Trademarks, Copyrights, and Intellectual Property Protection: A Comprehensive Overview, Quizzes of Business and Labour Law

Download Trademarks, Copyrights, and Intellectual Property Protection: A Comprehensive Overview and more Quizzes Business and Labour Law in PDF only on Docsity! TERM 1 trade secrets DEFINITION 1 requirements it has value by the fact that it is a secret owner has taken reasonable measures to keep secret dont leave it lying around or set up contracts with secrecyEx. Little Italy secret recipe Coke Formula- kept at a law firm nonchalant KFC suit 11 herbs and spices made a huge vault TERM 2 Trade Secret DEFINITION 2 Hooters vp took alot of secrets to another business TERM 3 U.S. PTO's issuance of a patent DEFINITION 3 provides a presumption of a valid property right seen as novel it can stay a patent shaw that invention is eleigible for a patent explain how to make and use the invention describe the product TERM 4 Trademarks DEFINITION 4 a recognizable sign, design or expression which identifies products or services of a particular source from those of others. Ex. McDonalds Archesgives you a connection between a phrase and your thought of what your trying to find"thats Hot" and the trademark is owned by Paris Hilton/ Licensing Fee TERM 5 Copyrights DEFINITION 5 a legal concept, enacted by most governments, that grants the creator of an original work exclusive rights to its use and distribution, usually for a limited time, with the intention of enabling the creator of intellectual wealth (e.g. last a life time of the author plus 70 years TERM 6 Ryan lochte DEFINITION 6 Trademark jeah is trademarked sunglasses hats and water bottles yung jeezy says it differently though TERM 7 State of Texas Trademark Dont mess with Texas DEFINITION 7 roots- anti littering campaign asking young males not to litter has become a trademark cease and assist is sent to a person if they try to steal the trademark TERM 8 why protect trademarks DEFINITION 8 to protect business investments in their prospective bands to protect the consumers from being tricked into buying the wrong product from a stolen trademark TERM 9 genetically modified crops DEFINITION 9 current patents TERM 10 trademarks DEFINITION 10 as long as you keep registration current by periodically renewing this you should never have a problem TERM 21 Trademark Infringement DEFINITION 21 a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees. TERM 22 Velcro DEFINITION 22 generic mark or not it has not become generic they are still a protected trademark a company that produces the first commercially marketed fabric hook and loop fastener, invented in 1948 by the Swiss electrical engineer George de Mestral. TERM 23 Contract Law DEFINITION 23 an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. single most important portion of business law you can learn TERM 24 Offeror DEFINITION 24 Party who is making the offer "or" means this is the person taking the action elements required for the formation of a legally binding contract: the expression of an offer to contract on certain terms by one person to another person (the "offeree"), and an indication by the offeree of its acceptance of those terms. TERM 25 Offeree DEFINITION 25 party to whom the offer is made TERM 26 Contract Formation DEFINITION 26 Five essential elments of a valid contact offer acceptance consideration capacity lawful If you are missing any of these requirements the contract is deemed void TERM 27 They do not have a valid contract DEFINITION 27 where do you see business get in trouble with contracts TERM 28 Void Contract DEFINITION 28 A void contract, also known as a void agreement, is not actually a contract. A void contract cannot be enforced by law. TERM 29 Offer to Contract DEFINITION 29 proposed deal requires intent on the part of the offeror Can be Terminated See sidebar 8.4 on page 243 TERM 30 Offers DEFINITION 30 "would you be willing to pay a reasonable price for my land?" vs.Ill sell you my 4.3 acres located at 123 Main Street in Anytown, Ga for $200000." TERM 31 Reasonable Person standard DEFINITION 31 Explain an offer or a contract to a random person who knows nothing about the contract to see if it is a valid contract TERM 32 Pepsi commercial about contract DEFINITION 32 lawsuit over pepsi rewards 7 million pepsi rewards for fighter jet then pepsi ups the rewards in the next commercial 700 billion bought pepsi rewards for jet brings in a reasonable person to decide so it doesnt matter what the boy or pepsi thinks TERM 33 Donald Trump Contract Law DEFINITION 33 youtube video if barack obama lets out his information to the press i will give 5 million dollars to a charity of any choice Then Jay Maher mimicks Donald Trumps offer with if donald trump releases his birth certificate to prove that he isnt a spawn of an orangutan then he will pay 5 million Trump sued but dismissed on the ground of mahar's offer being a joke TERM 34 uniform commercial code DEFINITION 34 one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America. regulates contracts for the sale of goods tangible items of personal profit as long as you say the quantity the contract is deemed an offer that could be accepted TERM 35 Truffle Pasta Uniform Commercial Code DEFINITION 35 a group of folks went out to eat in New York the diners did the special and the bill ended up being 650 dollars which was way over the special deemed valid under the UCC he looked up average prices around new york city and charged the offeree $50 TERM 46 Material Breach DEFINITION 46 a party has failed to fulfill all or most of its contractual obligations the breaching party is liable for damages resulting from the breach ex. painter has to pay you the full grand for damages to the homeowner if they do not complete a vast majority of the task TERM 47 Commercial Impracticability DEFINITION 47 Ex. On August 1st 2010, a seafood supplier in pensacola, fl agrees to provide publix with 500 lbs of shrimp per day through August 1 2010 seen as burdensome circumstances have changed oil rig blows up the federal government shuts off the gulf of mexico seafood supplier cannot provide shrimp to publix TERM 48 Impossibility DEFINITION 48 an excuse for the nonperformance of duties under a contract, based on a change in circumstances, the nonoccurrence of which was an underlying assumption of the contract, that makes performance of the contract literally impossible. Contacts on the sell of bath salts could not be upheld strictly based on circumstances TERM 49 Release DEFINITION 49 Safest way to get out of a contract seperate contract that negotiates the first contract to say that they can't keep their side of the bargain the company pays damages for this release but not substantial written contract that basically says let us off the hook for "X" amount of dollars TERM 50 Waiver DEFINITION 50 you don't do anything basically crossing your fingers and hoping you get this very reactive instead of proactive not as good as a release not separate contract the other party is getting screwed and the other party gets off clean TERM 51 Negotiated Settlements DEFINITION 51 90% of the breaches are done this way cheap and efficient two parties negotiate an agreement TERM 52 Arbitration DEFINITION 52 a form of alternative dispute resolution, is a technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision (the "award") they agree to be bound. biased towards the business TERM 53 Agency Law DEFINITION 53 an area of commercial law dealing with a set of contractual, quasi- contractual and non-contractual fiduciary relationships that involve a person, called the agent, that is authorized to act on behalf of another to create legal relations with a third party. how businesses go about conducting their day to day operations the principle hires agents so that these agents can conduct business that the principle wants them to do TERM 54 Principle DEFINITION 54 an employer a piece of paper TERM 55 agent DEFINITION 55 the employees do the bidding for the principle TERM 56 third Party DEFINITION 56 customers, suppliers, government TERM 57 Tort Liability DEFINITION 57 Assume dwight hits another driver on his way to make a sales call. is Dunder Mifflin liable to the accident victim? respondent superior ex. Agents gets in an accident over the lunch hour when he goes hame to check on a sick child vs. while on a sales call Ex. Customer makes disparaging remark about UGA and agent punches vs. agent punching customer in connection with a business related payment dispute TERM 58 Respondent Superior DEFINITION 58 a legal doctrine which states that, in many circumstances, an employer is responsible for the actions of employees performed within the course of their employment. is the principle involved in the agents scope of employment was the agent acting as an employee or acting on own personal time TERM 59 Criminal Law DEFINITION 59 A government representative brings an action seeking to redress a wrong committed against society generally TERM 60 Tort Law DEFINITION 60 we define everything as what they arent rather than what they areanything that is not a breach of contracta civil lawsuit could arise in a criminal law battery or the crime of battery TERM 71 Harper v. Winston County DEFINITION 71 offensive touching standard two municipal employees supervisor vs. subordinate they were is a public area and got into a exchange and one of the grabbed the others wrist to deal with it in the back office supervisor said that she gently grabbed the wrist subordinate said that she grabbed the wrist and yanked trial court no but supreme court says yes because there was a jerking of the wrist TERM 72 Contracts and Assault DEFINITION 72 rely on reasonable person standard in the courtroom pluck someone at random TERM 73 right of publicity DEFINITION 73 the right to control the use of one's own name, picture, or likeness and to prevent another from using it for commercial benefit without one's consent protective of celebrities Ex. Brawny paper towels- guy saw his face on brawny paper towels TERM 74 Invasion of Privacy by Appropriation DEFINITION 74 the use of another's name or likeness for one's own benefit especially commercial gain using a name or likeness to make a buck Ex. hallmark greeting cards for paris hiltonEx. Post cereal had permission to use Flinstone characters but not hulks character / not a direct photographic rip off but a cartoon that looked like him and the use of Bulk Boulder TERM 75 Paris Hiltons Attorney DEFINITION 75 greeting cards had name, face, and signature catch phrase this was a calculated way to use miss Hilton's actual photo, name, and catch phrase.... to draw attention to hallmarks product TERM 76 Invasion of Privacy by Intrusion DEFINITION 76 A Highly offensive interference with a person's physical solitude Erin Andrews video of her changing from a stalker She sued the guy on these grounds the victim has a reasonable expectation of privacy Nude in backyard compared to Nude on the beach Ex. Kate Middleton sun bathing topless at resort and brought charges against the person and won TERM 77 Invasion of Privacy by Public disclosure of Private Facts DEFINITION 77 The public revelation of highly objectionable private information about another Protects against gossiping tortfeasor has to reveal something highly disclosed information and the public has to have a revelation about his knowledge TERM 78 Defamation DEFINITION 78 the communication of a false statement that harms the reputation of an individual, business, product, group, government, religion, or nation. distinguished from public disclosure you are dealing with facts and in this your dealing with lies about the person The Publication of false statements about another which harm the person's reputation TERM 79 defamation is false DEFINITION 79 Truth is an absolute defense if the tortfeasor can prove that what he said is true then he can be proven innocent TERM 80 Defamation for Public Officials/Figures DEFINITION 80 the bar is upped for public officials and figures you have to show that the tortfeasor had to know that the statements they were making were false Harder for them to win TERM 81 Conversion DEFINITION 81 The wrongful exercise of control over the personal property of another treating someone else's personal property as it was your own No trivial it has to be a significant infringement of property rights Ex. Laptop stealing TERM 82 Fraud DEFINITION 82 An Intentional misrepresentation of a materiel fact on which the victim justifiably relies to his or her detriment Huge problem for businesses a lot of civil lawsuits and criminal prosecutions TERM 83 Wally Butts and Bear Bryant Defamation DEFINITION 83 two coaches say that they were defamed through a newspaper accidental patching in between the two guys calls talking about the upcoming football game exchange of plays and moves Newspaper is sued on defamation of the insurance agency TERM 84 Atlanta Bombing DEFINITION 84 security guard saw the duffle bag newspaper shows this guy as a want to be hero It was not Richard Jewel so he sued for defamation TERM 85 Intentional Misrepresentation DEFINITION 85 you are intentionally lying Ex. Al, a college professor knowing very little about cats list his 2005 Toyota 4runner in the classifieds. Al tells Bob, a prospective buyer that the truck is in great shape. Bob buys the truck and the next day the transmission dies Not charged with fraud Coffee stain is not fraud because Al didn't disclose information The fraud is when al doesn't tell bob when the front bumper has been crushed and sells it TERM 96 defenses to negligence claim DEFINITION 96 contributory negligence comparative negligence assumption of the risk TERM 97 Contributory Negligence DEFINITION 97 your driving your car over the speed limit and a meth head speeding wrecks into you under old school negligence the meth head could counter the victim's claim because the other driver was speeding TERM 98 Comparative Negligence DEFINITION 98 a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim based upon the degree to which the plaintiff's own negligence contributed to cause the injury. mcdonalds coffee lawsuit TERM 99 Assumption of the risk DEFINITION 99 the victim chose to encounter the tortfeasors irresponsibility Ex. fan gets hit by a foul ball so the fan assumed the risk by going to the game TERM 100 Compensatory damages DEFINITION 100 Economic damages rehab bills car bills salary missed TERM 101 Non-economic damages DEFINITION 101 controversial tort reforms to limit damages for intangible harms such as severe pain, physical and emotional distress, disfigurement, loss of the enjoyment of life that an injury has caused, including sterility, physical impairment and loss of a loved one, etc. TERM 102 Punitive Damages DEFINITION 102 are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. sends message to the world for behaving under this conduct TERM 103 Felony DEFINITION 103 means a serious crime. The word originates from English common law, where felonies were originally crimes that involved confiscation of a convicted person's land and goods. have to have indictment "no person shall be held to answer for a felony unless on a indictment of a grand jury" have to be indicted of a jury of their peers TERM 104 Indictment DEFINITION 104 a formal accusation that a person has committed a crime. TERM 105 Misdemeanor DEFINITION 105 any "lesser" criminal act in some common law legal systems. up to the prosecutor if he gives you this TERM 106 Probable Cause DEFINITION 106 the standard by which an officer or agent of the law has the grounds to obtain a warrant for, or as an exception to the warrant requirements for, making an arrest or conducting a personal or property search, etc. for an indictment to issue a majority of the grand jury must find that a crime has been committed and that the evidence is sufficient to warrant the accused's standing trial for that crime TERM 107 Grand jury DEFINITION 107 a legal body that is empowered to conduct official proceedings to investigate potential criminal conduct and to determine whether criminal charges should be brought. know the difference between petit and grand juries