Quizz Business & Marketing Essay Research Coursework

Instructions: This is an open book/open notes quiz. This quiz consists of essay-style questions that cover material from week 4. You are not allowed to collaborate with other students or receive any outside assistance (i.e. internet other than your e-book). You have 90 minutes to complete this quiz. Once you start there is no way to stop or restart the quiz, and you only have one attempt. Be certain that you can start and complete the exam in one attempt.

Question 1 (10 pts) A freelance journalist enters a celebrity's home. The journalist does not have permission to be in the home and the celebrity is not home. The journalist searches the house for personal information or other embarrassing information that has never been published before so that the journalist can sell it to the tabloids. The journalist is successful in finding some scandalous information that reveals shocking details about the celebrity's hereto unknown private life. The journalist, who is not an employee of the tabloid and is an independent contractor/freelancer, sells the article to a tabloid, which then publishes the article worldwide. The celebrity's media and legal teams alert the celebrity to the article. The celebrity concedes to the media and legal teams that the information revealed by the tabloid is in fact true. However, the celebrity feels violated and demands legal action against the publishes and the journalist. For this question, answer the following two questions: 1. Considering that the facts published by the journalist are true, explain how the celebrity might be able to successfully sue the journalist for damages under the tort law theory of invasion of privacy? (3 pts)

2. Continuing to presume the facts in the article are all true, how might the celebrity successfully sue the tabloid for damages under the tort law theory of intentional inflection of mental discuss? (3 pts)

3. Continuing to presume the facts in the article are all true, identify at least one other tort claim the celebrity could file against either the journalist or the tabloid (4 points).

Question 2 (10 pts) You are having surgery for your right shoulder because you overdid it a few months ago during CrossFit. Before the procedure, the nurse, doctor, and several others confirmed they were performing surgery on your right shoulder, and even went so far as to mark the right shoulder with a special pen so that it was clear the right shoulder was the one being worked on. However, after you wake up from surgery, you find that you have incision dressings on both your right and left shoulder. Confused, you call for the nurse, who explains that during the operation, the doctor made a mistake and started operating on your left shoulder, but once realizing the mistake, closed up the left shoulder and completed the operation on the right shoulder. Due to the error, you miss several weeks of work and have some lingering problems with your left shoulder, which until now, has never caused you any problems. However, your right shoulder has made a full recovery with minimal residual issues.

For this question, choose one of the four theories below and argue why you believe that theory will be the one most likely to allow you to succeed in collecting money damages from the medical team that botched the operation.
1. Contributory Negligence
2. Negligence Per Se
3. Breach of Duty of Care
4. Comparative Negligence

Tim is a streamer who posts material on Twitch and Youtube, among other streaming platforms. Tim's content largely consists of satirical and sarcastic comments and jokes about current world events and politics. During his streaming engagements, he often shows 30 second clips of various copyrighted events happening including presidential speeches and various news outlet personalities discussing current events and politics. Tim takes these 30 second clips from all over the internet and broadcast TV, and does not ask permission to use these clips on his show.
One of the companies finds out that Tim is using their copyrighted broadcast material and decides they don't like Tim's using their clips. They ultimately sue Tim for copyright violation. Tim argues that his use of the clips is fair use.
For this question, take a position and argue whether you think Tim's claim of fair use will hold up to legal scrutiny. If you make any assumptions in answering this question please state your assumptions.

Evan owns a restaurant in Texas and wants to register his brand trademark with the United States Patent and Trademark Office. When he files his registration, he outlines why he feels his trademark is distinctive by including the following description of his trademark:
1. The State of Texas Flag
2. The words "Evan's big eats" above the State of Texas Flag
3. Two 6 shooter pistols adorn the bottom of the flag
4. The background is red and green, and has the faded words "don't tread on me" barely visible, and scrolled horizontally in the center.
For this question, argue whether you think the US Patent and Trademark Office should grant Evan's application for a trademark based on the above facts. If you have to make any assumptions make sure to list them in your answer.

Alexa lives in the United States and Siri lives in Estonia. Alexa and Siri are rivals in a very niche area of business and are the only two producers in this space. As such, they have a substantial rivalry. During the course of business, Alexa accuses Siri of infringing on Alexa's intellectual property. Alexa believes that Siri is stealing Alexa's intellectual property because Alexa has become the clear leader in their market. Alexa files an intellectual property lawsuit in the United States against Siri and wins the lawsuit, but because Siri is Estonian, Alexa cannot enforce the US court ruling against Siri. However, Alexa is politically connected, so she asks the US Trade Representative for some help. The US Trade Representative takes the issue up, decrying Estonia's theft of American intellectual property and how unfair it all is. The US Trade Representative decides to go to the World Trade Organization to file a complaint against Estonia. Both the US and Estonia are members of the World Trade Organization.
For this question, first explain whether the World Trade Organization is the right venue to file this claim based on the facts above. Second, what remedy might the World Trade Organization be able to offer if it sides with Alexa and the United States?