Trademark Enforcement
What is the central issue of this research plan?
A- Whether trademarks should be federally registered
B- Whether selective trademark enforcement affects rights under the Lanham Act
C- Whether trademarks should be renewed every five years
D- Whether state law governs TM abandonment
B - Whether selective trademark enforcement affects rights under the Lanham Act
Under the Fair Labor Standards Act (FLSA), what is the default standard of proof an employer must meet to show an employee is exempt from overtime requirements?
A. Clear and convincing evidence
B. Substantial evidence
C. Beyond a reasonable doubt
D. Preponderance of the evidence
D. Preponderance of the evidence
Under OR RPC 1.7, a lawyer may represent a client despite a conflict of interest if certain conditions are met. Which of the following is NOT one of those required conditions?
A) The lawyer reasonably believes they can provide competent and diligent representation
B) The representation is not prohibited by law
C) The client waives all future malpractice claims in writing
D) Each affected client gives informed consent, confirmed in writing
C) The client waives all future malpractice claims in writing
Which doctrine is most closely associated with abandonment due to lack of quality control?
A - Fair use
B - Dilution by tarnishment
C - Naked licensing
D - Secondary meaning
C - Naked licensing
Which federal law is primarily discussed in the research plan?
A. Americans with Disabilities Act
B. Civil Rights Act of 1964
C. Fair Labor Standards Act of 1938
D. Occupational Safety and Health Act
C. Fair Labor Standards Act of 1938
Attorney Sara represents Family Holdings, a closely held LLC in which she is a managing member and holds a 10% equity stake. The LLC's operating agreement is up for renegotiation. Sara drafts new terms that increase management fees payable to the managing member without recommending outside counsel. Which rule is MOST directly implicated?
A) OR RPC 1.7 — concurrent conflict with another client
B) OR RPC 1.8 — business transaction with a client where the lawyer stands to gain financially
C) OR RPC 1.13 — lawyer is representing individual members rather than the entity
D) OR RPC 1.6 — confidentiality obligation to the entity
B) OR RPC 1.8 — business transaction with a client where the lawyer stands to gain financially
What research platform was primarily used for case law research?
A - Westlaw
B - HeinOnline
C - Lexis
D - Bloomberg Law
C - Lexis
According to Alaska Stat. Ann. § 23.10.055, who is exempt from wage and hour provisions?
A. All salaried employees
B. Individuals in bona fide executive, administrative, or professional capacity
C. All public employees
D. Only federal employees
B. Individuals in bona fide executive, administrative, or professional capacity
Attorney Morgan is a 3L law student who just joined her family's real estate development LLC as an equity holder. After passing the bar, she plans to serve as in-house counsel for the LLC. Under Oregon's Rules of Professional Conduct, which of the following statements BEST describes the threshold concern she must address before representing the entity?
A) She must withdraw from any representation because equity holders can never serve as in-house counsel under Oregon law
B) She must evaluate whether her personal financial interest in the LLC creates a significant risk that her professional judgment will be materially limited under RPC 1.7(a)(2)
C) She is automatically exempt from conflict rules because in-house counsel relationships are governed solely by employment law, not the RPC
D) She only needs to comply with RPC 1.8 if she drafts her own employment contract with the LLC
B) She must evaluate whether her personal financial interest in the LLC creates a significant risk that her professional judgment will be materially limited under RPC 1.7(a)(2)
What is a key risk of under-enforcement of trademark rights?
A - Increased licensing revenue
B - Stronger fair use defenses
C - Loss of trademark distinctiveness or abandonment
D - Automatic trademark renewal
C - Loss of trademark distinctiveness or abandonment
Which Alaska statute provides exemptions for individuals who serve with a full-time fire department on a voluntary basis?
A. Alaska Stat. § 23.10.055
B. Alaska Stat. § 23.10.050
C. Alaska Stat. § 23.10.150
D. Alaska Stat. § 23.10.060
A. Alaska Stat. § 23.10.055
Attorney Devon represents GreenBuild LLC, a family construction company. Devon regularly advises individual members on their ownership rights and attends family shareholder meetings. A dispute arises between two siblings, and one claims Devon represented them personally. Under OR RPC 1.13, what is the key question a court would analyze?
A) Whether Devon had a written engagement letter with each individual sibling
B) Whether an implied attorney-client relationship formed between Devon and the individual members
C) Whether Devon disclosed the conflict at the time of entity formation
D) Whether GreenBuild LLC is subject to securities regulations
B) Whether an implied attorney-client relationship formed between Devon and the individual members
Which statutory provision defines trademark abandonment under the Lanham Act?
A - 15 U.S.C.S. § 1114
B - 15 U.S.C.S. § 1127
C - 15 U.S.C.S. § 1051
D - 15 U.S.C.S. § 1091
B - 15 U.S.C.S. § 1127
What are the two primary factors courts consider when determining whether time is compensable?
A. Length of employment and number of overtime hours worked
B. Employee training level and employer intent
C. Degree of employee freedom for personal activities and agreements between the parties
D. Employee job title and salary classification
C. Degree of employee freedom for personal activities and agreements between the parties
Under OR RPC 1.8, which combination CORRECTLY states what a lawyer must do before entering into a business transaction with a client or acquiring a financial interest adverse to the client?
A) Verbal disclosure of terms + client signature on any contract + no outside counsel required
B) Terms must be fair and reasonable, fully disclosed in writing, client advised to seek independent counsel, and client gives written informed consent
C) Court approval of the transaction + written consent of all entity members + bar notification within 30 days
D) Written disclosure + client waiver of any conflict + bar notification within 30 days
B) Terms must be fair and reasonable, fully disclosed in writing, client advised to seek independent counsel, and client gives written informed consent