The theory of quasi-contract

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1. What is the difference between trademark and patent?

2. Nike and Michael Jordan created the Air Jordan line in the 1980’s. Jordan filed suit against a Chinese Sportswear company Qiaodan Sports, in China. Jordan is known as Qiaodan in China and the company uses the logo of a man holding a basketball with the number 23. The Chinese company registered Qiaodan as a trademark in China and also filed for trademarks in Jordan’s sons’ names. According to the complaint, Qiaodan had sales of $450 million per year. Do you think Jordan will be successful in his suit against Qiaodan? Why or Why not?

3. What must a party prove in order to recover under the theory of quasi-contract?

4. An oral agreement was made between 3 guys to put some money together and open a restaurant. In order to they had to first form a joint company. However, one of the guys did not have the money at the time the company was formed and was therefore pushed out of the deal by the other two guys. The man, who was pushed out, sued the other two. The defendants argued the plaintiff had no documentation to support his claim. The court had to decide if the plaintiff’s complaint and statement of fact could support a breach of contract claim when no contract seemed to exist. Furthermore. the course considered the idea that quasi-contract could maintain a cause of action that could consist of the theft of ownership opportunity and/or breach of fiduciary duty. How do you think the court decided? Why?

 

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