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Legal Environment of Business > Test 2 > Flashcards

Test 2 Flashcards

1
Q

Intellectual Property-

A

Is any property that is the product of an individual’s mind, e.g, books, software, movies, music.

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2
Q

Trademark-

A

A distinctive mark, logo, emblem that is stamped of affixed to a product which serves to identify the product in the market.

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3
Q

Lanham Act of 1946-

A

Provides federal protection of manufacturers from loosing business to rivals that used confusingly similar brands and products.

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4
Q

Trademark Dillution Act of 1995-

A

Amended Lanham Act to bring federal cause of action in federal court for trademark dilution –even when mark is unlikely to confuse.

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5
Q

Strong marks-

A

Fanciful, arbitrary, or suggestive trademarks are most distinctive marks, normally not related to product (Apple, Xerox, Starbucks).

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6
Q

Secondary meaning-

A

Descriptive, geographical, or personal names do not acquire protection until consumers associate term with product (London Fog).

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7
Q

Generic terms have ____ protection.

A

No

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8
Q

Service Mark-

A

Similar to trademark but used for services (includes TV and radio).

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9
Q

Certification Mark-

A

Quality of goods (UL tested, Good Housekeeping).

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10
Q

Collective Mark-

A

Used by members of a cooperative, association, union.

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11
Q

Trade Dress (Law)-

A

Protects image and appearance of a product or store (Example: fish shape of cracker, Starbucks stores).

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12
Q

Counterfeit Goods (Law)-

A

Stop Counterfeiting in Manufactured Goods Act criminalizes intentional trafficking in counterfeit goods.

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13
Q

Trade Names (Law)-

A

Indicates all or part of a business name that is protected (Example: Safeway).

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14
Q

Domain Names (Law)-

A

Trademarks in Cyberspace (example: Nike.com).

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15
Q

Cybersquatting-

A

Occurs when 3d party registers a domain name that is the same or similar to another company’s own trade name.

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16
Q

Meta Tags-

A

Keywords in web pages used by internet search engines. Ex: Playboy

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17
Q

Licensing-

A

Agreement that permits use of trademark, copyright, or patent in cyber space.

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18
Q

Patent-

A

Government monopoly that gives inventor the exclusive right to make, use or sell and invention for 20 years.

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19
Q

What is patentable?

A

Item must be novel and not “obvious”. Almost anything is patentable (excluding laws of nature, natural phenomena, abstract ideas).

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20
Q

Patent Infringement-

A

Item must be novel and not “obvious”. Almost anything is patentable (excluding laws of nature, natural phenomena, abstract ideas).

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21
Q

T/F Intangible property right automatically granted by federal statute to the author for life plus 70 years.

A

True

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22
Q

What is Protected Expression (intangible property right)?

A

Work must be original and “fixed in a durable medium.” Ideas are not protected, but the expression of an idea is.

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23
Q

Copyright Infringement-

A

Form or expression is copied (does not have to be in its entirety).

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24
Q

The “Fair Use” Exception-

A

Certain persons or organization can copy materials without penalty (e.g., education, news, research).

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25
Felonies-
Serious crimes punishable by death or by imprisonment over one (1) year.
26
Misdemeanors-
Less serious crimes punishable by fine or by confinement up to one (1) year.
27
Actus reus-
Proving that the defendant performed the criminal act
28
Mens rea-
While performing the act, had the required intent or specific state of mind
29
Responsible Officer Doctrine-
Corporate board members and executives can be help criminally liable when they fail to perform statutory duties.
30
Violent Crimes-
Crimes against persons
31
Burglary-
Unlawful entry or breaking into a building with the intent to commit a crime therein.
32
Larceny-
Wrongful taking and carrying away of another person’s property with the intent to permanently deprive the owner of the property.
33
Obtaining Good By False Pretenses-
Paying for goods with a check without money in account
34
Receiving Stolen Goods-
Recipient must know or should have known the goods were stolen.
35
Arson-
Willful and malicious burning of a building
36
Forgery-
The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another.
37
Public Order Crimes-
Viewed as crimes because these lead to an environment giving rise to property and violent crimes.
38
White Collar Crimes-
Non-violent crimes involving a business transaction.
39
Embezzlement-
The fraudulent appropriation of funds or other property by a person to whom the funds or property have been entrusted.
40
Mail & Wire Fraud-
Defrauding someone: 1) Using the mail system 2) Wire system 3) Radio, T.V., internet, etc.
41
Computer Crimes--
Any crime that involves the use of, or theft of a computer.
42
Identity Theft-
When a person steals another person’s identifying information.
43
Cyberstalking-
Online harassment.
44
Hacking-
Use of a computer to break into another computer
45
Cyber-terrorism-
Hacker who targets a computer for a serious impact.
46
Bribery-
Of public officials – any attempt to influence a public official to act in a way that serves a private interest
47
Insider-trading-
The purchase or sale of securities on the basis of “inside info.”
48
Money laundering-
Falsely reporting income that has been obtained through criminal activity as income obtained through a legitimate business enterprise.
49
Defenses to Criminal Liability (Non-lethal use of force/crime)
1) Duress. 2) Entrapment. 3) Statute of Limitations. 4) Immunity.
50
Defense against violent crimes-
1) Justifiable use of force. 2) Necessity, 3) Insanity. 4) Mistake.
51
Consent-
Voluntary agreement to a proposition or an act of another.
52
Duress-
Unlawful pressure on a person causing the person to perform an act he/she would not otherwise do.
53
Justifiable Use of Force-
Deadly force is reasonable only if there is a reasonable belief that imminent death or great bodily harm will otherwise result
54
Entrapment Proof-
1) Suggestion for crime came from gov’t official 2) Inducement came from gov’t official 3) That D. was not predisposed to commit that type of crime
55
Exclusionary Rule-
Evidence obtained in violation of constitutional procedures must be excluded.
56
Miranda Rule-
Inform suspect of his rights.
57
Duty Based Ethics-
Ethics based on perceived duties; derived from religious and philosophical principles.
58
Categorical Imperative-
What would happen if everyone acted in the same way.
59
Principle of rights theory-
To owe a duty to someone means that you believe the person has rights; all people have certain fundamental rights
60
Religious Moral Standards-
The rightness or wrongness of an action is usually judged according to its conformity to an absolute rule that commands a particular form of behavior.
61
Kantian Ethics-
Premised on the belief that general guiding principles for moral behavior can be derived from human nature.
62
Outcome Based Ethics-
Seek to ensure a given outcome.
63
Utilitarian Ethics-
Ethical reasoning that does not focus on moral values, but on how people are affected by the decision.
64
Moral Minimum-
The minimum degree of ethical behavior expected of businesses; usually viewed as compliance with the law
65
Corporate Social Responsibility-
Corporations should be interested in impact on civil rights, environment, consumer protection, employee safety and welfare.
66
Profit Maximization Approach-
People are getting something they need or want | Our society views income and wealth as ethical goals
67
Stakeholder Approach-
Determine which groups are affected by a decision and how they are affected.
68
Corporate Citizenship-
Corporations should make decisions based on goals that society deems worthwhile and take positive steps toward solving social problems.

Legal Environment of Business (2 decks)

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