Misc. Flashcards
Intrusive invasion
When the defendant intentionally invades the plaintiff’s reasonable expectation of privacy in a way that is offensive to a reasonable person
Commercial Appropreation
Using someone’s name, face, or figure w/o their permission
False light
The plaintiff is presented in a false light
Public Revelation of Private Facts
When a D publishes true things that are utterly private
Intrusion on seclusion 2nd restatement
an intentional intrusion upon the solitude or seclusion of another is subject to liability if it would be highly offensive to a reasonable person
Is data collection an intrusion on seclusion?
No, unless it happened when users weren’t logged in
Slander of title
When the D falsely casts doubt on the plaintiff’s ownership of property. similar elements to defamation.
Commercial interference elements
1) a valid contract that the D knew about
2) D engaged in wrongful conduct. (D acted to appropriate the benefits of the K, their conduct was an intentional tort, D’s sole goal was to harm P)
3) D intended to cause a breach and did
4) economic harm
What must be true about the D’s goals for an improper purpose suit to succeed?
No evidence of a mixed motive
What is intellectual property
rights in intangibles such as patents, copyrights, marks (such as trademarks) that identify a business or goods it sells, and trade secrets.
What is a patent
a monopoly for a limited period of time, meant to encourage inventions. (17 years)
Can only be granted by the federal government
How long do copyright protections last?
For the life of the author plus 70 years
What is a trademark?
any word, phrase, symbol, design, or combination of these things that identifies your goods or services.