In a negligence case, the plaintiff must establish:
Duty, strict liability, causation and injury
Mens rea, breach, foreseeable harm and causation
Duty, actus reus, foreseeable harm and causation
Duty of due care, breach, causation, foreseeable harm and damages
- Includes copying a work for purposes of commentary, criticism, news reporting, teaching or just research.
- The law provides four factors that courts must consider in determining whether the use is fair.
- First, the court must consider the purpose and character of the use. Is it for educational purpose or for making a profit?
- Second, the court must consider the nature of the copyrighted work. Is the work part of the "core" of the intended protection that copyright provides?
- Third, the court must consider the amount and substantiality of the portion used. This is an important factor—it is one thing for your professor to copy an excerpt from a journal or book for distribution in class (probably fair) and another to copy the entire journal or book (probably infringing).
- Finally, the court must consider the effect of the use on the potential market for the copyrighted work. If the use is considered fair, what would it do to the market for the copyrighted work? For example, if copying an entire textbook is fair, it would probably eliminate the market for new textbooks.
- If the mark refers to a class of goods instead of the company's mark, the trademark can no longer exist. - Many words today once started as trademarks: furnace, aspirin, escalator, thermos, asphalt, zipper, soft-soap, colophon, lite beer, Q-tip, and yo-yo are all examples of trademarks that are now generic and have therefore lost legal protection. - Threatening employees with loss of jobs or benefits if they join or vote for a union or engage in protected concerted activity
- Threatening to close the plant if employees select a union to represent them
- Questioning employees about their union sympathies or activities in circumstances that tend to interfere with, restrain, or coerce employees in the exercise of their rights under the act
- Promising benefits to employees to discourage their union support
- Transferring, laying off, terminating, assigning employees more difficult work tasks, or otherwise punishing employees because they engaged in union or protected concerted activity
- Transferring, laying off, terminating, assigning employees more difficult work tasks, or otherwise punishing employees because they filed unfair labor practice charges or participated in an investigation conducted by NLRB