that rinsing with Listerine is as effective as flossing. literal falsehood In its lawsuit against Pfizer over the Listerine advertisements, McNeil-PPC said the impact of the ads on its business was that whi...

Falwell was unable to prove his libel claim against Hustler because: - he was lacked proof of actual injury. In the Hustler case, the Supreme Court ruled that public figures and public officials: - can never recover damages for the tort of emotional distress According to the Snyder court, speech deals with matters of public concern when it: - relates to any matter of political, social or other concern to the community The trial court said the Phelpses could be held liable for IIED based on...

JOMC 486 Final Test with Questions and Answers. Falwell was unable to prove his libel claim against Hustler because: - ANSWER-he was lacked proof of actual injury. In the Hustler case, the Supreme Court ruled that public figures and public officials: - ANSWER-can never recover damages for the tort of emotional distress According to the Snyder court, speech deals with matters of public concern when it: - ANSWER-relates to any matter of political, social or other concern to the community Th...

JOMC 486 Questions Pt. 2 Questions With Complete Solutions. What law did McNeil-PPC Inc. accuse Pfizer Inc. of violating when it ran its advertisements for Listerine mouthwash? Lanham Act. In McNeil-PPC v. Pfizer, McNeil argued the Listerine advertisement contained the _______________ that rinsing with Listerine is as effective as flossing. literal falsehood In its lawsuit against Pfizer over the Listerine advertisements, McNeil-PPC said the impact of the ads on its business was that whi...

JOMC 486 Final Test Questions With Complete Solutions. Falwell was unable to prove his libel claim against Hustler because: he was lacked proof of actual injury. In the Hustler case, the Supreme Court ruled that public figures and public officials: can never recover damages for the tort of emotional distress According to the Snyder court, speech deals with matters of public concern when it: relates to any matter of political, social or other concern to the community The trial court said...

FTC policy on deceptive advertising: - ANSWER-1. There must be a representation, omission, or practice that is likely to mislead the consumer 2. The act or practice must be considered from the perspective of a reasonable person 3. The deception must be material McNeil v. Pfizer - ANSWER-A company launched an advertising campaign for Listerine Mouthwash, in which it was implied that listerine is as effective at fighting plaque and gingivitis as floss. A competing floss company sued for false...

JOMC 486 Final Exam Notes Transformative-Use Test -When a work contains significant transformative elements it is worthy of First Amendment protection and is less likely to interfere with the interests protected by right of publicity -Determining whether a work is transformative involves examining five factors No-Real-Relationship Test -Central question is whether the use of the celebrity's persona is artistically relevant to the defendant's work -If so, the use is protected, so long a...

JOMC 486 Final Test with Questions and Answers. Falwell was unable to prove his libel claim against Hustler because: - ANSWER-he was lacked proof of actual injury. In the Hustler case, the Supreme Court ruled that public figures and public officials: - ANSWER-can never recover damages for the tort of emotional distress According to the Snyder court, speech deals with matters of public concern when it: - ANSWER-relates to any matter of political, social or other concern to the community Th...

JOMC 486 Final Test with Questions and Answers. Falwell was unable to prove his libel claim against Hustler because: - ANSWER-he was lacked proof of actual injury. In the Hustler case, the Supreme Court ruled that public figures and public officials: - ANSWER-can never recover damages for the tort of emotional distress According to the Snyder court, speech deals with matters of public concern when it: - ANSWER-relates to any matter of political, social or other concern to the community Th...

LEGL 4200 Exam Review Questions and answers/ What questions do trademarks answer? - -who made this? · Tools to prevent others from providing false or misleading information to consumers or protect famous marks - -trademark brand v mark - -o Brands are a combination of tangible and intangible elements that include the mark, logo, design, and concept, image, and reputation associated with business goal of tm - -protect reputation of seller/investment, prevent consumer confusion, promote...