Quiz: First Exam - October 19

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Top Highlights

• Amazing Health’s mouth guard is cutting into the sales of Dental Products’ red mouth guard

• MMP has considered obtaining a patent on its new product, but has decided, instead, to rely on trade secret protections.

• He places the copyright symbol, ©, on each painting and poster; however, he does not register his copyrights with the U.S. Copyright Office

• He places the copyright symbol, ©, on each photograph but he does not register his copyrights with the U.S. Copyright Office.

• The parties now disagree over whether they have a contract.

• Madison Pharmacy submitted a signed written offer to buy fourteen (14) cases of insulin from Adams each month for the next six month

• We will agree to this purchase at your current market prices which are the best around.   We hope to hear from you soon on this offer.  We will keep this offer open for the next thirty (30) days.

• We found a better deal on insulin and therefore you can ignore our November 1 offer, we are hereby withdrawing the offer.”

• Madison Pharmacy argues that Adams’ acceptance was too late.

• Dan identified in the picture a simple modification to the equipment (which apparently had been done by the owner's employees) which could likely be patented.

• Stu has learned that Dan has applied for the patent and has taken the position that Dan had no right to patent the equipment modification because it appeared in Stu's copyrighted photograph.

• trade secret misappropriation

• prevent animals that stray onto the tracks from being hit by trains.

• state statute

• A&B Railroad Company fails to fence its tracks (it has failed to follow the statute)

• sent a pre-printed purchase order form to Taylormade Industries Corp

• whereby Malibu ordered certain equipment from Taylormade.

• Texas law will apply to any disputes between the parties

• Several weeks thereafter a dispute arose between the parties as to whether the equipment was defective.  Which

• Taylormade hereby accepts the order placed by Malibu