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68 Cards in this Set
- Front
- Back
- 3rd side (hint)
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What is a trade secret?
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Protected method for doing business or item crucial to a business’s success (customer list)
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Does an owner of a trade secret have any obligations under the law?
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Yes to keep the trade secret protected
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*What laws afford protection of a trade secret?
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Misappropriation
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*What is required to get a patent?
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1. Novel
2. Useful 3. Nonobvious |
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*What types of things can be patented?
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Invention, Flowers, Utility Design, Machine process
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*How does an individual get a patent?
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Apply at the Patents and Trademark Office
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*What may the patent holder recover in a successful patent infringement action??
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Statutory actions for damages
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*What can be copyrighted?
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Music, books, magazines, songs, dances, recordings, etc.
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*What is required in order to get a copyright?
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Copyright registration isn’t necessary but requested
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*What is the computer software copyright act?
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Under this act ALL software can be copyrighted whether it is machine language or ordinary language.
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*What is the digital millennium copyright act?
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Protections technology to their copyright law; protects if ppl make copies of copyrighted materials, if they assist others to do so, if they are providing expertice, or they are manufacturing products
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*Can a work be used even if it is copyrighted?
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Yes, if a person gets permission by having the copyrighted owner license their product. OR a work can be used if it is fair use
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What is the fair use doctrine?
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Fair Use is occasional & spontaneous use of copyright materials for limited purposes
( Ex: In classrooms (teachers in lectures OR students using in projects) |
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*What can be trademarked?
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Symbols, words, designs, pictures
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*What is the purpose of a trademark?
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To protect the company’s goodwill
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*How does an individual register a trademark?
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Goods must move in interstate commerce …THEN the trademarked is registered on the Principle Register
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*What laws protect a trademark?
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Lanham Act= Fed. Law to afford businesses protection of their trademarks
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*What three aspects must be present for an invention to be patented?
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1. Not generic
2. Evidence of Distinctive 3. Secondary meaning (what makes it special) |
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*When does copyright infringement occur?
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When someone use copyrighted material for “commercial advantage and or private financial gain”
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*What is the AntiCybersquatting Consumer Protection Act?
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It prohibits cybersquatting and to offer clear standards of proof as well as remedies for this activity
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cybersquating: process of registering sites and domain names that deceptive (Victor Secert)
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-What is statutory law?
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Law codified and written; passed by some government entity
Exsists at all levels of government |
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-What are “private” laws?
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Private laws are developed between two people (Ex; homeowners regulations on their land)
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-What is the relationship between a trial court and an appellate court?
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Trial= Where the facts of the case are presented
Appellate Court= *Reviews trial courts decision , helps assure the lower courts applied law correctly, and followed rules of procedures *Have more than one judge (usually 3) |
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-What is “precedent” or stare decisis?
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“Let the decision stand”
Review old decisions and new and make a decision |
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-Why might precedent not be followed? (p.85)
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The precedent is from another state
The precedent is also not followed when the facts of cases can be “distinguished” (which means that the context ins one case is different enough from those of other cases that the precedent cant be applied) |
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-Who is a Plaintiff?
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*parties who initiate a lawsuit
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Who is a Defendant?
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*ones from whom the plantiffs want recovery
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-What is “diversity of citizenship”?
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Cases in which the parties are from different states and their case involves damage claims 75,000 or HIGHER
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What is ADR?
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*(Alternative Disput Resolution)- offers parties alternative means of resolving their differences outside actual courtroom litigation and costly aspects of preparation for it
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-What is meant by “statute of limitations?”
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*generic term referring to the varies state statutes controlling the time periods in which sutis must be brought by plaintiffs (time varies depending on the nature of the suit) i.e. contract statues last four years
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-What are some ways to timely resolve a case and avoid going to trial? P. 130-133
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(Motions=request to the court that it take certain action ??)
1.Motion for judgment on the pleadings= there is no cause of action even if everything the plaintiff alleges is true 2.Motion to Dismiss= can be filed an time during the proceedings but usually is part of the defendant’s answers lack of subject matter .(aka in personam jurisdiction) 3.Motion for Summary Judgment= 2 Requirements. appropriate when… a. Only when the moving party is entitled to a judgement under the law b. There is no issues of fact |
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-What is the Bill of Rights?
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First 10 Amendments of the Constitution
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-What does the Commerce Clause regulate?
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Provides Congress with the power to regulate Commerce with foreign Nations, and among the several states
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-How has the Commerce Clause had a critical role in the elimination of discrimination?
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Its had a critical role because the Court’s liberal definition of what constitutes interstate commerce has permitted the application of Federal civil rights kaws to local activities (p. 197)
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What is the difference between “tort” and “crime?”
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-Tort= CIVIL wrongs, not straight, but twisted (any interference with someone elses property)
-Crime= PUBLIC wrong and requires the wrongdoer to pay a debt to society |
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-What is defamation?
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An untrue statement made by one party to another about the third party (either slander or libel)
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-What are defenses to defamation?
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You can mention something if it TRUE. For example, if you disclose that you boss did LCD, than it was obviously harmful to his image but it is the TURTH so no crime is committed on your end
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-What is intentional infliction of emotional distress?
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Where creditors and collection agencies that harass debtors in order to attempt to collect funds
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-What is unauthorized appropriation?
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The appropriation of somones’s name, likeliness, or voice for commercial advantage without his/her permission
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Distinguish each of the 5 elements of negligence.
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The duty, breach of duty, Causation, Proximate Cause, Damages
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The Duty
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a. We need to live up to the standard of being cautious
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Breach of Duty
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a. The determination that the defendant fell short of the standard or breached the duty for the plaintiff to recover on the basis of negligence For example, an accountant owes duty to do an audit in competent and professional manner..if not, it is considered a breach of duty
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Causation
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a. “but for” test= aka danger zone
b. (ex: hotel fence) |
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4. Proximate Cause
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a. Cut off line between the “but for” causation & events that contribute to the injury of the plaintiff
b. (ex: tire falling off the car due to poor job done by tire repair shop) |
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5. Damages
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a. Plaintiff can sue for damages
i. (ex. Medical bills) |
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-What are some ways to timely resolve a case and avoid going to trial? P. 130-133
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(Motions=request to the court that it take certain action ??)
1.Motion for judgment on the pleadings= there is no cause of action even if everything the plaintiff alleges is true 2.Motion to Dismiss= can be filed an time during the proceedings but usually is part of the defendant’s answers lack of subject matter .(aka in personam jurisdiction) 3.Motion for Summary Judgment= 2 Requirements. appropriate when… a. Only when the moving party is entitled to a judgement under the law b. There is no issues of fact |
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-What is the Bill of Rights?
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First 10 Amendments of the Constitution
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-What does the Commerce Clause regulate?
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Provides Congress with the power to regulate Commerce with foreign Nations, and among the several states
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-How has the Commerce Clause had a critical role in the elimination of discrimination?
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IT permitted the application of Federal civil rights laws to local activities (p. 197)
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What is the difference between “tort” and “crime?”
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-Tort= CIVIL wrongs, not straight, but twisted (any interference with someone elses property)
-Crime= PUBLIC wrong and requires the wrongdoer to pay a debt to society |
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-What is defamation?
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An untrue statement made by one party to another about the third party (either slander or libel)
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-What are defenses to defamation?
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You can mention something if it TRUE. For example, if you disclose that you boss did LCD, than it was obviously harmful to his image but it is the TURTH so no crime is committed on your end
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-What is intentional infliction of emotional distress?
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Where creditors and collection agencies that harass debtors in order to attempt to collect funds
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-What is unauthorized appropriation?
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The appropriation of somones’s name, likeliness, or voice for commercial advantage without his/her permission
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Distinguish each of the 5 elements of negligence.
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The duty, breach of duty, Causation, Proximate Cause, Damages
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The Duty
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a. We need to live up to the standard of being cautious
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Breach of Duty
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a. The determination that the defendant fell short of the standard or breached the duty for the plaintiff to recover on the basis of negligence For example, an accountant owes duty to do an audit in competent and professional manner..if not, it is considered a breach of duty
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Causation
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a. “but for” test= aka danger zone
b. (ex: hotel fence) |
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4. Proximate Cause
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a. Cut off line between the “but for” causation & events that contribute to the injury of the plaintiff
b. (ex: tire falling off the car due to poor job done by tire repair shop) |
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5. Damages
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a. Plaintiff can sue for damages
i. (ex. Medical bills) |
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-What is assumption of risk?
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Requires the defendant to prove that the plaintiff knew there was risk of injury in the conduct he/she undertook but decided to go forward anyways ( Ex: skydiving event)
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-What is comparative negligence?
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Determines the level of fault for both plaintiff and the defendant and, based on this assessment of fault, determines how much each of the parties will be awarded (ex: 70% to plaintiff 30% to defendant)
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What can a business do to help create a safe environment for its customers?
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1) Good lighting
2) Access to public phones 3) Security Patrols 4) Locked gates to parking lots 5) Escorts to customers and employees to their vehicles after closing hours 6) Camera security 7) Assigned parking spaces for tenants 8) Warning signs to use caution and be alert |
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-Distinguish between the four main types of IP
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A. Patents
B. Copyrights C. Trademarks D. Trade Secrets |
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-What is meant by “infringement?”
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Anyone who sells or uses a a ptented products or process without the consent of the patent holder
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-What is fair use?
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Fair use is when it is ok to use copyrighted materials Purpose such as..
1. Criticism 2. news reporting 3. Teaching * Factors that need to be considered : A. NON PROFITABLE B. The AMOUNT and substantiality of the portion used in relation to the copyrighted work as a whole D. The effect of use upon the potential market for or value of copyright material |
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-What is a “generic” term?
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Generic means that it is in our common language. For example, “pretty”, “Hog” “ women” ..etc.
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What is required to prove misappropriation of a trade secret? P. 645
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*Proof that there was some form of theft, industrial espionage, or bribery as the means used for obtaining the trade secret
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