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Cumberlands Business and Intellectual Property Law Reflection Paper

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Assigned Readings:

Chapter 12. Contracts and Sales: Performance, Remedies, and Collection.

Chapter 13. Business Marketing and Products: Ads and Product Safety.

Chapter 14. Business Competition: Antitrust Law.

Chapter 15. Business and Intellectual Property Law.

Initial Postings:  Read and reflect on the assigned readings for the week. Then post what  you thought was the most important concept(s), method(s), term(s),  and/or any other thing that you felt was worthy of your understanding in  each assigned textbook chapter.Your initial post should be based upon  the assigned reading for the week, so the textbook should be a source  listed in your reference section and cited within the body of the text.  Other sources are not required but feel free to use them if they aid in  your discussion.

Also, provide a graduate-level response to each of the following questions:

Sly  Salesperson sells cars.  While selling a car, Sly Salesperson tells the  potential buyer that “this is the best car around.  It’s a great car  and sips gas.”  The car has an average fuel rating.  Has Sly Salesperson  committed a misrepresentation?  Fraud?  Why or why not?  Does the  analysis change if Sly Salesperson says the car get 40 miles per gallon,  but in fact the car only gets 30 miles per gallon?

What  factors have courts considered when evaluating factual statements  versus opinion-based statements?  Could there still be liability for  purely opinion-based statements?  

Explain what the Robinson-Patman Act prohibits, what is required to show a violation, and what the defenses are.

Explain the differences in patents, copyrights, and trademarks, including the length of each and examples of each.

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