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Hannah's Hut Operates in a Small Retail Space Located Just

Question 83

Multiple Choice

Hannah's Hut operates in a small retail space located just off Times Square. The landlord is Times Square Rentals. Hannah's Hut sells fake Rolex and Cartier watches. Which of the following is a correct statement about Times Squares Rentals liability to Rolex and Cartier for the infringement of their trade names and trademarks by Hannah's Hut?


A) Times Square Rentals has no liability for the conduct of tenants.
B) Times Square Rentals would have vicarious liability if they are aware of the sales.
C) Times Square Rentals would have liability only if the rent includes a percentage of sales.
D) Times Square Rentals can exculpate its liability by having a provision in the lease that prohibits Hannah's Huts from making such sales.

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