Questions and Answers of Sport Law A Managerial Approach

Identify and explain each of legal claims raised by the National Hockey League against Pepsi-Cola Canada for Pepsi’s bottle cap promotion.
Which of the following is a trademark that consists of a word in common linguistic use, but neither suggests, identifies,nor explains the purpose, function, or use of the goods?a. Descriptive
In regard to intentional torts, courts ascertain whether there was “intent” by asking the defendant whether he or she meant to cause harm. True or False
What are the five conditions that must be met for an advertisement to be considered false or deceptive?
Defamation claims are primarily concerned with which of the following?a. Restricting public statementsb. Protecting a person’s reputationc. Maintaining high ethical standards in the
In Bailey v. Kentucky Racing Commission, the Kentucky Horse Racing Authority imposed rules that prohibited racetrack advertising. True or False
The unauthorized use of a registered trademark is call infringement. True or False
According to the court in In re Seats, Inc., why was the trademark “SEATS” neither generic nor descriptive?a. The term “seats” is not generic in relation to chair or couches or
To ascertain what contact is “consented” to within a sport, we need to look at both the rules and the culture of the sport. True or False
It is often difficult to establish “intent” in an intentional tort. Therefore, the court employs the _______________ test to establish a more ______ measure of intent.a. “Substantially certain
For a celebrity endorsement to not be deceptive, what criteria must be met?
The right of publicity was first recognized related to professional athletes in which of the following cases?a. Pirone v. MacMillan, Incb. ETW CorPage v. Jireh Publishingc. Haelan Laboratories,
A consumer is an individual who purchases goods or services for commercial resale. True or False
The key elements of a trademark infringement action include which of the following?a. Unauthorized use and a protectable property interestb. Authorized use and likelihood of
Battery can occur even if a plaintiff is comatose or sleeping. True or False
In player-to-player violence cases in contact sports, most jurisdictions continue to use the ___________ standard.a. Negligenceb. Hazingc. Reckless misconductd. Vicarious liability
What is the recommended designation a celebrity endorser should include on any tweets or posts via social media to disclose his or her relationship with a company whose products are being promoted?
Which of the following are included among the elements developed in the Restatement (Third) of Unfair Competition, § 46, for a right of publicity claim?a. Use of a person’s identity to gain a
The Federal Trade Commission is responsible for investigating alleged violations of federal consumer protection statutes. True or False
Tarnishment occurs when a similar mark is used in such a way as to disparage the reputation of the protected trademark. True or False
Most courts have adopted a negligence standard to use in cases of player-to-player violence. True or False
______ states have criminal antihazing laws, and most of these statutes identify hazing as a __________.a. Very few; batteryb. Forty-four: felonyc. Forty-four; misdemeanord. All; misdemeanor
Explain the relatedness, transformative, and predominant use tests related to free speech and publicity rights.
Consumer protection laws were established in the United States because of which of the following?a. Industrialization of U.S. urban areasb. Inequities in the common law due to the doctrine of
The right of publicity prevents or prohibits the use of an athlete or sport celebrity’s name, image, or likeness in news reporting, commentary, entertainment, or in advertising related to those
How do trademark dilution claims differ from trademark infringement claims?a. Trademark infringement must involve a famous mark.b. Trademark dilution is the use of a similar mark by one who is not
Only 10 states have antihazing laws. True or False
A number of reasons exist for the infrequency of criminal prosecutions being brought relative to player violence. Among them are _____:a. Prosecutors want to spend their time and energy on “real
A verbal or spoken comment is per se defamatory if it falls into which of the following categories?a. Imputes that a person has been fired from a job in the pastb. Imputes that a person has a
Ambush marketing is a marketing practice used by companies to confuse consumers as to the status of a company as an official sponsor of a sport event. True or False
In an assault case, how is apprehension gauged?a. The apparent ability to carry out the threat as perceived by the plaintiffb. The actual ability to carry out the threatc. A reasonable person’s
The law of copyrights originates in the United States Constitution. True or False
The fixation requirement for creating a copyright requires which of the following?a. The work contains some minimal amount of creativityb. The work represents a unique ideac. The work involves
When is comparative advertising permitted?
Which of the following pricing and sales activities has raised both price fixing and anti-trust concerns?a. Sales puffingb. Dynamic pricingc. Exclusive licensing agreementsd. Multi-year ticket
For an athlete endorsement to satisfy the FTC deceptive trade practices regulations it must reflect the honest opinion or experience of the athlete. True or False

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