1. APA for agencies: requires agencies to follow certain uniform procedures in making rules. arbitrary and capricious – this is the standard for challenging and agency action, an abuse of discretion or in violation of some other law. It requires the agency to show evidence to support the proposed rule, without the evidence the rule can be called arbitrary and capricious. – this can be set aside
ultra vires- beyond it’s power, one that goes beyond the authority given to the agency in its enabling act substantial evidence test – the rule requires that more convincing evidence exists in support of the regulation than against it
unconstitutional- pg 199
public comments period. Pg 190 -One of the purposes for publishing proposed rules is to allow the public an opportunity to review and provide input on the proposed rules. The period during which the agency accepts comments on the rule
violation of 24th Amendment
unlawful poll tax
violation of the 14th Amendment
2. Unauthorized appropriation is a privacy tort – using someone's name, likeness, or voice for commercial advantage without his or her permission. The Midler case specifically used the California law of appropriation to decide the case. In order to sue for palming off, the owners would need to show that the product would create consumer confusion. On page 520, the author of the textbook uses the example of DeBiers instead of DeBeers (diamonds) as a “potentially confusing” name.
Palming off, one of the oldest unfair methods of competition, occurs when one company sells its product by leading buyers to believe it is really another com- pany’s product
The tort of misappropriation is a form of protection for a business whose trade secrets are taken without authorization.
The eight Sleekcraft factors that are required to prove a Lanham Act complaint. (1) strength of the plaintiff’s mark
(2) relatedness of the goods
(3) similarity of the marks
(4) evidence of actual confusion
(5) marketing channels used
(6) likely degree of purchaser care
(7) defendant’s intent in selecting the mark
(8) likelihood of expansion of the product lines
Vanna White/Samsung case. taken from AMF, Inc. v. Sleekcraft Boats, 599 F.2d 341 (9th Cir. 1979). Trademarks are words, names, symbols, designs, or devices that busi- nesses use to identify their products or services.
The Lanham Act of 1946 is a federal law passed to afford businesses protection of their trademarks. This law is really a protection of a company’s goodwill. A trade- mark becomes associated with that company and is used as a means of identifying that company’s goods or services. The Lanham Act assures the right to retain that unique identification.
A more recent and critical aspect of the Lanham Act is the concept of trade dress. Trade dress consists of the colors, designs, and shapes associated with a product.
A business often has worked to develop information that is not known by the pub- lic or its competitors. However, the information the business has developed may not fit into any of the federally protected categories covered earlier in the chapter. In fact, sometimes the business does not even want to make the information public in a filing for the federal protections. Therefore, the business protects its rights by keeping the information as a trade secret.
3. Address the theories social responsibility of corporations. P 49-50
Page 49 holds the answer
In the social responsibility school of thought, the role of business is to serve the larger society by responding to society’s needs as a first priority. A business follow- ing this school of thought would advocate full disclosure of product information to consumers in its advertising and would encourage political activism on the part of its managers and...