Business Law Exam 2 (Ch 4-6)

Cookies

- A small file sent from a website and stored in a user's Web browser to track the user's Web browsing activities. - Provide detailed information to marketers about behavior/preferences

Software License

- frequently include restrictions that prohibit licensees from sharing the file and using it to create similar software applications - may limit use to a specific device or give permission for a certain time period

Several factors considered in determining whether a duty of care has been breached:

1. the nature of the act (outrageous or commonplace) 2. the manner in which the act was performed (cautiously vs. heedlessly) 3. the nature of the injury (serious or slight)

Personal Property

All property not classified as real property

What is patentable?

Almost anything except the laws of nature, natural phenomena, and abstract ideas; must be novel, useful and not obvious in light of current technology

Similar mark

more likely to lessen the value of a famous mark when the companies using the marks provide related goods or compete against each other in the same market

Injunction

most commonly granted remedy for trademark infringement; can recover actual damages, plus the profits that the infringer wrongfully received from the unauthorized use of the mark; court can order destruction of any goods bearing the unauthorized trademark

Unintentional Tort

negligence or malpractice; negligence results from the breach of a duty to act reasonably (fault without intent)

Fact

objectively ascertainable

Tortfeasor

one who commits a tort

To be protected under the Copyright Act, a work must be a. an inseparable idea and expression. b. none of the choices. c. original and fixed in a durable medium. d. a concept, principle, or discovery

original and fixed in a durable medium.

Actual Malice

the deliberate intent to cause harm that exists when a person makes a statement with either knowledge of its falsity or reckless disregard of the truth. It is required to establish defamation against public figures

Copyright

the exclusive right to publish and sell a literary, musical, or artistic work for a specified period of time; works created after 1978 are automatically given copyright protection for life of author + 70 years; for copyrights owned by publishing companies, the copyright expires 95 years from the date of publication or 120 years from the date of creation

Communications Decency Act

the first notable attempt by the United States Congress to regulate pornographic material on the Internet. "no provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider"

False Imprisonment

the intentional confinement or restraint of another person's activities without justification; can be accomplished by physical barriers, physical restraints or threats of physical force

Prognosis Inc. owns a brain-computer interface that enables physicians to diagnose and treat some diseases quickly and accurately. Federal copyright protection extends to a. all of the choices. b. the command structure of the app. c. the general appearance of the app. d. the parts of the app that can be read by computers.

the parts of the app that can be read by computers.

Predictive Data LLC makes and sells software that enables a business to target its advertising precisely. The company could successfully bring an action for copyright infringement against a competitor who copies a. the screen displays of the software. b. the menus of the software. c. the parts of the software that can be read by humans. d. any of the choices

the parts of the software that can be read by humans.

Business Torts

wrongful interference with another's business rights and relationships

Other Applications of Strict Liability

•Wild animals •Dangerous domestic animals •Product liability for harmful or defective products

Causation in Fact

An act or omission without which an event would not have occurred; if an injury would have occurred without the defendant's act; "but for" test

License

An agreement by the owner of intellectual property to permit another to use a trademark, copyright, patent, or trade secret for certain limited purposes. In the context of real property, a revocable right or privilege to enter onto another's person's land

Disparagement of Property

An economically injurious falsehood about another's product or property; slander of quality; slander of title

Fraudulent Misrepresentation

Any misrepresentation, either by misstatement or by omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment; intentional deceit

"Fair use" cannot be asserted as a defense to a charge of copyright infringement in a dispute concerning digital sampling. a. True b. False

False

A business cannot use puffery without liability for fraudulent misrepresentation. a. True b. False

False

A color scheme can never qualify for trademark protection. a. True b. False

False

A license that limits the uses of a patent by the licensee is unlawful. a. True b. False

False

A social media post cannot be used to invalidate a settlement agreement. a. True b. False

False

An attorney's conduct is judged by the reasonable person standard. a. True b. False

False

An unauthorized reproduction must be exactly the same as the original, and reproduce the original in its entirety, for infringement of copyright to occur. a. True b. False

False

Because federal wiretapping law was enacted before social media networks existed, it does not apply to communications through social media. a. True b. False

False

Certain business processes are copyrightable. a. True b. False

False

Cybersquatting is illegal only if a domain name is identical to the trademark of another, not if the name is merely confusingly similar. a. True b. False

False

Federal law permits the sending of unsolicited commercial e-mail to randomly generated e-mail addresses. a. True b. False

False

Hilo tells the Internal Revenue Service that Jon "cheated on his taxes." This can lead to Hilo's liability for defamation if the statement is a. true. b. an opinion. c. false. d. contemptuous.

False

If a creative work is not copyrightable, other intellectual property law will not protect it. a. True b. False

False

In a successful tort suit, an individual is awarded compensatory damages to put him or her in a better position than the party who committed the tort. a. True b. False

False

Information that cannot be patented, copyrighted, or trademarked cannot be protected as a trade secret. a. True b. False

False

Infringement of a trademark requires intent to infringe as well as federal registration. a. True b. False

False

Internet service providers are generally treated the same as print publishers and other media regarding liability for defamation. a. True b. False

False

Invasion of privacy cases can be brought only against private individuals, not organizations. a. True b. False

False

It is legal to make counterfeit (fake) labels and ship them overseas, because those labels are not affixed to goods. a. True b. False

False

It is the motive behind the intent—not the intent—that is important in tort law. a. True b. False

False

No court has held that it is legally acceptable for law enforcement to set up a phony social media account to catch a suspect. a. True b. False

False

Online conduct gives rise to only a narrow variety of legal actions. a. True b. False

False

Only the federal government provides for the registration of trademarks. a. True b. False

False

Posting negative comments about other individuals on your social media is always protected speech. a. True b. False

False

Pricing information is not a trade secret. a. True b. False

False

Service marks are not protected in the same way as trademarks. a. True b. False

False

Strict liability is imposed only for an act that departs from a reasonable standard of care to cause an injury. a. True b. False

False

Tapping into a competitor's computer to obtain confidential business data is not a theft of trade secrets. a. True b. False

False

The reasonable person standard concerns itself with how a particular person would act and not with how an ordinarily prudent person should act. a. True b. False

False

To maintain a claim of trademark dilution, the products involved must be similar. a. True b. False

False

To succeed in a suit for trademark infringement, the owner must show that the infringer acted intentionally. a. True b. False

False

Under the First Amendment, every U.S. citizen has a right to be forgotten with respect to outdated personal information otherwise searchable online. a. True b. False

False

Under the doctrine of strict liability the plaintiff has the burden of proof to show the defendant should be held liable. a. True b. False

False

You accidentally bump into someone on the sidewalk and that person falls but is unharmed. Nonetheless, that person usually can successfully sue you for damages. a. True b. False

False

A defective product is an unreasonably dangerous product when it is dangerous beyond the expectation of the ordinary consumer. a. True b. False

True

A descriptive term is protected under trademark law if it acquires a secondary meaning. a. True b. False

True

A landlord is expected to use reasonable care to ensure that his or her tenants are not harmed in common areas. a. True b. False

True

A license may limit the use of a software application to a specific device. a. True b. False

True

A patent applicant must demonstrate that an invention is useful to receive a patent. a. True b. False

True

A person will not be liable for wrongful interference if the interference results from legitimate competitive behavior. a. True b. False

True

A trade name is used to indicate all or part of a business's name. a. True b. False

True

A trade name may be protected under trademark law and may be registered with the federal government so long as it is also used as a trademark or service mark. a. True b. False

True

A trademark is a distinctive mark or motto that a manufacturer stamps, prints, or otherwise affixes to its own goods. a. True b. False

True

A wrongful action that interferes with a person's legal right to personal property can support a tort action in trespass. a. True b. False

True

An Internet service provider that terminates subscribers who infringe copyrights can qualify for a "safe harbor" under the Digital Millennium Copyright Act. a. True b. False

True

An intervening event that acts as a superseding (overriding) cause may relieve the defendant of liability for injuries caused by the intervening event. a. True b. False

True

Attributing to a person an act of misconduct not actually perpetrated by that person can be the basis of liability in an action for invasion of privacy. a. True b. False

True

Certain business processes are patentable. a. True b. False

True

Federal guidelines allow a company to disclose material information about itself through social media as long as investors are notified in advance. a. True b. False

True

For the purpose of tort liability, intent can be transferred when an individual intends to harm one individual but unintentionally harms another. a. True b. False

True

Foreseeability is the test for proximate cause. a. True b. False

True

In deciding whether conduct is sufficiently outrageous to support an action for infringement of emotional distress, a court looks at the pattern of the conduct. a. True b. False

True

Intellectual property is property resulting from intellectual, creative processes. a. True b. False

True

Liability for injuries based on proportionate negligence is allowed by most states. a. True b. False

True

Many states require the sender of an e-mail ad to tell recipients how to opt out of receiving future e-mail ads from the sender. a. True b. False

True

Online defamation occurs when an individual communicates a false statement about a person through the internet. a. True b. False

True

State law may protect individuals from having to disclose their social media passwords to potential employers. a. True b. False

True

Subsequent to the America Invents Act of 2011, the first person to file a patent application receives patent protection. a. True b. False

True

T/F Statements of opinion are protected under the First Amendment

True

T/F: An administrative law judge can base their decision on the content of a social media post

True

T/F: An evil or harmful motive is not required under intentional tort

True

T/F: Businesspersons may face suits for false imprisonment after they have attempted to confine a suspected shoplifter for questioning

True

T/F: Employees who use social media in a way that violates their employer's stated policies may be disciplined or fired from their jobs. Courts and administrative agencies usually uphold an employer's right to terminate a person based on their violation of the social media policy

True

T/F: Generally, whenever a party downloads software, movies or music into a computer's random accessory memory, or RAM, without authorization, a copyright is infringed

True

T/F: In tort law, intent means only that the person intended the consequences of their actions or knew with substantiated clarity that certain consequences would result from the act

True

T/F: Many state laws that regulate spam require the senders of e-mail ads to instruct the recipients of how they can "opt-out" of further e-mail ads from the same sources

True

T/F: Only those trademarks that are deemed sufficiently distinctive from all competing trademarks will be protected

True

T/F: People clearly have a reasonable expectation of privacy when they enter their personal banking or CC information online. Also have a reasonable expectation that online companies will follow their own privacy policies.

True

T/F: Social media posts have been used to invalidate settlement agreements that contained confidentiality clauses

True

T/F: Technology has vastly increased the potential for copyright infringement. Even using a small portion of another's copyrighted sound recordings (digital sampling) can constitute copyright infringement,

True

T/F: The first person to file an application for a patent will receive protection, not the first person to invent

True

T/F: Trademark dilution laws protect "distinctive" or "famous" trademarks (Rolls-Royce, McDonalds) from certain unauthorized uses

True

T/F: When outrageous conduct consists of speech about a public figure, the First Amendment's guarantee of freedom of speech limits emotional distress claims.

True

T/F: both questions concerning causation must be answered in the affirmative for tort liability to arise

True

T/F: if no harm or injury results from a given negligent action, there is nothing to compensate - no tort exists

True

The elements of an action in strict product liability include that a plaintiff must incur harm by the use or consumption of a product. a. True b. False

True

To protect a trademark against typosquatting, a company should attempt to register potential misspellings of the mark. a. True b. False

True

Under the Proposed Consumer Privacy Bill of Rights, consumers have a right to reasonable limits on the personal data that companies collect and retain. a. True b. False

True

Under the doctrine of strict liability, liability for injuries is imposed for reasons other than fault. a. True b. False

True

When an award of punitive damages is grossly excessive, it furthers no legitimate purpose and violates due process requirements. a. True b. False

True

Trademark Infringement

Unauthorized use of another's mark. The holder may recover damages and other remedies from the infringer; defendant must show use of the mark created a likelihood of confusion about the origin of the defendant's goods or services

wrongful interference with a business relationship

When a person uses predatory tactics to take another business's customer

Protected Expression

Work must be "fixed in a durable medium." Protection is automatic, registration is not required; literary, musical; dramatic; pantomimes and choreographic; pictorial, graphic and sculptural; motion pictures and other audiovisual; sound recordings; architectural works

Trespass to personal property

Wrongfully taking or harming the personal property of another or otherwise interfering with the lawful owner's possession of personal property; intentional medaling with possessory interest

Conversion

Wrongfully taking or retaining possession of an individual's personal property and placing it in the service of another; civil side of crimes related to theft; may mistakenly believe they are entitled to the goods

Greg is marketing manager for Home Stuff LLC. Greg is responsible for branding the company's products. Aspects of branding that can be trademarked include a. none of the choices. b. a catchy phrase, such as "Stuff your home with Home Stuff!" c. the shape of a container, even if it does not aid in product identification. d. use of another party's established trademark, with or without permission.

a catchy phrase, such as "Stuff your home with Home Stuff!"

Trademarks

a distinctive word, symbol, sound, or design that identifies the manufacturer as the source of particular goods and distinguishes its products from those made or sold by others

Absolute privilege

(1) remarks made during judicial proceedings, (2) by legislators during proceedings, (3) by federal executive officials, (4) in "compelled" broadcasts, (5) between spouses

2 notions that serve as the basis of all torts

(1) wrongs and (2) compensation

Trademark Dilution Online

- occurs when trademark is used, without authorization, in a way that diminishes the distinctive quality of the mark - does not require proof that consumers are likely to be confused by a connection between the unauthorized use and the mark - products involved need not be similar

Torts

-A wrongful act (other than a breach of contract) that results in harm or injury to another and leads to civil liability. -Designed to compensate those who have suffered a loss or injury due to another person's wrongful act -One person/group brings a personal suit against another person/group to obtain compensation or other relief for the harm suffered -Not criminal actions; handled by civil courts

Remedies for copyright infringement

-Injunction -Attorney's fees -Statutory Damages: sum a court may award when actual damages are either hard to prove or very nominal -Actual damages: actual loss -Note: if your copyright is unregistered when an infringement occurs, you lose the right to sue for your attorney's fees and statutory damages

Patent Infringement Remedies

-monetary damages for lost royalties -equitable damages: injunctions, court order to destroy infringing articles

Establish trespass

-posted signs -an person who enters a property to commit a legal act

Injury Requirement and Damages

-to recover, plaintiff must show legally recognizable injury -compensatory damages are designed to reimburse plaintiff for actual losses -punitive damages are designed to punish the tortfeasor and deter others from wrongdoing

2 categories of business torts

1 - wrongful interference with a CONTRACTUAL relationship 2 - wrongful interference with a BUSINESS relationship

Defenses to Product Liability

1. Assumption of the risk - knew & voluntarily assumed risk 2. Product misuse 3. Comparative negligence (fault) 4. Commonly known dangers 5. Preemption - government regulations preempt claims for product liability

To succeed in a negligence action, the plaintiff must prove each of the following:

1. Duty: the defendant owed a duty of care to the plaintiff 2. Breach: the defendant breached that duty 3. Causation: the defendant's breach caused the plaintiff's injury 4. Damages: the plaintiff suffered a legally recognizable injury

Trespass to land

1. Enters onto, above, or below the surface of land that is owned by another 2. Causes anything to enter onto land owned by another 3. Remains on land owned by another or permits anything to remain on it actual harm to land is not an essential element; protecting right of owner's possession

Two types of compensatory damages

1. Special Damages 2. General Damages

To establish defamation, the plaintiff must prove:

1. The defendant made a false statement of fact 2. The statement was understood as being about the plaintiff and tended to harm the plaintiff's reputation 3. The statement was published to at least one person other than the plaintiff 4. In addition, if the plaintiff is a public figure, they must prove actual malice

Slander Per Se

1. a statement that another has a loathsome disease (such as an STD) or serious mental defect 2. a statement that another has committed improprieties while engaging in a profession or trade 3. a statement that another has committed or has been imprisoned for a serious crime 4. a statement that a person is unchaste or has engaged in serious sexual misconduct (applies only to an unmarried persons and sometimes only to women)

wrongful interference with a contractual relationship - 3 elements

1. a valid, enforceable contract must exist between 2 parties 2. a third party must know that this contract exists 3. the third party must intentionally induce a party to breach the contract

The law imposes strict product liability as a matter of public policy. The policy, which may be expressed in statute or in the common law, rests on a threefold assumption:

1. consumers should be protected against unsafe products 2. manufacturers and distributors should not escape liability for faulty products simply because they are not in privity of contract with the ultimate user of thoseproducts 3. manufacturers, sellers and lessors of products are generally in a better position than consumers to bear the costs associated with injuries caused by their products. They can ultimately pass on these costs to all consumers in the form of higher prices

a manufacturer must exercise due care in all of the following areas:

1. designing the product 2. selecting materials 3. using the appropriate production process 4. assembling and testing the product 5. placing adequate warnings on the label to inform the user of dangers of which an ordinary person might not be aware 6. inspecting and testing any purchased components used in the final product

A mark can be registered as:

1. if it is currently in commerce or 2. if the applicant intends to put it into commerce within 6 months (for special circumstances, may be extended to 30 m)

4 acts qualify as an invasion of privacy

1. intrusion 2. false light - publication of information that places a person in a false light 3. public disclosure of private facts 4. appropriation of identity

2 questions courts ask when determining causation

1. is there causation in fact? 2. was the act he proximate cause of the inquiry?

Copyright owners are protected from:

1. reproduction of work 2. development of derivative works 3. distribution of the work 4. public display of the work

Several elements for Fraud Tort

1. the misrepresentation of facts or conditions with knowledge of that they are false or with reckless disregard for the truth 2. an intent to induce another to rely on the misrepresentation 3. justifiable reliance by the deceived party 4. damage suffered as a result of reliance 5. a casual connection between the misrepresentation and the inquiry suffered

6 requirements of 402A - how doctrine of strict liability should be applied to the seller of goods

1. the product must have been in a defective condition when the defendant sold it 2. the defendant must normally be engaged in the business of selling/distributing that product 3. the product must be unreasonably dangerous to the user or consumer because of its defective condition 4. the plaintiff must incur physical harm to self or property by use or consumption of the product 5. the defective condition must be the proximate cause of the injury or damage 6. the goods must not have been substantially changed from the time the product was sold to the time the injury was sustained

Under Section 757 of the Restatement of Torts, those who disclose or use another's trade secret, without authorization, are liable to that other party if either of the following is true:

1. they discovered the secret by improper means 2. their disclosure or use constitutes a breach of a duty owed to the other party

5 categories to determine mark's strength

1/2. Fanciful and arbitrary marks - employ words and phrases with no commonly understood connection to the product; receive automati protection(Strongest categories/highest degree of protection) 3. Suggestive marks - suggest a product's features and require consumers to use some imagination to associate the suggestive mark with the product, are in the middle of the spectrum 4. Descriptive marks - define a particular characteristic of the product in a way that does not require any imagination 5. Generic marks - describe the product in its entirety and are not entitled to trademark protection ("computer" "bicycle")

A patent invention lasts for ____

20 years

First Sale Doctrine

A US Supreme Court ruling stating that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the interests of the copyright owner.

Internet Service Provider (ISP)

A business or organization that offers users access to the Internet and related services. - immune from liability for supplying information to the FTC concerning possible unfair or deceptive conduct in foreign jurisdictions

Assumption of Risk

A defense to negligence that bars a plaintiff from recovering for injuries or damage suffered as a result of risks he or she knew of and voluntarily assumed; requires: 1. knowledge of the risk 2. voluntary assumption of the risk

Economic Espionage Act

A federal law that creates criminal liability for trade secret misappropriation. Penalties are enhanced for misappropriation intended to benefit a foreign government.

Anticybersquatting Consumer Protection Act (ACPA)

A federal statute that permits trademark owners and famous persons to recover domain names that use their names where the domain name has been registered by another person or business in bad faith. - amended the Lanham Act - ACPA makes cybersquatting illegal when both are true: 1. the domain name is identical or confusingly similar to the trademark of another 2. the one registering, trafficking in, or using the domain name has a "bad faith intent" to profit from the trademark

Typosquatting

A form of cybersquatting that relies on mistakes, such as typographical errors, made by Internet users when inputting information into a Web browser.

trade secret

A formula, device, idea, process, or other information used in a business that gives the owner a competitive advantage in the marketplace; customer lists, plans, R&D

Transferred Intent

A legal principle under which a person who intends to harm one individual, but unintentionally harms a second person, can be liable to the second victim for an intentional tort.

Collective Mark

A mark used by members of a cooperative, association, union, or other organization to certify the region, materials, mode of manufacture, quality, or other characteristic of specific goods or services (end of movie credits to indicate various associations and organizations that participated in making the movie)

Certification Mark

A mark used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, quality, or other characteristic of specific goods or services.

Compensatory Damages

A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party. Goal: make plaintiff whole and put them in same position they would have been in had the tort not occurred

Damages

A monetary award sought as a remedy for a breach of contract or a tortious action.

business invitees

A person, such as a customer or a client, who is invited onto business premises by the owner of those premises for business purposes; storeowners to warn business invitees of foreseeable risks, such as construction zones and we floors; responsibility to discover and remove any hidden dangers; some risks are obvious and the owner is not responsible to warn

unreasonably dangerous product

A product that is so defective that it is dangerous beyond the expectation of an ordinary consumer or a product for which a less dangerous alternative was feasible but the manufacturer failed to produce it. 1. the product is dangerous beyond the expectation of the ordinary consumer 2. a less dangerous alternative was economically feasible for the manufacturer, but the manufacturer failed to produce it

Patent

A property right granted by the federal government that gives an inventor an exclusive right to make, use, sell, or offer to sell an invention in the United States for a limited period of 20 years; patent for design is 14 years; date begins the day patent is filed

Forseeability

A reasonable expectation that certain events will cause specific results.

Contributory Negligence

A rule in tort law, used in only a few states, that completely bars the plaintiff from recovering any damages if the damage suffered is partly the plaintiff's own fault.

Comparative Negligence

A rule in tort law, used in the majority of states, that reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault, rather than barring recovery completely.

Puffery

A salesperson's exaggerated claims concerning the quality of goods offered for sale. Such claims involve opinions rather than facts and are not considered to be legally binding promises or warranties; seller's talk

Good Samaritan Statute

A state statute stipulating that persons who provide emergency services to, or rescue, someone in peril cannot be sued for negligence, unless they act recklessly, thereby causing further harm.

Dram Shop Acts

A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication.

Service Mark

A trademark that is used to distinguish the services (rather than the products) of one person or company from those of another.

Liability for Harm

A trespasser is generally liable for damage caused to the property and generally cannot hold the owner liable for injuries sustained on the premises; being abandoned - need to disclose dogs, if there is a pool must secure from children

Copyright Infringement

A violation of the exclusive rights of a copyright holder, such as copying, distributing, or performing the copyright owner's work without permission unless the use is otherwise authorized by law.

Intentional Tort

A wrongful act knowingly committed; an intentional violation of a person or property (fault with intent)

Fraudulent Misrepresentation

Any misrepresentation, either by misstatement or by omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment; must be made knowingly or with reckless disregard for the facts (intentional mislabel)

Assault

Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat.

Defamation

Anything published or publicly spoken that causes injury to another's good name, reputation, or character.

Apex Electrical Inc. agrees to allow Apex Foundations LLC to use the owner's trademark "Apex" as part of its company name but not otherwise. The domain name apex.com can be used online by a. Apex Electrical only. b. neither business. c. both businesses and any others that own the mark. d. both businesses but no others.

Apex Electrical only.

Intentional Torts against Persons

Assault and Battery False Imprisonment Infliction of Emotional Distress Defamation Invasion of Privacy Fraudulent Misrepresentation Wrongful Interference

Stig creates unique graphic works that feature characters of his own - , imagination. Copyright protection for Stig's work is a. enforceable only if Stig places a circled "c" on the work. b. not possible. c. automatic. d. available only on registration with the U.S. Copyright Office.

Automatic

Actionable

Capable of serving as the basis of a lawsuit. An actionable claim can be pursued in a lawsuit or other court action.

Retailers collect information about consumers using

Cookies

Cyberstalking

The use of the Internet, e-mail, and other electronic communication technologies to stalk another person.

Libel

Defamation in writing or another permanent form (such as in a digital recording)

Qualified privilege

Employer's statement made as a character reference for a current or former employee; statements made in good faith and the publication is limited to those who have legitimate interest in the communication

Social Media

Forms of communication through which users create and share information, ideas, messages, and other content via the Internet.

Damages for Libel

General Damages are presumed; Plaintiff does not have to show actual injury. General damages include compensation for disgrace, dishonor, humiliation, injury to reputation and emotional distress.

General Damages

In a tort case, an amount awarded to compensate individuals for the nonmonetary aspects of the harm suffered, such as pain and suffering; not available to companies. ex) pain & suffering, loss of reputation, loss of consortium (emotion and physical benefits of spousal relationship) States can put caps on amounts; range from $250k - $750k; some have outright bans

Special Damages

In a tort case, an amount awarded to compensate the plaintiff for quantifiable monetary losses, such as medical expenses, property damage, and lost wages and benefits (now and in the future)

Appropriation

In tort law, the use by one person of another person's name, likeness, or other identifying characteristic without permission and for the benefit of the user; State law

priveleged communication

Information held private within a protected relationship, such as that of a physician and client

Which of the following is NOT an element of negligence? a. Causation b. Intent c. Duty d. Breach e. Damages

Intent

Real Property

Land and everything permanently attached to it

The most important statutory protection for trademarks is the: a. Larman Copyright Act b. Leghy Act c. Lanham Act d. Patent, Trademark, and Copyright Act

Lanham Act

Proximate Cause

Legal cause. It exists when the connection between an act and an injury is strong enough to justify imposing liability.

Strict Liability

Liability regardless of fault, which is imposed on those engaged in abnormally dangerous activities, on persons who keep dangerous animals, and on manufacturers or sellers that introduce into commerce defective and unreasonably dangerous goods.

Patent infringement

Making, using, or selling another person's patented product, process, or design without permission; may be infringed as part or whole of patented item

Anti-Counterfeiting Trade Agreement

Member nations are required to have border measures to prevent the import and export of counterfeit goods.

Punitive Damages

Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future; appropriate only when the defendant's conduct was particularly egregious or reprehensible (Blameworthy); mainly in intentional tort actions

"Fair Use" Doctrine

Part of copyright law that provides for the limited use of copyrighted work without permission. Allows a user to make a copy of all or part of a work within specific parameters of usage, even if permission has not been granted.

Battery

Physical contact with another that is unexcused, harmful or offensive, and intentionally performed. Does not need to do physical harm, can even be an unwelcomed kiss

Intellectual Property

Property resulting from intellectual, creative processes.

Trademark Registration

Registered with the government (state or fed) Can be registered if currently in commerce or will be within 6 months (extendable to 30 months) The registrant is also allowed to use the symbol ® to indicate that the mark has been registered.

Abnormally Dangerous Activities

Strict liability is imposed for abnormally dangerous activities that cause injury or death. ex) blasting with dynamite with reasonable care may still cause injury; because of the potential harm, the person who is engaged in an abnormally dangerous activity, and benefits from it, is responsible for paying for any injuries caused by the activity

Trade secrets in cyberspace

Technology undermines many firms' ability to protect their confidential information. Dishonest employees can easily appropriate trade secrets via computer hardware, software, and social media.

Cybersquatting

The act of registering a domain name that is the same as, or confusingly similar to, the trademark of another and then offering to sell that domain name back to the trademark owner.

Duty of Care

The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence. people in society are free to act as they please so long as their actions do not infringe on the interests of others

Negligence

The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances; tortfeasor neither wishes to bring the consequences of the act nor believes that they will occur; if no risk created, no negligence

Trade Dress

The image and overall appearance ("look and feel") of a product that is protected by trademark law.

Statutes of Limitations

The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.

Product Liability

The legal liability of manufacturers, sellers, and lessors of goods for injuries or damage caused by the goods to consumers, users or bystanders; common lawsuits for large corporations

Damages for Slander

The plaintiff must prove special damages (actual economic loss); must show the statement caused the plaintiff to suffer actual economic loss

Slander of Title

The publication of a statement that denies or casts doubt on another's legal ownership of any property, causing financial loss to that property's owner; someone knowingly publishes an untrue statement about property with the intent of discouraging a third party from dealing with the property's owner

Slander of Quality (Trade Libel)

The publication of false information about another's product, alleging that it is not what its seller claims.

privity of contract

The relationship that exists between the promisor and the promisee of a contract.; reason only parties to a contract can enforce it

Reasonable person standard

The standard of behavior expected of a hypothetical "reasonable person." The standard against which negligence is measured and that must be observed to avoid liability for negligence; not how a person would act but how society thinks they should act

Trademark Dilution

The unauthorized use of a distinctive and famous mark in a way that impairs the mark's distinctiveness or harms its reputation.

Privilege to detain

a merchant can use reasonable force to detain or delay persons suspected of shoplifting and hold them for the police; varies state to state; reasonable manner and reasonable span of time

The Berne Convention

a multilateral agreement offering protection of literary and artistic works among member countries; coprights

Trade Names

a name that a business uses to identify itself and its brand. Directly related to a business's reputation and goodwill, and is protected under trademark law

Defenses

a reason offered by a defendant in an action or lawsuit as to why the plaintiff should not recover or establish what she or he seeks; reasons why plaintiff should not obtain damages

Wendy works as a weather announcer for a TV station under the character name Weather Wendy. Wendy can register her name as a. a trade name. b. none of the choices. c. a service mark. d. a trade secret.

a service mark

privelege

a special right, advantage, or immunity granted or available only to a particular person or group of people.

A mark may be registered as a trademark with the federal government if it meets one of two criteria. Select the two correct criteria. a. If it is intended to be in use in commerce within six months. b. If it currently has been documented. c. If it currently is being used in commerce. d. If it is intended to be in use in commerce within two years.

a. If it is intended to be in use in commerce within six months. c. If it currently is being used in commerce.

Cooktop, Inc., manufactures cooktops on which Juarez burns his fingers. Has Cooktop, Inc., unreasonably violated its standard duty of care? a. No, because stoves get hot and some people get burned when they are careless. b. Yes, if Cooktop placed no warnings about the possibility of being burned. c. No, if Cooktop disclaimed all liability for accidents.

a. No, because stoves get hot and some people get burned when they are careless.

Which of the following questions does a court NOT ask to determine whether the requirement of causation is met? a. Was there intent to cause? b. Was there causation in fact? c. Was there proximate cause?

a. Was there intent to cause?

Recharge Corporation makes batteries. Sol is injured when the Recharge battery in his phone bursts into flame. In Sol's product liability suit against the maker, alleging a design defect, the court may consider a. an available alternative design. b. Recharge's share of its market. c. Recharge's knowledge of the uses of its battery. d. Recharge's advertising.

a. an available alternative design.

Outlet Sales Store unknowingly buys goods that were stolen from Quality Products Inc. Most likely, Outlet Sales can be ordered to return the goods or pay their true owner for their value in a suit for a. conversion. b. wrongful interference with a business relationship. c. none of the choices. d. appropriation.

a. conversion.

Jase transfers selected musical recordings, without the copyright owners' authorization, through his phone to his friends. Jase does not charge his friends for his "service." This is a. copyright infringement. b. goodwill. c. "fair use." d. a license.

a. copyright infringement.

Skye posts excerpts from comics and graphic novels on social networking sites without the permission of the owners of the copyrights to the illustrations and stories. This is a. copyright infringement. b. "fair use." c. a license. d. goodwill.

a. copyright infringement.

Ichiro is injured in a two-car accident and sues Heather, the driver of the other vehicle, alleging negligence. Heather claims that Ichiro was driving more carelessly than she was. Comparative negligence may reduce Ichiro's recovery a. even if Ichiro was only slightly at fault. b. only if Ichiro was more at fault than Heather. c. only if Ichiro and Heather were equally at fault. d. only if Ichiro was less at fault than Heather.

a. even if Ichiro was only slightly at fault.

In an online blog, Oren states that Publicity Corporation invaded the privacy of individuals to collect marketing data for its clients. If the firm can prove all of the elements of defamation and Oren cannot assert a sufficient defense, Oren is most likely liable for a. libel. b. malice. c. contempt. d. slander.

a. libel.

Ricard, an engineer, supervises the construction of a new mountainside roadway. The road collapses in a landslide due to faulty grading. Motorists injured in the collapse sue Ricard in a tort action for negligence. Under that theory, as a professional, Ricard is held to the same standard of care as a. other engineers. b. other professionals, including doctors, dentists, and lawyers. c. those injured in the collapse of the bridge. d. ordinary persons

a. other engineers.

Errol works for Food Packing Company. Errol's supervisor Gwen writes a negative review of Errol's performance. Gwen believes the statements are true, and limits their communication to the firm's management. In a tort action for defamation, Gwen can most likely assert as a successful defense a. privilege. b. none of the choices. c. malice. d. contempt.

a. privilege

Opal is injured and her property is damaged when a truck with defective brakes careens off an adjacent highway and crashes into her home. If Opal brings a successful tort action against the truck's owner for gross negligence, she may be awarded punitive damages to a. punish the defendant and deter others from similar wrongdoing. b. all of the choices. c. put her into the same position she would have been in if the tort had not occurred. d. compensate for her total losses.

a. punish the defendant and deter others from similar wrongdoing.

Prodigious Profit, LLC, and other companies operate social media Web sites, issue apps for mobile devices, obtain ad revenue from search engines, and sell directly to consumers from other sites. The privacy rights of the users of these products are frequently defined, not by the courts or legislatures, but by a. the companies that own the sites and the apps. b. Internet service providers. c. spammers, cybersquatters, and typosquatters. d. retailers who have had to change their procedures to compete.

a. the companies that own the sites and the apps.

BKS, Incorporated has a research and development (R&D) facility in the desert of Arizona. Only authorized persons are allowed in the facility and all employees and guests must sign a non-disclosure agreement. BKS likely considers the ideas of the people in their R&D division to be a. trade secrets. b. copyrighted. c. patented. d. trademarked.

a. trade secrets.

Michael, a teacher, posts derogatory comments about his fellow teachers and students on his Facebook page and is subsequently terminated. His posts likely: a. violated school policy, and his termination will be upheld. b. are protected by the First Amendment, and his termination will be overturned. c. are a violation of the social media labor laws, and his termination will be upheld. d. will be construed as harmless fun, and his termination will be overturned.

a. violated school policy, and his termination will be upheld.

2 types of privileged communications

absolute and qualified

Failure to live up to a standard of care maybe a(n) ___ or a(n)___

act, omission

Works that are copyrightable include a. music videos. b. all of the choices. c. product packaging. d. books.

all of the above

Intentional Infliction of Emotional Distress

an intentional tort in which the harm results from extreme and outrageous conduct that causes serious emotional harm

Section 102 Exclusions (Copyrights)

anything that is not an original expression will not qualify; facts widely known will not qualify; page numbers are not copyrightable; mathematical calculations are not mathematical

Defenses to Negligence

assumption of risk superseding intervening cause contributory or comparative negligence

Jennifer has filed a privacy complaint against Google. The federal agency to conduct an investigation of consumer complaints is the: a. SEC. b. FTC. c. FCC. d. FAA.

b. FTC.

MediaContact, Inc., specializes in sending unsolicited commercial emails on behalf of its clients. MediaContact may be required to do the following to comply with state laws. Choose two. a. Include the name and location of their corporate address in all email transmissions b. Include a toll-free phone number or return email address that the recipient can use to ask the sender not to send unsolicited emails c. Instruct spam recipients on how to "opt out" of their emails d. Solicit permission from all users to which it wishes to send commercial e-mail

b. Include a toll-free phone number or return email address that the recipient can use to ask the sender not to send unsolicited emails c. Instruct spam recipients on how to "opt out" of their emails

Comcast, an Internet service provider, provides Internet service to Louis, who posts false and harmful statements about Madeline. Madeline will be able to sue: a. both Louis and Comcast for defamation. b. Louis, but not Comcast, for defamation. c. Comcast, but not Louis, for defamation. d. neither Louis nor Comcast for defamation.

b. Louis, but not Comcast, for defamation.

Hobbs owns a small internet service provider. He is sued by Allison because someone who pays Hobbs a monthly fee posted a defamatory statement about Allison. Will Allison prevail in court? a. No, because Allison lives in a different state. b. No, because the Communications Decency Act treats Internet service providers differently from print publishers. c. Yes, because it doesn't matter where the defamatory statement was published.

b. No, because the Communications Decency Act treats Internet service providers differently from print publishers.

Rachel has just finished the business plan for a franchise that she expects to have international appeal. She is concerned about protecting the content of the business plan. Which of the listed answers provides her an avenue for protecting her copyrighted material internationally? a. The Anti-Counterfeiting Trade Agreement. b. The Berne Convention. c. The TRIPS Agreement. d. The Madrid Protocol.

b. The Berne Convention.

Hot Products owns a patent for a fan motor that it uses in ceiling fans. Allied Electric uses a fan motor that is identical to Hot's in the air conditioners it manufactures. Allied does not have Hot's permission to use the motor. Can Hot win a patent infringement case against Allied? a. No, unless consumers are confused. b. Yes, because Allied infringed on Hot's patent. c. No, unless Hot has sold the motor in the marketplace. d. Yes, if Allied and Hot are competitors.

b. Yes, because Allied infringed on Hot's patent.

Employees, clients, and others with authorization use World Transport Corporation's network around the globe to share computer files. This is a. digital sampling. b. a distributed network. c. an invasion of privacy. d. trademark and copyright infringement.

b. a distributed network.

InfoFree Inc. makes and sells devices and services for the circumvention of encryption software. Under the Digital Millennium Copyright Act, this is a. permitted for reconsideration every three years. b. a violation of copyright law. c. prohibited but not a violation of copyright law. d. a "fair use" exception to the provisions of the act

b. a violation of copyright law.

Basso includes in his song "Chords" a few seconds of Dante's copyrighted sound recording "Etudes" without permission. Some federal courts have found that such digital sampling is a. a "fair use" exception to the provisions of the act. b. all of the choices. c. a violation of copyright law. d. not a "fair use" exception to the provisions of the act

b. all of the choices.

Trespass to land is committed if, without the permission of the property owner, a person a. all of the choices. b. causes water to back up onto the property. c. has a revocable license to come onto the property. d. enters the property to assist someone in danger.

b. causes water to back up onto the property.

Pia registers a domain name—qualitytires.com—that is confusingly similar to the trademark of Quality Tires Inc. Pia has a "bad faith intent" to profit from the mark by selling the name to Quality Tires. This is a. a bid to obtain a license. b. illegal. c. a legitimate business practice. d. trademark dilution.

b. illegal.

Volatile Investments Inc. sends e-mail ads to any e-mail address that the sender can find on the Web or otherwise generate. Under federal law, Volatile's marketing method a. must be reviewed by a federal agency. b. is prohibited. c. is preempted. d. may be permitted.

b. is prohibited.

In 2014, Mugaba wrote her memoirs, My Life in the Congo. Mugaba did not register a copyright. Under federal copyright law, Mugaba's book a. is protected for ten years. b. is protected for her life plus seventy years. c. is protected forever. d. is not protected at all

b. is protected for her life plus seventy years.

Baby Things Inc. makes and sells a crib to Cara. Baby Things fails to exercise "due care" to make the crib safe, and Cara's child Dua is injured as a result. Baby Things is most likely liable for a. strict liability. b. negligence c. fraud. d. misrepresentation.

b. negligence

To be patentable, an invention, discovery, process, or design must be: a. technological, not obvious, and common. b. novel, useful, and not obvious. c. creative, beneficial, and inexpensive. d. creative, useful, and technological.

b. novel, useful, and not obvious.

Amy Mendoza is a local radio personality who goes by the name "Amy in the A.M." on the air. She also uses that label in print ads to help radio listeners distinguish her show from the other morning radio shows in her town. Amy would be most likely to register her name as a a. collective mark. b. service mark. c. certification mark. d. trade name.

b. service mark.

Takota Retail discovers that one of its employees, Barry, has disparaged the company on Facebook about its selling practices. Takota Retail has a policy in place that expects employees to "avoid public comment that adversely effects the company." Takota can: a. terminate Barry if it has provided Barry the opportunity to remove the post and he refused. b. terminate Barry based on his violation of the company's social media policy. c. not terminate Barry because it would violate Barry's First Amendment rights. d. not terminate Barry because it would violate state privacy law.

b. terminate Barry based on his violation of the company's social media policy.

EZ Co-op Inc. sells Fill-Up cattle feed to ranchers. Gina buys and feeds Fill-Up to her herd. The feed is poisoned. Gina sues EZ for product liability based on negligence. To win, Gina must show a. all of the choices. b. that the feed caused her damage. c. how the feed became poisoned. d. why the feed was poisoned

b. that the feed caused her damage.

Steps & Rungs Inc. makes ladders. Ty discovers that his Steps & Rungs ladder is defective and sues the maker for product liability based on strict liability. To win, Ty must show that a. Ty is normally engaged in the business use of ladders. b. the ladder was in a defective condition when Steps & Rungs sold it. c. Ty bought the ladder from Steps & Rungs d. all of the choices.

b. the ladder was in a defective condition when Steps & Rungs sold it.

Buster invents a new camp grill that he names Buster's Burger Blaster. He writes specific instructions about how to use it in a manual that comes with every grill. Buster can obtain a trademark for a. the grill only. b. the name only. c. the manual only. d. the grill, the name, and the manual.

b. the name only.

Without authorization, Ben uses the trademark of Cielo Coffee Company to promote cheap, flavorless candy, which is not similar to Cielo's products but diminishes the quality of the coffee company's mark. This is a. typosquatting. b. trademark dilution. c. trademark infringement. d. cybersquatting.

b. trademark dilution.

Alpha Corp. creates a syrup that is flavored with coffee and chocolate and sells it under the name MochaMerge. Beta Co. begins to sell a similar product under the name MokaMerge. This is most likely a matter of a. patent infringement. b. trademark infringement. c. copyright infringement. d. trade dress infringement.

b. trademark infringement.

Which of the following situations is arguably not an appropriate application of strict liability? a. Storing toxic chemicals b. Blasting with dynamite c. Shipping storage containers d. Keeping wild animals

c. Shipping storage containers

Rachel has just finished the business plan for a franchise that she expects to have international appeal. She is concerned about protecting the trade name of the business. Which of the listed answers provides her an avenue for registering a trade name internationally? a. The Anti-Counterfeiting Trade Agreement. b. The TRIPS Agreement. c. The Madrid Protocol. d. The Berne Convention

c. The Madrid Protocol.

In which situations do people have a reasonable expectation of privacy? Choose two. a. When they tweet about bad customer service at a restaurant b. When they send an email through a work computer c. When they enter their personal banking information with an online mortgage lender d. When they disclose credit information to obtain a loan online

c. When they enter their personal banking information with an online mortgage lender d. When they disclose credit information to obtain a loan online

Employees of Bodega Inc. maintain a password-protected social media page to "vent about work." Bodega learns of the page and intimidates the network that operates it into revealing the password. After reviewing the posts, Bodega fires the participants. Most likely, this is a. a subject for dispute resolution by the network. b. a "business-extension exception" under the Electronic Communications Privacy Act. c. a violation of the Stored Communications Act. d. within the employer's rights.

c. a violation of the Stored Communications Act.

Irene sues Mark for defamation. During the lawsuit, Irene wants to obtain copies of Mark's posts on his social media. Irene will: a. be prevented from obtaining Mark's social media posts because of state privacy law. b. be allowed to obtain Mark's social media posts only through testimony at trial. c. be allowed to obtain Mark's social media posts before the trial begins. d. be prevented from obtaining Mark's social media posts because of federal privacy law.

c. be allowed to obtain Mark's social media posts before the trial begins.

Yakov downloads a movie onto his laptop without permission from the movie provider. Yakov has violated: a. trade distribution law. b. cybersquatting law. c. copyright law. d. trademark law.

c. copyright law.

Russell reserves the domain name "juliaroberts.com" and creates a fan Web site dedicated to Julia Roberts, the actress. Russell eventually sends Ms. Roberts a letter offering to sell her the domain name. Which term defines Russell? a. typosquatter b. cyberstalker c. cybersquatter d. tortfeasor

c. cybersquatter

One of the major problems in pursuing an online defamation claim is that: a. ISPs will generally intervene in the lawsuit to prevent infringement on free speech of the individual who made the post. b. if the person posting the defamatory statements deletes the post, then there is no longer a valid claim. c. discovering and proving the identity of the person who posted the defamation can be difficult.

c. discovering and proving the identity of the person who posted the defamation can be difficult.

The most strongly protected type of mark is labeled as: a. geographic. b. generic. c. fanciful and arbitrary. d. descriptive

c. fanciful and arbitrary.

Carissa writes a novel but does not register a copyright for the novel. Carissa emails a copy of the novel to her friend Kevin. Carissa a. does not have a valid copyright because novels are not copyrightable. b. does not have a valid copyright because she did not register it. c. has a valid copyright on the novel even though she didn't register it. d. has a valid copyright on the novel after Kevin opens the email

c. has a valid copyright on the novel even though she didn't register it.

Marco is harmed when Nell defames him. If Marco brings a successful tort action against Nell, he may be awarded general damages to compensate him for a. all of the choices. b. the defendant's reckless disregard of the effect on the life of another. c. nonmonetary aspects of the harm suffered, such as loss of reputation. d. monetary losses, such as lost wages and benefits

c. nonmonetary aspects of the harm suffered, such as loss of reputation.

A&O is the software designer of the most popular video game in the country. A&O decides to develop the game into a series and have its best designer, Laz, head the team of programmers working on the next game. Laz quits and goes to work for GameWare, taking some files for the new game with him. Under trade secret laws, A&O has protection for a. only the information contained in the files for the new game. b. only Laz's ideas concerning the design of the game. c. the information in the files and Laz's ideas for the game design. d. none of the information in the files

c. the information in the files and Laz's ideas for the game design.

On the Border Mexican restaurants all have the same terracotta and turquoise color scheme, with posters of bullfighters and maps of Mexico on the walls. The restaurants also have identical furniture and menus, the wait staff wear similar types of clothing, and the same music plays in the background. The restaurants have a unique ambience, known in legal terms as their a. trade name. b. trademark. c. trade dress. d. trade secret.

c. trade dress.

Most widely used defense in negligence is:

comparative negligence

A common defense to intentional torts against a person is:

consent

Obtaining a court order to close down the domain name of a website is an effective tool that U.S. officials use to combat online sales of a. counterfeit goods. b. trademarks. c. competing products. d. licenses.

counterfeit goods

Roger McDonald decides to open up series of liquor stores in his home state. He calls his chain McDonald's and uses a large, blue, curvy M as his logo. McDonald's corporation, a famous fast food restaurant, wants him to stop using the curvy M as it resembles McDonald's corporation's famous golden arches. Assuming that the association with a liquor store would likely harm McDonald's corporation's reputation, McDonald's corporation wants to stop Roger from using the blue M. Which is true? a. McDonald's can stop him from using the blue M only if there is a substantial likelihood of confusion by consumers. b. McDonald's cannot stop him from using the blue M because McDonald's cannot trademark an entire letter of the alphabet. c. McDonald's cannot stop him from using the blue M because it is not identical to the golden arches. d. McDonald's can stop him from using the blue M if the similarity between the marks creates an association between them.

d. McDonald's can stop him from using the blue M if the similarity between the marks creates an association between them.

John invents a new type of automobile tracking system on January 1 and files a patent application for it on June 30. On March 10, Susan invents a very similar system and files a patent application on March 15. Under the America Invents Act, who holds the valid patent? a. John, because he was the first to invent the system. b. Susan because she filed a patent application within 10 days of inventing the system. c. John, because the most recent application is the most valid. d. Susan because she filed a patent application first.

d. Susan because she filed a patent application first.

Julian sends false and deceptive e-mails from a computer in France to recipients in the United States. United States government officials can cooperate and share information with foreign governments under the: a. Commercial Email Distribution Protection Act. b. CAN-SPAM Act. c. Stored Communications Act. d. U.S. Safe Web Act.

d. U.S. Safe Web Act.

Burger Corporation allows its trademark to be used as part of a domain name for Burger NY Inc., an unaffiliated company. Burger NY does not obtain ownership rights in the mark. This is a. fair use. b. trademark dilution. c. trademark infringement. d. a license

d. a license

Without permission, Sally copies photographs from Isaiah's book Mount Everest: Top of the World and uses them in a new book. Sally's book is about photography, not mountains. Sally's use of the photos is a. protected if Sally and Isaiah are competitors. b. an infringement of Isaiah's copyright only if consumers are confused. c. protected under the fair use doctrine. d. an infringement of Isaiah's copyright

d. an infringement of Isaiah's copyright

Dana downloads music into her computer's random access memory, or RAM, without authorization. This is a. a basis of liability for the computer maker if it does not act against Dana. b. within Dana's rights as a computer user. c. none of the choices. d. copyright infringement.

d. copyright infringement.

Lyn is injured when a part of a building ledge breaks free and strikes her. If Lyn brings a successful tort action against the building's owner, she may be awarded special damages to compensate her for a. nonmonetary aspects of the harm suffered, such as pain and suffering. b. all of the choices. c. egregious or reprehensible conduct by the defendant. d. monetary losses, such as medical expenses

d. monetary losses, such as medical expenses

Cason thinks of a new concept for a palm-sized computer notebook. He also thinks of a new, faster process for producing the notebooks. Federal copyright law protects a. Cason's concept. b. Cason's process. c. Cason's concept and process. d. neither Cason's concept nor his process

d. neither Cason's concept nor his process

Buddy's Burgers advertises so effectively that the regular customers of its competitor Slimy's Sliders patronize Buddy's instead of Slimy's. This is a. wrongful interference with a contractual relationship. b. conversion. c. wrongful interference with a business relationship. d. none of the choices

d. none of the choices

The employees of Eco Engineering Inc. share company-related resources among multiple computers without requiring a central network server. This is a. cloud computing. b. cybersquatting. c. digital sampling. d. peer-to-peer (P2P) networking

d. peer-to-peer (P2P) networking

GoInternet, Inc., is an Internet-access service provider that is being forced to manage numerous unwanted emails from a sender of email advertisements. GoInternet can sue the company that is e-mailing spam under the CAN-SPAM Act if the sender does any of the following except: a. conveys misleading or deceptive information when sending e-mail b. uses a false return e-mail address c. engages in "dictionary attacks" d. sends messages involving products of companies previously sued under the CAN-SPAM Act

d. sends messages involving products of companies previously sued under the CAN-SPAM Act

TRIPS Agreement

established standards for the international protection of intellectual property rights; prohibits discrimination against foreign owners

Sound Financials Corporation sends daily e-mail ads to its previous customers and those who have opted to receive the notices. The state in which the company is physically located has enacted an antispam law. Under federal law a. Sound's ads are required to be reviewed by a federal agency. b. the application of federal law to Sound's ads is preempted. c. Sound's ads are prohibited. d. the application of the state's law to Sound's ads is preempted

d. the application of the state's law to Sound's ads is preempted

Ron reserves the domain name www.wamart.com before Wal-Mart does, which directs a user to a Web site he has set up that sells retail goods online. Ron's action is known as: a. meta tagging. b. goodwill infringement. c. cybersquatting. d. typosquatting.

d. typosquatting.

Odell is an employee of Packing Corporation. She uses social media in a way that violates her employer's stated social media policies. Packing disciplines Odell and then, after a second transgression, fires her. This is a. a violation of the Stored Communications Act. b. a subject for dispute resolution by social media. c. a "business-extension exception" under the Electronic Communications Privacy Act. d. within the employer's rights.

d. within the employer's rights.

Slander

defamation in oral form

Stop Counterfeiting in Manufactured Goods Act (SCMGA)

enacted to combat counterfeit goods; made it a crime to intentionally traffic goods/services; may be fined up to $2 million

Which agency investigates consumer complaints of privacy violations? a. The Social Security Administration b. The Department of Agriculture c. The Federal Housing Authority d. The Federal Communications Commission e. The Fair Data and Security Agency f. The Federal Trade Commission

f. The Federal Trade Commission

To register for protection under federal trademark law, a person must

file an application with the US Patent and Trademark Office in DC

Sea Coast Café uses the trademark of Tacos del Mar without permission. This use of the mark is actionable as trademark infringement a. only if the two companies' products are similar. b. all of the choices. c. if the use diminishes the distinctive quality of the mark. d. if consumers are confused

if consumers are confused

Counterfeit Goods

imitation products passed off as legitimate trademarks, patents, or copyrighted works

2 broad classifications of torts

intentional and unintentional

Madrid Protocol

international treaty that provides for a streamlined system of international registration of trademarks

Those who enter retail premises are called ____ A landowner has a duty to discover and remove any ____ dangers to customers. When risks are ____, owners need not warn of them.

invitees; hidden; obvious

CAN-SPAM Act of 2003

laws that the US Federal Trade Commission (FTC) enforce regarding false advertising and prohibit senders of spam from sending spam to recipients who have requested not to receive such emails

Phoenix Inc. is a publisher. Phoenix uses a logo featuring a bird rising from a flame to identify its publications. The publications are printed in a unique process that includes a 3-D printer. Phoenix could most likely obtain trademark protection for its a. printing process. b. publications. c. printer. d. logo

logo

duty of landowners

people who invite others onto property have a duty to keep the premises safe

Malpractice

professional misconduct or the lack of the requisite degree of skill as a professional. Negligence on the part of a professional, such as a physician

Salty Snacks Inc. markets a fish-shaped cracker. When Tasty Tidbits Inc. begins to sell a similar product, Salty files a suit against Tasty, alleging infringement and claiming that consumers are likely to be confused. The court will most likely a. order both parties to destroy all remaining fish-shaped crackers. b. rule in the plaintiff's favor. c. order both parties to redesign their respective products. d. dismiss the suit.

rule in the plaintiff's favor.

Torts of invasion of privacy and appropriation

safeguards right to privacy

Lanham Act of 1946

spells out what kinds of marks (including brand names) can be protected and the exact method of protecting them

United Inc., a U.S. film production company, files a suit against Video Ltd., a Mexican production firm, for infringement of intellectual property rights under Mexico's national laws. Both the U.S. and Mexico are signatories of the TRIPS agreement, under which United is entitled to a. fewer rights under Mexican law than Video. b. none of the choices. c. more protection under Mexican law than Video. d. the same rights and protection under Mexican law as Video.

the same rights and protection under Mexican law as Video.

Pseudo Drugs Inc. is convicted of trafficking in counterfeit prescription drugs. As a penalty, the company may be ordered to pay restitution to the trademark holders in an amount equal to a. Pseudo's profits from the sale of the counterfeit drugs. b. the retail prices of the counterfeit drugs. c. the retail prices of the genuine drugs. d. their lost net profits.

their lost net profits.

TDRA (Trademark Dilution Revision Act)

to state a claim for trademark dilution, a plaintiff must prove the following: 1. the plaintiff owns a faous mark that is distinctive 2. the defendant has begun using a mark in commerce that allegedly is diluting the famous mark 3. the similarity between the defendant's mark and the famous mark gives rise to an association between the marks 4. the association is likely to impair the distinctiveness of the famous mark or harm its reputation

The distinctive color, furniture, labels, logos, and employee uniforms that might be used by a company are known as its: a. trade dress. b. collective mark. c. trademark. d. formal trade list.

trade dress

Intentional Torts against Property

trespass to land trespass to personal property conversion disparagement of property

Defense to defamation

truth and privilege

Graphix S.A. traffics in labels that bear counterfeit trademarks. This is a crime a. only if the labels have negative effects on legitimate businesses. b. only if the labels are attached to counterfeit goods. c. under no circumstances. d. under all circumstances.

under all circumstances