Uncategorized Archives - Custom Scholars


  TaylorSwift wanted to trademark her song lyrics:“And I’ll write your name.” She _______________. (a)  Can trademark it because it is a short phrase associated with her entertainment services (b)  Can trademark it only if it is in a tangible form (c)  Can not trademark it because it is generic (d)  None of these because short phrases cannot be trademarked Thomas’s English Muffins wanted to […]

External link to CDM Media USA, Inc. v. Simms

CDM Media USA, Inc. v. Simms

Facts: Robert Simms worked for CDM Media USA, a marketing company focused on the technology industry. As CDM’s point person for social media, Simms created, controlled, and managed various social media groups and profiles to promote his employer. LinkedIn is a leading social media site for professional and business networking. The site’s user agreement informs its members that “your account belongs to you.” Through his […]

External link to AMF Inc. v. Sleekcraft Boats

AMF Inc. v. Sleekcraft Boats

Facts: AMF sold recreational boats named “Slickcraft.” Unaware of this product, Bruce Nescher named his company’s boats “Sleekcraft.” When AMF notified Nescher of the alleged trademark infringement, Nescher added “Boats by Nescher” to its logo to distinguish his product. Both Slickcraft and Sleekcraft made sporty, fiberglass boats of a similar size and price. However, Slickcraft boats were made and marketed for family recreation, such as […]

External link to Kirtsaeng v. John Wiley & Sons, Inc.

Kirtsaeng v. John Wiley & Sons, Inc.

Facts: John Wiley & Sons, Inc. (“Wiley”), published Eng- lish language textbooks. It sold some of these books abroad through its subsidiary, Wiley Asia, at much lower prices than in the United States. These overseas books included a notice on their inside cover that they were not to be taken into the United States without Wiley’s permission. In 1997, Supap Kirtsaeng moved from Thailand to […]

External link to Bikram’s Yoga College of India, L.P. v. Evolation Yoga, LLC

Bikram’s Yoga College of India, L.P. v. Evolation Yoga, LLC

Facts: Derived from ancient Hindu scriptures, the Indian practice and philosophy of yoga date back thousands of years. It involves a combination of meditation, breathing exercises, and physical poses (called asanas). Bikram Choudhury was a lifelong student of a type of yoga known as Hatha. In the early 1970s, he developed a method of practicing yoga, which he called Bikram. It consisted of a sequence […]

External link to Association for Molecular Pathology v. Myriad Genetics, Inc.

Association for Molecular Pathology v. Myriad Genetics, Inc.

Facts: Mutations in two genes known as BRCA1 and BRCA2 can dramatically increase the risk of breast and ovarian cancer. Myriad Genetics, Inc. (Myriad) obtained a number of patents on these genes. One patent gave Myriad the exclusive right to isolate an individual’s natu- rally occurring BRCA1 and BRCA2 genes. Another patent granted Myriad the exclusive right to synthetically create variants of BRCA1 and BRCA2 […]



  1. Life is about choices—and never more so than with the environment. Being completely honest, which of the following are you willing to do? Why? Drive a smaller, lighter, more fuel-efficient car Take public transportation or ride your bike to work Vote for political candidates who are willing to impose higher taxes on polluters and pollutants Insulate your home Unplug appliances when not in […]

External link to CASE QUESTIONS


1. Tariq Ahmad decided to dispose of some of his laboratory’s hazardous chemicals by shipping them to his home in Pakistan. He sent the chemicals to Castelazo (a company in the United States) to prepare the materials for shipment. Ahmad did not tell the driver who picked up the chemicals that they were hazardous, nor didhe give the driver any written documentation. What law has […]



1. Suppose that you are the manager of a General Motors plant that is about to start producing Hummers. The Hummer requires special protective paint that, as it turns out, reacts with other chemicals during the application process to create a pollutant. What does the CAA require of you? (a) Reduce other emissions from the plant so that the total quantity of pollutants is the […]

External link to Gibbs v. Babbitt

Gibbs v. Babbitt

Facts: The red wolf used to roam throughout the south- eastern United States but, owing to development and hunting, its numbers had declined and it was placed on the endangered species list. The FWS trapped the remain- ing red wolves, placed them in a captive breeding program, and then reintroduced them into the wild. Ultimately, the FWS reintroduced 75 wolves into wildlife refuges in North […]

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