Business Law 5-7 Test Flashcards
Intellectual Property
any property resulting from intellectual, creative processes, such as books, software, music, apps
Trademark
a distinctive word, symbol, or design that identifies the manufacturer as the source of the goods and distinguishes its products and services from those made or sold by others.
Lanham Act of 1946
protect manufacturers from losing business to rival companies that use confusingly similar trademarks
Trademark Infringement
when one uses a mark that is the same as, or confusingly similar to, the protected trademark, service mark, trade name, or trade dress of another without permission when marketing goods or services
Trade Dress
the image and overall appearance of a product
Trade Name
part or all of a business’s name
Licensing
an agreement permitting the use of a trademark, copyright, patent, or trade secret for certain limited purposes
Patent
a grant from the government that gives an inventor the exclusive right to make, use, and sell an invention for twenty years from the date when the application for a patent is filed
What is Patentable?
an invention (or a discovery, process, or design) must be genuine, novel, useful, and not obvious in light of current technology
Patent Infringement
when one uses or sells another’s patented design, product, or process without the patent owner’s permission
Copyright
an intangible property right granted by federal statute to the author or originator of certain literary or artistic productions
What can be copyrighted?
books, records, films, artworks, architectural plans, menus, music videos, product packaging, and computer software
Copyright Infringement
whenever the form or expression of an idea is copied without the permission of the copyright holder
Trade Secret
information of commercial value. It includes customer lists, plans, research and development, and pricing information
SPAM
unsolicited junk e-mail, which accounts for about three-quarters of all e-mails and targets both businesses and individuals
Domain Names
the part to the left of the period in an Internet address. The right part indicates the type of entity that operates the site. Cengage is the domain name In the Internet address, cengage.com
Cybersquatting
when a person registers a domain name that is the same as, or confusingly similar to, the trademark of another and then offers to sell the domain name back to the trademark owner
Meta tags
keywords inserted into HTML code to tell Internet browsers information about a Web site
Trademark Dilution
occurs when a trademark is used online, without authorization, in a way that diminishes the distinctive quality of the mark.
Laws surrounding spam
Laws to combat spam have been enacted by 36 states and the federal government, but the flow of spam continues
The Internet Corporation for Assigned Names and Numbers (ICANN)
oversees the distribution of domain names and operates an online arbitration system
The Anticybersquatting Consumer Protection Act (ACPA)
makes cybersquatting illegal
What must be true for cybersquatting to be illegal?
- The name is identical or confusingly similar to the trademark of another.
- The one registering, trafficking in, or using the domain name has a “bad faith intent” to profit from that trademark.
Digital Millennium Copyright Act (DMCA)
It establishes civil and criminal penalties for anyone who bypasses encryption software or other antipiracy technologies
