Vogel could succeed on his strict product liability claim if he can meet all six requirements. Vogel will have to prove that the phone design was defected when he bought it, he would (in some cases) need to be a retailer of the phone, Vogel would have to prove that the phone design is an unreasonably dangerous product, he would need to prove that the phone is what caused him to suffer the severe burn and the defect would have to be the proximate cause of his burn, and last but not least the phone must not have been substantially changed from when Vogel bought it to when the phone caught fire.
The court is most likely to rule in favor of Trend Now. The phrase "Looks Great" is a generic term that is not a term that is a registered trademark. Even if Style-One applied to have this phrase registered they would most likely be turned down. Each one of these companies have used this phrase for years …show more content…
Miserly Insurance Company wants to make sure that Lori is not making comments that will be detrimental to her case or alter the state of which the events happened in her accident. Lori might argue in opposition that they are violating her rights in trying to get her information and say that the Electronic Communications Privacy Act (ECPA) protects her from them using her online "opinions" against her. The court should grant the defendant's request only to use facts and not opinions. They should be able to make sure that Lori is not falsifying information or committing slander in the process of stating her opinion on social