Law Chapter 7, chapter 9 law, Chapter 8 Law

misdemeanor

A lesser crime than a felony, punishable by a fine or incarceration in jail for up to one year.

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. The mark "CPA" is a collective mark used by members of the Society of Certified Public Accountants.

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. Certification marks include such marks as "Good Housekeeping Seal of Approval" and "UL Tested.

what is the standard in a criminal case and explain how much evidence must be present to be considered not guilty or guilty

beyond reasonable doubt If the jury views the evidence in the case as reasonably permitting either a guilty or a not guilty verdict, then the jury's verdict must be not guilty. In other words, the prosecutor must prove beyond a reasonable doubt that the defendant has committed every essential element of the alleged offense. If the jurors are not convinced of the defendant's guilt beyond a reasonable doubt, they must find the defendant not guilty.

the foreign corrupt practices act

prohibits U.S. businesspersons from bribing foreign officials to secure beneficial contracts. Firms that violate the FCPA can be fined up to $2 million. Individuals can be fined up to $100,000 and imprisoned for up to five years.

organized crime

, in contrast, operates illegitimately by, among other things, providing illegal goods and services, such as illegal drugs, gambling, and prostitution. Today, organized crime is heavily involved in cyber crime

what is the criminal process order

-arrest-must have probable cause -indictment or information m(judge), or grand jury- Indictment: a formal charge by a grand jury that there is probable cause to believe that a named person has committed a crime Information: a formal accusation or complaint issued in certain types of actions by a government prosecutor -trail determines if a induvial committed and crime beyond reasonable doubt. if they cant find that then they prove them not guilty -sentencing judge determines the punishment of the person who committed the crime.

Section 102 Exclusions (Copyrights)

-not an original expression -facts widely known -page numbers -mathematical calculations -ideas -procedure -process -system -method of operation -concept -principle -discovery What is copyrightable is the particular way in which an idea is expressed. Whenever an idea and an expression are inseparable, the expression cannot be copyrighted. An idea and its expression, then, must be separable to be copyrightable.

reasonable expectation of privacy

. A reasonable expectation of privacy exists if (1) the individual actu-ally expects privacy, and (2) the person's expectation is one that society as a whole would consider legitimate.

Internet Service Providers

A business or organization that offers users access to the Internet and related services

cyber crime

A crime that occurs in the online environment.

entrapment

A defense in which a defendant claims to have been induced by a public official to commit a crime that would otherwise not have been committed. In the typical entrapment case, an undercover agent suggests that a crime be committed and pressures or induces an individual to commit it. The agent then arrests the individual for the crime. For entrapm

the Digital Millennium Copyright Act (DMCA)

A federal statute that prohibits unauthorized access to copyrighted digital works by circumventing encryption technology or the manufacture and distribution of technologies designed for the purpose of circumventing encryption protection of digital works.

Typosquatting

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

phisishing

A form of identity theft in which the perpetrator sends e-mails purporting to be from a legitimate business to induce recipients to reveal their personal financial data, passwords, or other information.

trade secret

A formula, device, idea, process, or other information used in a business that gives the owner a competitive advantage in the marketplace. A company's customer lists, plans, and research and development are trade secrets. Trade secrets may also include pricing information, marketing techniques, and production methods—anything that makes an individual company unique and that would have value to a competitor. protection of trade secrets extends both to ideas and to their expression.

Actus Reus

A guilty (prohibited) act. It is one of the two essential elements required to establish criminal liability.

Electronic Communications Privacy Act

A law passed by Congress in 1986 establishing the due process requirements that law enforcement officers must meet in order to legally intercept wire communications.

Distributed Network

A network that can be used by persons located (distributed) around the country or the globe to share computer files

Internet law

A number of laws specifically address issues that arise only on the Internet. These issues include unsolicited e-mail, domain names, cybersquatting, and meta tags, as we discuss here. We also discuss how the law is dealing with problems of trademark dilution online, as well as licensing.

insanity

A person who suffers from a mental illness may be incapable of the state of mind required to commit a crime. Thus, insanity can be a defense to a criminal charge. Note that an insanity defense does not allow a person to avoid imprisonment. It simply means that a defendant who successfully proves insanity will be placed in a mental institution.

hacker

A person who uses computers to gain unauthorized access to data.

patnet

A property right granted by the federal government that gives an inventor an exclusive right to make, use, and sell an invention for a limited time (20 years). Patents for designs, as opposed to inventions, are given for a 14 year period.

exclusionary rule

A rule that prevents evidence that is obtained illegally or without a proper search warrant from being admissible in court "fruit of the poisonous tree"

Cookie

A small file sent from a website and stored in a user's Web browser to track the user's Web browsing activities

worm

A software program that automatically replicates itself over a network but does not alter files and is usually invisible to the user until it has consumed system resources

virus

A software program that can replicate itself over a network and spread from one device to another, altering files and interfering with normal operations.

service mark

A trademark that is used to distinguish the services (rather than the products) of one person or company from those of another For instance, each airline has a particular mark or symbol associated with its name. Titles and character names used in radio and television are frequently registered as service marks.

Mens Rea

A wrongful mental state ("guilty mind"), or intent. It is one of the two essential elements required to establish criminal liability. The required mental state, or intent, is indicated in the applicable statute or law. Theft, for exam-ple, involves the guilty act of taking another person's property. The guilty mental state involves both the awareness that the property belongs to another and the intent to deprive the owner of it.

U.S. Safe Web Act

Allows FTC to share information with foreign agencies that investigate and prosecute cyber crimes. It also provides ISPs with immunity from liability for supplying information to FTC.

how to we find the identity of the author of online defamation when the author is unknown?

An Internet service provider (ISP) can disclose personal information about its customers only when ordered to do so by a court. Consequently, businesses and individuals are increasingly bringing lawsuits against "John Does" (John Doe, Jane Doe, and the like are fictitious names used in lawsuits when the identity of a party is not known or when a party wishes to remain anonymous for privacy reasons). Then, using the authority of the courts, the plaintiffs can obtain from the ISPs the identity of the persons responsible for the defamatory messages. Note that courts have occasionally refused to order companies to disclose the identity of their users example case: Yelp, Inc., is a California company that operates a social networking website for consumer reviews. Seven users of Yelp posted negative reviews of Hadeed Carpet Cleaning, Inc., in Alexandria, Virginia. Hadeed brought a defamation suit against the "John Doe" reviewers in a Virginia state court, claiming that because these individuals were not actual customers, their comments were false and defamatory. Yelp failed to comply with a court order to reveal the users' identities and was held in contempt. Yelp appealed, claiming that releasing the identities would violate the defendants' First Amendment right to free speech. A state intermediate appellate court affirmed the lower court's judgment, but that decision was reversed on appeal. The Supreme Court of Virginia ruled that even though the state trial court had jurisdiction, it did not have subpoena power over Yelp, a nonresident defendant. According to the court, "Enforcement of a subpoena seeking out-of-state discovery is generally governed by the courts and the law of the state in which the witness resides or where the documents are located.

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

search warrant

An order granted by a public authority, such as a judge, that authorizes law enforcement personnel to search particular premises or property.

cyber fraud

Any misrepresentation knowingly made over the Internet with the intention of deceiving another for the purpose of obtaining property or funds. Two widely reported forms of cyber crime are advance fee fraud and online auction fraud. In the simplest form of advance fee fraud, consumers order and pay for items, such as automo-biles or antiques, that are never delivered. Online auction fraud is also fairly straightforward.A person lists an expensive item for auction, on either a legitimate or a fake auction site, and then refuses to send the product after receiving payment.

computer crime

Any violation of criminal law that involves knowledge of computer technology for its perpetration, investigation, or prosecution.

Apple Vs Samsung Case

Apple sued Samsung in federal court alleging that Samsung's Galaxy smartphones and tablets that use Google's HTC Android operating system infringed on Apple's patents. Apple had design patents that covered its devices' graphical user inter-face (the display of icons on the home screen), shell, and screen and button design. Apple had also patented the way information is displayed on iPhones and other devices, the way windows pop open, and the way information is scaled and rotated. A jury found that Samsung had willfully infringed five of Apple's patents and awarded about $500 million in damages. The parties appealed. A judge later reduced the amount of damages awarded on the patent claims, but litigation continued. A federal appellate court held that elements of the physical design of these two manufacturers' mobile devices and their on-screen icons were not protected under the Lanham Act. The United States Supreme Court reversed and remanded. The Court explained that the Patent Act provision governing damages for design patent infringement encompasses both a product sold to a consumer and a component of that product. Therefore, components of the infringing smartphones could be considered relevant to damages, even though the consumers could not purchase those components separately.17 for an undisclosed sum.

Hasbro Inc Vs. Internet entertainment group Ltd

Candyland issues involving the website and the bad image for the game

Carlos walking down the street case and the civil law and criminal law

Carlos is walking down the street, minding his own business, when suddenly a person attacks him. In the ensuing struggle, the attacker stabs Carlos several times, seriously injuring him. A police officer restrains and arrests the wrongdoer. In this situation, the attacker may be subject both to criminal prosecution by the state and to a tort lawsuit brought by Carlos PHYSICAL ATTACK AS A TORT The assailant commits an assault (an intentional, unexcused act that creates in Carlos the reasonable fear of immediate harmful contact) and a battery (intentional harmful or offensive contact). Carlos files a civil suit against the assailant. A court orders the assailant to pay Carlos for his injuries. PHYSICAL ATTACK AS A CRIME The assailant violates a statute that defines and prohibits the crime of assault (attempt to commit a violent injury on another) and battery (commission of an intentional act resulting in injury to another). he state prosecutes the assailant. A court orders the assailant to be fined or imprisoned.

compilations of facts and when is it copyrightable and when is it not

Compilations of facts, however, may be copyrightable. Under Section 103 of the Copyright Act, a compilation is a work formed by the collection and assembling of preex-isting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. The key requirement for the copyrightability of a compilation is originality. For instance, a template form used by emergency room physicians to record patient information is not original and does not qualify for copyright protection.

Computer Software Copyright Act

Copyright Act to include computer programs in the list of creative works protected by federal copyright law. Generally, copyright protection extends to those parts of a computer program that can be read by humans, such as the high-level language of a source code. Protection also extends to the binary-language object code, which is readable only by the computer, and to such elements as the overall structure, sequence, and organization of a program. Not all aspects of software are protected, however. Courts typically have not extended copyright protection to the "look and feel"—the general appearance, command structure, video images, menus, windows, and other screen displays—of computer programs. (Note that copying the "look and feel" of another's product may be a violation of trade dress or trademark laws, however.) Sometimes it can be difficult for courts to decide which particular aspects of software are protected example case: Oracle America, Inc., is a software company that owns numerous appli-cation programming interfaces, or API packages. Oracle grants licenses to others to use these API packages to write applications in the Java programming language. Java is open and free for anyone to use, but using it requires an interface. When Google began using some of Oracle's API packages to run Java on its Android mobile devices, Oracle sued for copyright infringement. Google argued that the software packages were command structure, which are not protected under copyright law. Ultimately, a federal appellate court concluded that the API packages were source code and were entitled to copyright protection

cyberterrorists

Criminals who use technology and the Internet to cause fear, violence, and extreme financial harm.

recklessness

Defendants are criminally reckless if they consciously disregard a substantial and unjustifiable risk. example: A claustrophobic patient at the Vanderbilt University Med-ical Center in Nashville, Tennessee, was about to undergo a full body scan, which requires lying inside a large tube-like machine for about thirty minutes. A nurse, meaning to inject the patient with the anti-anxiety drug Versed, mistakenly injected her with vecuronium, a powerful narcotic used to keep patients from moving during surgery. The mistake occurred, apparently, because both drugs start with "VE." After the patient died, state law enforcement officials charged the nurse with reckless homicide. When a med-ical professional does not read the label of a drug she is about to inject into a patient, she has arguably created a substantial and unjustifiable risk of severe harm or death

what are the rules on social media passwords being given to employers? can social media post affect your hiring ability as well?

Employees and applicants for jobs or colleges have occasionally been asked to divulge their social media passwords. An employer or school may look at an individual's Facebook or other account to see if it includes controversial postings, such as racially discriminatory remarks or photos of parties where drugs were being used. Such postings can have a negative effect on a person's prospects even if they were made years earlier or are taken out of context. More than half of the states have enacted legislation to protect individuals from having to disclose their social media passwords. These laws vary. Some states, such as Michigan, prohibit employers from taking adverse action against an employee or job applicant based on what the person has posted online. Michigan's law also applies to e-mail and cloud storage accounts. Legislation will not completely prevent employers and others from taking actions against employees or applicants based on their social network postings, though. Management and human resources personnel are unlikely to admit that they based a hiring decision on what they saw on someone's Facebook page. They may not even have to admit to looking at the Facebook page if they use private browsing, which enables people to keep their Web browsing activities confidential. How, then, would a person who does not get the job prove that the rejection occurred because the employer accessed social media postings?

mistake

Everyone has heard the saying "ignorance of the law is no excuse." Ordinarily, ignorance of the law or a mistaken idea about what the law requires is not a valid defense. A mistake of fact, as opposed to a mistake of law, can excuse criminal responsibility if it negates the mental state nec-essary to commit a crime. Example 9.19 If Oliver Wheaton mistakenly walks off with Julie Tyson's briefcase because he thinks it is his, there is no crime. Theft requires knowledge that the property belongs to another. (If Wheaton's act causes Tyson to incur damages, however, she may sue him in a civil action for the tort of trespass to personal property or conversion.)

Electronic Communications Privacy Act exclusions

Excluded from the ECPA's coverage are any electronic communications through devices that an employer provides for its employee to use "in the ordinary course of its busi-ness." Consequently, if a company provides the electronic device (cell phone, laptop, tablet) to the employee for ordinary business use, the company is not prohibited from intercepting business communications made on it. This "business-extension exception" to the ECPA permits employers to monitor employ-ees' electronic communications made in the ordinary course of business. It does not permit employers to monitor employees' personal communications. Another exception allows an employer to avoid liability under the act if the employees consent to having the employer monitor their electronic communications.

how does social media affect admissive agencies

Federal regulators also use social media posts in their investigations into illegal activities. Administrative law judges can base their decisions on the content of social media posts example cases: Reed Hastings, the top executive of Netflix, stated on Facebook that Netflix subscribers had watched a billion hours of video the previous month. As a result, Netflix's stock price rose, which prompted a federal agency investigation. Under securities laws, such a statement is considered to be material information to investors. Thus, it must be disclosed to all investors, not just a select group, such as those who had access to Hastings's Facebook post. The agency ultimately concluded that it could not hold Hastings responsible for any wrong-doing because the agency's policy on social media use was not clear. The agency then issued new guidelines that allow companies to disclose material information through social media if investors have been notified in advance Jennifer O'Brien was a tenured teacher at a public school in New Jersey when she posted two messages on her Facebook page. "I'm not a teacher—I'm a warden for future criminals!" and "They had a scared straight program in school—why couldn't I bring first graders?" Not surprisingly, outraged parents protested. The deputy superinten-dent of schools filed a complaint against O'Brien with the state's commissioner of education, charging her with conduct unbecoming a teacher. After a hearing, an administrative law judge ordered that O'Brien be removed from her teaching position. O'Brien appealed to a state court, claiming that her Facebook postings were protected by the First Amendment and could not be used by the school district to discipline or discharge her. The court found that O'Brien had failed to establish that her Facebook postings were protected speech and that the seriousness of O'Brien's conduct did warrant removal from her position

explain pirated movies and TV and who it affects and the example case

File-sharing also creates problems for the motion picture industry, which loses significant amounts of revenue annually as a result of pirated DVDs. Numerous websites offer software that facilitates the illegal copying of movies. Popcorn Time, for example, is a BitTorrent site that offers streaming services that allow users to watch pirated movies and television shows without downloading them. Example: UN4 Productions, Inc., creates and distributes a series of martial arts films called Boyka Undisputed. When the company determined that an unauthorized copy of Boyka Undisputed 4 was being shared on BitTorrent, it tried to determine who was responsible for ini-tially uploading the film. Failing in these efforts, UN4 subpoenaed a number of ISPs, requesting the "digital footprints" of anyone who had illegally downloaded Boyka Undisputed 4 on BitTorrent. This strategy identified five individuals, whom UN4 successfully sued for infringement of its copyrighted material. Because the defendants had not profited from these "minor" infringe-ments, a federal judge determined that UN4 was only entitled to $750 in damages from each. The judge also ordered the defendants to destroy their downloaded files of the film.

penalty

Fine up to $25,000 per violation and/or imprisonment for up to 20 years (Civil liability - divestiture or forfeiture of business or property or treble damages + attorney fees)

social media

Forms of communication through which users create and share information, ideas, messages, and other content via the Internet. Social networking sites, such as Facebook, Google+, LinkedIn, Pinterest, and Tumblr, have become ubiquitous. Other social media platforms, including Instagram, Snapchat, and Twitter, have also gained popularity. Studies show that Internet users spend more time on social networks than at any other sites, and the amount of time people spend on social media is constantly increasing.

what are copyright owners protect against

Generally, copyright owners are protected against the following: 1. Reproduction of the work. 2. Development of derivative works. 3. Distribution of the work. 4. Public display of the work.

what are generic terms and what protection do they receive and what are some examples

Generic terms that refer to an entire class of products, such as bicycle and computer, receive no protection, even if they acquire secondary meanings. A particularly thorny problem for a business arises when its trademark acquires generic use. For instance, aspirin and thermos were originally trademarked products, but today the words are used generically. Other trademarks that have acquired generic use include escalator, trampoline, raisin bran, dry ice, lanolin, linoleum, nylon, and cornflakes. A trademark that is commonly used does not automatically become generic, though case example of when people tried to get googles trademark removed.

Public Order Crime

Historically, societies have always outlawed activities considered to be contrary to public values and morals. Today, the most common public order crimes include public drunken-ness, prostitution, gambling, and illegal drug use. These crimes are sometimes referred to as victimless crimes because they normally harm only the offender. From a broader perspective, however, they are detrimental to society as a whole because they may create an environment that gives rise to property and violent crimes.

top-level domain (TLD)

Identifies the type of organization associated with the domain. such as .com, .edu, .gov, .net

the miranda rule

In Miranda v. Arizona, a case decided in 1966, the United States Supreme Court established the rule that individuals who are arrested must be informed of certain constitutional rights. Suspects must be informed of their Fifth Amendment right to remain silent and their Sixth Amendment right to counsel. If the arresting officers fail to inform a criminal suspect of these constitutional rights, any statements the suspect makes normally will not be admissible in court. Because of its importance in criminal procedure he U.S. Supreme Court has made some exceptions to the Miranda Rule: Public Safety - allows certain statements to be admitted even if the defendant was not given Miranda warnings (statement that reveals the location of a weapon) A suspect must unequivocally and assertively ask to exercise the right to counsel in order to stop police questioning. Saying, "Maybe I should talk to a lawyer" during an interrogation after being taken into custody is not enough.

goodwill

In the business context, the valuable reputation of a business viewed as an intangible asset. Competition for SLDs among firms with similar names and products has led to numerous disputes. By using an identical or similar domain name, one company may attempt to profit from a competitor's goodwill (the intangible value of a business)

Receiving Stolen Goods

It is a crime to receive goods that a person knows or should have known were stolen or illegally obtained. To be convicted, the recipient of such goods need not know the true identity of the owner or the thief, and need not have paid for the goods. All that is necessary is that the recipient knows or should have known that the goods were stolen, which implies an intent to deprive the true owner of those goods.

how has social media affected criminal investigations

Law enforcement uses social media to detect and prosecute criminals. A surprising number of criminals boast about their illegal activities on social media. Police might also use it to locate a particular suspect or to determine the identify of other suspects within a criminal network. According to at least one court, it is legally acceptable for law enforcement officers to set up a phony social media account to catch a suspect. example case: Paige Thompson, a former software engineer for Amazon, tweeted that "I've basically strapped myself with a bomb vest." Thompson was referring, metaphorically, to the punishment she was likely to receive for breaking into a server used by credit card company Capital One and compromising the financial data of more than 100 million people. The tweet resulted in her arrest and criminal charges that carry a maximum punishment of five years in prison and a $250,000 fine

malware

Malicious software programs, such as viruses and worms, that are designed to cause harm to a computer, network, or other device.

how does social media affect employers' social media policies

Many large corporations have established specific guidelines on using social media in the workplace. Employees who use social media in a way that violates their employer's stated policies may be disciplined or fired. Courts and administrative agencies usually uphold an employer's right to terminate a person based on violation of a social media policy. Note, though, that some employees' posts on social media may be protected under labor law. example case: Virginia Rodriquez worked for Walmart Stores, Inc., for almost twenty years and had been promoted to management. Then she was disciplined for violating the company's policies by having a fellow employee use Rodriquez's password to alter the price of an item that she purchased. Under Walmart's rules, another violation within a year would mean termination. Nine months later, on Facebook, Rodriquez publicly chastised employees under her supervision for calling in sick to go to a party. The posting violated Walmart's "Social Media Policy," which was "to avoid public comment that adversely affects employees." Walmart terminated Rodriquez. She filed a lawsuit, alleging discrimination, but the court issued a summary judgment in Walmart's favor.

state crimes

Many states have also enacted laws that punish behavior as criminal without the need to show criminal intent. Example 9.5 In several states, a vendor who sells alcohol to someone under the age of twenty-one has committed a crime. Under these laws, vendors can be convicted of the crime regardless of their intent or their knowledge of the customer's actual age.

UDRP

More disputes are resolved through the UDRP, which allows common law trademark claims and has fewer procedural requirements.

botnets

Networks of compromised computers connected to the Internet that can be used to generate spam, relay viruses, or cause servers to fail

white collar crime

Nonviolent crime committed by individuals or business entities to obtain a personal or business advantage. Corpo-rate crimes fall into this category. In addition, certain property crimes, such as larceny and forgery, may also be white-collar crimes if they occur within the business context

what are the rules on who gets the patent first.

Now, the first person to file an application for a patent on a product or process will receive patent protec-tion. In addition, the law established a nine-month limit for challenging a patent on any ground. The period of patent protection begins on the date when the patent application is filed, rather than when the patent is issued, which can sometimes be years later. After the patent period ends (either fifteen or twenty years later), the product or process enters the public domain, and anyone can make, sell, or use the invention without paying the patent holder.

Password Theft

Numerous software programs aid identity thieves in illegally obtaining passwords. A technique called keystroke logging, for instance, relies on software that embeds itself in a victim's computer and records every keystroke made on that computer. Usernames and passwords are then recorded and sold to the highest bidder

Bankruptcy Fraud

Numerous white-collar crimes may be committed during the many phases of a bankruptcy proceeding. A creditor may file a false claim against the debtor. Also, a debtor may attempt to protect assets from creditors by fraud-ulently concealing property or by fraudulently transferring property to favored parties. For instance, a company-owned automobile may be "sold" at a bargain price to a trusted friend or relative.

Obtaining Goods by False Pretenses

Obtaining goods by means of false pretenses is a form of theft that involves trickery or fraud, such as using someone else's credit card number without permission. Statutes dealing with such illegal activities vary widely from state to state. They often apply not only to property, but also to services and cash.

5th amendment protections

One is the guarantee that no one can be deprived of "life, liberty, or property without due process of law." Two other import-ant Fifth Amendment provisions protect persons against double jeopardy and self-incrimination.

online defamation

One of the most prevalent cyber torts is online defamation. Recall that defamation is wrongfully hurting a person's reputation by communicating false statements about that person to others. Because the Internet enables individuals to communicate with large numbers of people simultaneously (via tweets, for instance), online defamation is a common problem in today's legal environment.

Royalties

Payments made by a licensee to a licensor as part of an agreement for the ongoing use of the licensor's trademarked asset.

what are the penalties for counterfeiting

Persons found guilty of violating the SCMGA may be fined up to $2 million or imprisoned for up to ten years (or more, if they are repeat offenders). If a court finds that the statute was violated, it must order the defendant to forfeit the counter-feit products (which are then destroyed), as well as any property used in the commission of the crime. The defendant must also pay example case: Charles Anthony Jones pleaded guilty to trafficking in counterfeit prescription drugs for erectile dysfunction. The court sentenced Jones to thirty-seven months in prison and ordered him to pay more than $600,000 in restitution. Jones appealed, arguing that the amount awarded was more than the pharmaceutical companies' actual losses. The court agreed. The pharmaceutical companies were entitled only to their lost net profits rather than the retail price of the genuine drugs.10

due process of law

Remember that due process of law has both procedural and substantive aspects. Procedural due process requirements underlie criminal procedures. The law must be carried out in a fair and orderly way. In criminal cases, due process means that defendants should have an opportunity to object to the charges against them before a fair, neutral decision maker, such as a judge. Defendants must also be given the opportunity to confront and cross-examine witnesses and accusers, and to present their own witnesses.

Roommate.com case

Roommate.com, LLC, operated an online roommate-matching website that helps individuals find roommates based on their descrip-tions of themselves and their roommate preferences. Users respond to a series of online questions, choosing from answers in drop-down and select-a-box menus. Some of the ques-tions asked users to disclose their sex, family status, and sexual orientation—which is not permitted under the federal Fair Housing Act When a nonprofit housing organization sued Roommate.com, the company claimed it was immune from liability under the CDA. A federal appellate court disagreed and ordered Roommate.com to pay nearly $500,000. By creating the website and the questionnaire and answer choices, Roommate.com prompted users to express discriminatory preferences and matched users based on these preferences in violation of federal law

Stored Communications Act

SCA prohibits intentional and unauthorized access to stored electronic com-munications, and sets forth criminal and civil sanctions for violators. A person can violate the SCA by intentionally accessing a stored electronic communication. The SCA also prevents "providers" of communication services (such as cell phone com-panies and social media networks) from divulging private communications to certain enti-ties and individuals. example case: As part of an investigation into disability fraud, the New York County District Attorney's Office sought from Facebook the data and stored com-munications of 381 retired police officers and firefighters. The government suspected that these individuals had faked illness after 9/11 in order to obtain disability. Facebook challenged the warrants in court, arguing that they were unconstitutional because they were overly broad and lacked particularity. The court ruled against Facebook and ordered it to comply. It also ordered the company not to notify the users that it was disclosing their data to government investigators. Facebook complied but appealed the deci-sion. The reviewing court held that only the individuals, not Facebook, could challenge the warrants as violations of privacy. Thus, the government was allowed to seize all of Facebook's digital data pertaining to these users

how has social media affected settlement agreements

Social media posts have been used to invalidate settlement agreements that contained confidentiality clauses example case: Patrick Snay was the headmaster of Gulliver Preparatory School in Florida. When Gulliver did not renew Snay's employment contract, Snay sued the school for age discrimination. During mediation, Snay agreed to settle the case for $80,000 and signed a confidentiality clause that required he and his wife not to disclose the "terms and existence" of the agreement. Nevertheless, Snay and his wife told their daughter, Dana, that the dispute had been settled and that they were happy with the results.Dana, a college student, had recently graduated from Gulliver and, according to Snay, had suffered retaliation at the school. Dana posted a Facebook comment that said, "Mama and Papa Snay won the case against Gulliver. Gulliver is now officially paying for my vacation to Europe this summer. SUCK IT." The comment went out to 1,200 of Dana's Facebook friends, many of whom were Gulliver students, and school officials soon learned of it. The school immediately notified Snay that he had breached the confidentiality clause and refused to pay the settlement amount. Ultimately, a state intermediate appellate court agreed and held that Snay could not enforce the settlement agreement.

what is social medias impact on litigation

Social media posts now are routinely included in discovery in litigation. Such posts can provide damaging information that establishes a person's intent or what that person knew at a particular time. Like e-mail, posts on social networks can be the smoking gun that leads to liability. In some situations, social media posts have been used to reduce damages awards. example: Jil Daniels sues for injuries she sustained in a car accident, claiming that her injuries make it impossible for her to continue working as a hairstylist. The jury initially determines that her damages were $237,000, but when the jurors see Daniels's tweets and photographs of her partying in New Orleans and vacationing on the beach, they reduce the damages award to $142,000

necessity

Sometimes, criminal defendants are relieved of liability if they can show that a criminal act was necessary to prevent an even greater harm. Example 9.17 Trevor is a convicted felon and, as such, is legally prohibited from possessing a firearm. While he and his wife are in a convenience store, a man draws a gun, points it at the cashier, and demands all the cash. Afraid that the man will start shooting, Trevor grabs the gun and holds on to it until police arrive. In this situation, if Trevor is charged with possession of a firearm, he can assert the defense of necessity you are trying to prevent a crime that is bigger than the crime you use to stop it.

spam

Spam is the unsolicited "junk e-mail" that floods virtual mailboxes with advertisements, solicitations, and similar communications. Considered relatively harmless in the early days of the Internet, spam has become a serious problem. By some estimates, it accounts for roughly 75 percent of all e-mails

the "fair use" exception

T]he fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by [Section 106 of the Copyright Act], for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. since it is very broad they have considered it on a case by case basis and usually the 4th one is more important

what are the rewards if you win an ACPA case and what are the struggles of success in them?

The ACPA applies to all domain name registrations of trademarks. Successful plaintiffs in suits brought under the act can collect actual damages and profits, or they can elect to receive statutory damages ranging from $1,000 to $100,000. Although some companies have successfully sued under the ACPA, there are roadblocks to pursuing such lawsuits. Some domain name registrars offer privacy services that hide the true owners of websites, making it difficult for trademark owners to identify cybersquat-ters. Thus, before bringing a suit, a trademark owner has to ask the court for a subpoena to discover the identity of the owner of the infringing website. Because of the high costs of court proceedings, discovery, and even arbitration, many disputes over cybersquatting are settled out of court.

Anticybersquatting Consumer Protection Act

The act amended the Lanham Act—the federal law protecting trademarks. The ACPA makes cyber-squatting illegal when both of the following 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 that trademark. EXAMPLE:CrossFit, Inc., is a Delaware corporation that provides personal fitness services and products. CrossFit is well known in the fitness industry and licenses affiliates to operate individual CrossFit-branded programs. CrossFit granted a license to Andres Del Cueto Davalos to operate a location in Mexico and allowed him to use the domain name "CrossFitAlfa." Davalos later registered the domain name CrossFitBeta without CrossFit's permission and then used both of these domain names to redirect website vis-itors to a third website, www.woodbox.com. Davalos was attempting to siphon off CrossFit customers to another busi-ness that he co-owned, Woodbox Training Centers, which oper-ated in twenty-five locations across Mexico. CrossFit sued under the ACPA. Because of Davalos's bad faith intent, the court awarded CrossFit the maximum amount of statutory damages available ($100,000 for each domain name), plus costs and attorneys' fees.

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 apple trying to sue people who were make domain names that were the same of their products

Bribery

The crime of bribery involves offering something of value to someone in an attempt to influence that person—who is usually, but not always, a public official—to act in a way that serves a private interest. Three types of bribery are considered crimes: bribery of public officials, commercial bribery, and bribery of foreign officials As an element of the crime of bribery, intent must be present and proved. The bribe itself can be anything the recipient considers to be valuable, but the defendant must have intended it as a bribe. Realize that the crime of bribery occurs when the bribe is offered—it is not required that the bribe be accepted. Accepting a bribe is a separate crime. Commercial bribery involves corrupt dealings between private persons or businesses. Typically, people make commercial bribes to obtain proprietary information, cover up an inferior product, or secure new business. Industrial espionage sometimes involves commer-cial bribes.

Cloud Computing

The delivery to users of on-demand services from third-party servers over a network. which is essentially a subscription-based or pay-per-use service that extends a computer's software or storage capabilities. Cloud computing can deliver a single application through a browser to multiple users. Alternatively, cloud computing might provide data storage and virtual servers that can be accessed on demand. Amazon, Facebook, Google, IBM, and Sun Microsystems are using and developing more cloud computing services.

Copyright

The exclusive right of an author or originator of a literary or artistic production to publish, print, sell, or otherwise use that production for a statutory period of time

forgery

The fraudulent making or altering of any writing (including electronic records) in a way that changes the legal rights and liabilities of another Forgery also includes changing trademarks, falsifying public records, counterfeiting, and altering a legal document.

Petty Offense

The least serious kind of criminal offense, such as a traffic or building-code violation.

The Federal CAN-SPAM Act

The legislation applies to any "commercial electronic mail messages" that are sent to promote a commercial product or service. Significantly, the statute preempts state antispam laws except those provisions in state laws that prohibit false and deceptive e-mailing practices Generally, the act permits the sending of unsolicited commercial e-mail but prohibits certain types of spamming activities. Prohibited activities include the use of a false return address and the use of false, misleading, or deceptive information when sending e-mail. The statute also prohibits the use of "dictionary attacks"—sending messages to randomly generated e-mail addresses—and the "harvesting" of e-mail addresses from websites through the use of specialized software

URS

The newer URS system can be used by only registered trademark owners with clear-cut infringement claims. The URS has other limitations as well, but it is faster.

Domain Name

The series of letters and symbols used to identify a site operator on the Internet (an Internet address).

peer-to-peer networking (P2P)

The sharing of resources among multiple computer or other devices without the requirement of a central network server Rather than going through a central network, P2P networking uses numerous computers or other devices that are connected to one another, often via the Internet.

Mail and Wire Fraud

These laws make it a federal crime to devise any scheme that uses the U.S. mail, commercial carriers (such as FedEx or UPS), or wire (including telegraph, telephone, television, e-mail, and online social media) with the intent to defraud the public. These laws are often applied when persons send untrue or misleading information via e-mail with the intent of obtaining a financial benefit under false pretenses. The maximum penalty under these statutes is substantial. Persons convicted of mail or wire fraud may be imprisoned for up to twenty years and/or fined. If the violation affects a financial institution or involves fraud in connection with emergency disaster-relief funds, the violator may be fined up to $1 million, imprisoned for up to thirty years, or both

Counterfeit Access Device and Computer Fraud and Abuse Act

This act is commonly known as the Computer Fraud and Abuse Act, or CFAA. Among other things, the CFAA provides that a person who accesses a computer online, without authority, to obtain classified, restricted, or protected data (or attempts to do so) is subject to criminal prosecution. Such data could include financial and credit records, medical records, legal files, military and national security files, and other confidential information. The data can be located in government or private computers. The crime has two elements: accessing a computer without authority and taking the data. This theft is a felony if it is committed for a commercial purpose or for private financial gain, or if the value of the stolen information exceeds $5,000. Penalties include fines and imprisonment for up to twenty years. A victim of computer theft can also bring a civil suit against the violator to obtain damages, an injunction, and other relie

Remedies for Copyright Infringement

Those who infringe copyrights may be liable for damages or criminal penalties. These range from actual damages or statutory damages, imposed at the court's discretion, to criminal proceedings for willful violations. Actual dam-ages are based on the harm caused to the copyright holder by the infringement, while statutory damages, not to exceed $150,000, are provided for under the Copyright Act. In addition, criminal proceedings may result in fines and/or imprisonment. In some instances, a court may grant an injunction against the infringer.

what makes something patentable

Thus, to be patentable, an invention must be novel, useful, and not obvious in light of current technology. Almost anything is patentable, except the laws of nature, natural phenomena, and abstract ideas (including algorithms14 ). Even artistic methods and works of art, certain business processes, and the structures of storylines are patentable, provided that they are novel and not obvious. Plants that are reproduced asexually (by means other than from seed), such as hybrid or genetically engineered plants, are patentable in the United States, as are genetically engineered (or cloned) microorganisms and animals. the GPS touch screen in cars is an example of non patentable because is just ideas and didn't transform them into any patent eligible inventions

what is the criminal liability of companies

Today, corporations are normally liable for the crimes committed by their agents and employees within the course and scope of their employment.8 For liability to be imposed, the prosecutor typically must show that the corporation could have prevented the act or that a supervisor within the corporation authorized or had knowl-edge of the act. In addition, corporations can be criminally liable for failing to perform specific duties imposed by law (such as duties under environmental laws or securities laws)

how do you register a trademark

Trademarks are registered with USPTO. (united states patent and trademark office) mark can be registered (1) if it is currently in commerce or (2) if the applicant intends to put it into commerce within six months. Thus, the applicant would have a total of three years from the date of notice of trademark approval to make use of the mark and to file the required use statement. Registration is postponed until the mark is actually used. During this waiting period, applicants can legally protect their trademarks against third parties who have neither used the marks previously nor filed applications for them. Regis-tration is renewable between the fifth and sixth years after the initial registration and every ten years thereafter (every twenty years for trademarks registered before 1990). the government cannot cancel trademarks just because it is offensive

what makes you liable for violating trade secrets?

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.

Trademark Dilution Revision Act (TDRA)

Under the TDRA, to state a claim for trademark dilution, a plaintiff must prove the following: 1. The plaintiff owns a famous 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

what are the two ICANN resolution forums

Uniform Domain-Name Dispute-Resolution Policy (UDRP) and the Uniform Rapid Suspension (URS) system

duress

Unlawful pressure that causes a person to perform an act that the person would not otherwise perform forced to do the act that is the not as bad than what you are being pressured with. threated to be killed to hit some

embezzlement

When a person who is entrusted with another person's funds or property fraudulently appropriates it, embezzlement occurs. Embezzlement is not larceny, because the wrongdoer does not physically take the property from another's possession, and it is not robbery, because force or fear is not used. Frequently, an embezzler takes relatively small amounts repeatedly over a long period. This might be done by underreporting income or deposits and embezzling the remaining amount, or by creating fictitious persons or accounts and writing checks to them from the corporate account. An employer's failure to remit state withholding taxes that were collected from employee wages can also constitute embezzlement.

what must a company do to prove trade mark infringement and what can they receive if they win

When a trademark has been infringed, the owner has a cause of action against the infringer. To succeed in a lawsuit for trademark infringement, the owner must show that the defendant's use of the mark created a likelihood of confusion about the origin of the defendant's goods or services. The owner need not prove that the infringer acted intentionally or that the trademark was registered (although registration does provide proof of the date of inception of the trademark's use). The most commonly granted remedy for trademark infringement is an injunction to pre-vent further infringement. Under the Lanham Act, a trademark owner that successfully proves infringement can recover actual damages, plus the profits that the infringer wrong-fully received from the unauthorized use of the mark. A court can also order the destruction of any goods bearing the unauthorized trademark. In some situations, the trademark owner may also be able to recover attorneys' fees.

what are the time limits on copyrights

Works created after January 1, 1978, are automatically given statutory copyright protection for the life of the author plus 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, whichever is first. For works by more than one author, the copyright expires 70 years after the death of the last surviving author.

Felony

a crime—such as arson, murder, rape, or robbery—that carries the most severe sanctions, ranging from more than a fine >$1,000, or more than one year in a state or federal prison to the death penalty

cyber tort

a tort committed via the internet

Licensing

allowing or granting someone access for its trademark to be used in a domain. can bee also seen in apps and in software that you download. that also prevent you from copying it and sharing it.

meta tags

are key words that give Internet browsers specific information about a Web page. Meta tags can be used to increase the likelihood that a site will be included in search engine results, even if the site has nothing to do with the key words. In effect, one website can appropriate the key words of other sites with more frequent hits so that the appropriating site will appear in the same search engine results as the more popular sites. Using another's trademark in a meta tag without the owner's permission normally con-stitutes trademark infringement. Some uses of another's trademark as a meta tag may be permissible, however, if the use is reasonably necessary and does not suggest that the owner authorized or sponsored the use. the Nespresso Coffee example

examples that are trade marks

catchy phrases (nike's just do it), abbreviations( coca-cola --> Coke), shapes (shape of the coca cola bottle), ornamental colors (fedex colors), ornamental designs (levi's placement of their small tag) , sounds (MGM roar of the lion)

BitTorrent and when does it become a issue with copyright

e most popular method of P2P file shar-ing in the world. Its popularity is based on the speed with which it can send multiple large, high-quality files without using a great deal of bandwidth. There is nothing inherently illegal about using BitTorrent. For instance, someone who uploads a home movie onto BitTorrent to share it with family members is most likely not breaking any law. When BitTorrent is used to share recorded music files, however, copyright issues arise. Recording artists and their labels stand to lose large amounts of royalties and revenues if rela-tively few digital downloads are purchased and then made available on distributed networks. These concerns have prompted recording companies to pursue not only companies involved in file-sharing but also individuals who have file-shared copyrighted works.

deadly force

force likely to result in death or serious bodily harm - can be used if defender reasonably believes that imminent death or grievous bodily harm will otherwise result (In addition, normally the attacker must be using unlawful force, and the defender must not have initiated or provoked the attack.)

nondeadly force

force that appears reasonably necessary to protect themselves, their dwellings or other property or to prevent the commission of a crime

what are the three pleas

guilty - you admit to it not guilty - you admit to doing it and explain to the judge what you think went wrong. no contest - do not admit to it or to doing it.

double jeopardy

he Fifth Amendment requirement that prohibits a person from being tried twice for the same criminal offense.

card testing

involves using a stolen credit card number, or thousands of stolen credit card numbers, to make very small online purchases, perhaps no larger than two dollars. If the fraudulent transaction is successful, the criminal will raise the amount of the purchases until the issuing financial institution or the real owner notices.

identity theft

occurs when the wrongdoer steals a form of identification—such as a name, date of birth, or Social Security number—and uses the information to access and steal the victim's financial resources.

BMG rights management vs. Cox communications

people where using bittorrent to send copyrighted stuff across the cox' internet and they knew and did not cancel there accounts which'd caused cox to lose

intellectual property

property resulting from intellectual and creative processes

probable cause

reasonable grounds for believing that a search and seizure should be conducted

Communications Decency Act (CDA)

states that "no provider or user of an interactive computer service shall be treated as the publisher or speaker of any infor-mation provided by another information content provider."16 Thus, under the CDA, ISPs usually are treated differently from publishers in print and other media and are not liable for publishing defamatory statements that come from a third party. The CDA's broad protection for ISPs extends beyond republication of defamatory state-ments. This chapter's Business Law Analysis feature illustrates the CDA's general rule.

second level domain

the part of the name left of the period

Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement

, standards for the international protection of intellectual property rights, including patents, trademarks, and copyrights for movies, computer programs, books, and music. The TRIPS agreement provides that each member country must include in its domestic laws broad intellectual property rights and effective remedies (including civil and criminal penalties) for violations of those rights. Each member nation must ensure that legal procedures are available for parties who wish to bring actions for infringement of intellectual property rights. Additionally, a related docu-ment established a mechanism for settling disputes among member nations. Generally, the TRIPS agreement forbids member nations from discriminating against foreign owners of intellectual property rights in the administration, regulation, or adjudication of such rights. In other words, a member nation cannot give its own nationals (citizens) favorable treatment without offering the same treatment to nationals of all member countries

page 191 7-1 has everything summed up

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what are the accounting requirements under FCPA

. All companies must keep detailed accounting records that provide "reasonable assurance" that their transactions are accounted for and legal. The FCPA prohibits any person from making false statements to accountants or false entries in any record or account.

what is copyrightable and what are the 8 categories that can receive protection and what must happen for it to be protected

. To be protected, a work must be "fixed in a durable medium" from which it can be perceived, reproduced, or communicated. As noted, protection is automatic, and registration is not required. To obtain protection under the Copyright Act, a work must be original and fall into one of the following categories: 1. Literary works (including newspaper and magazine articles, computer and training manuals, catalogues, brochures, and print advertisements). Why have the story elements from the famous Sherlock Holmes books entered the public domain? 2. Musical works and accompanying words (including advertising jingles). 3. Dramatic works and accompanying music. 4. Pantomimes and choreographic works (including ballets and other forms of dance). 5. Pictorial, graphic, and sculptural works (including cartoons, maps, posters, statues, and even stuffed animals). 6. Motion pictures and other audiovisual works (including multimedia works). 7. Sound recordings. 8. Architectural works.

What two elements normally must exist before a person can be held liable for a crime?

1. The performance of a prohibited act (actus reus). 2. A specified state of mind or intent on the part of the actor (mens rea).

trade name

A name that a business uses to identify itself and its brand. A trade name is directly related to a business's reputation and goodwill, and is protected under trademark law. EXAMPLE: A trade name may be protected as a trademark if the trade name is the same as the company's trademarked product—for instance, Coca-Cola. Unless it is also used as a trademark or service mark, a trade name cannot be registered with the federal government. Trade names are protected under the common law, but only if they are unusual or fancifully used. The word Safeway, for instance, was sufficiently fanciful to obtain protection as a trade name for a grocery chain.

violent crime

Certain crimes are called violent crimes, or crimes against persons, because they cause others to suffer harm or death. Murder is a violent crime. So, too, is sexual assault

how can you register a copyright

Copyrights can be registered with the U.S. Copyright Office (www.copyright.gov) in Wash-ington, D.C. Registration is not required, however. A copyright owner need not place a © or Copr. or Copyright on the work to have the work protected against infringement. Chances are that if somebody created it, somebody owns it.

amazon vs Cordance

Cordance Corporation developed some of the technology and software that automates Internet communications. Cordance sued Amazon.com, Inc., for patent infringement, claiming that Amazon's one-click purchasing interface infringed on one of Cordance's patents. After a jury found Amazon guilty of infringement, Cordance requested the court to issue a permanent injunction against Amazon's infringement or, alternatively, to order Amazon to pay Cordance an ongoing royalty. The court refused to issue a permanent injunction, because Cordance had not proved that it would otherwise suffer irreparable harm. Cordance and Amazon were not direct compet-itors in the relevant market. Cordance had never sold or licensed the technology infringed by Amazon's one-click purchasing interface and had presented no market data or evidence to show how the infringement negatively affected Cordance. The court also refused to impose an ongoing royalty on Amazon

Liability of Corporate Officers and Directors

Corporate directors and officers are per-sonally liable for the crimes they commit, regardless of whether the crimes were committed for their personal benefit or on the corporation's behalf. Additionally, corporate directors and officers may be held liable for the actions of employees under their supervision. Under the responsible corporate officer doctrine, a court may impose criminal liability on corporate officers regardless of whether they partici-pated in, directed, or even knew about a given criminal violation.

Criminal Negligence

Criminal negligence occurs when the defendant takes an unjustified, substantial, and foreseeable risk that results in harm. A defendant can be negligent even if the defendant was not actually aware of the risk but should have been aware of it.6 A homicide is classified as involuntary manslaughter when it results from an act of criminal negligence and there is no intent to kill

what is a secondary meaning to a trade mark and what is an example

Descriptive terms, geographic terms, and personal names are not inherently distinctive and do not receive protection under the law until they acquire a sec-ondary meaning. Whether a secondary meaning becomes attached to a term or name usu-ally depends on how extensively the product is advertised, the market for the product, the number of sales, and other factors. A secondary meaning may arise when customers begin to associate a specific term or phrase (such as Calvin Klein) with specific trademarked items made by a particular company (designer clothing and goods). Once a secondary meaning is attached to a term or name, a trademark is considered distinctive and is protected. Even a color can qualify for trademark protection, such as the color schemes used by college sports teams. Fedex and Jetex court case example

what is patent infringement

If a firm makes, uses, or sells another's patented design, product, or process without the patent owner's permission, it commits the tort of patent infringement. Patent infringement may occur even though the patent owner has not put the patented product into commerce. Patent infringement may also occur even though not all features or parts of an invention are copied. (To infringe the patent on a process, however, all steps or their equivalent must be copied.)

what are the main things looked for in trade dress cases

In cases involving trade dress infringement, as in trademark infringement cases, a major consideration is whether consumers are likely to be confused by the allegedly infringing use. example case: Con-verse makes All-Star shoes, which were the first shoes ever endorsed by a famous basketball player, Chuck Taylor. Nike, Inc., which now owns Converse, sued thirty-one companies, including Ralph Lauren, for manufacturing very similar versions of these shoes, claiming that consumers were likely to be confused. The knockoffs used the same white rubber soles, rubber cap on the toes, canvas tops, and conspicuous stitching as used on All-Stars. Ralph Lauren ultimately agreed to settle its dispute with Nike by destroying all remaining fake All-Stars and paying Nike an undisclosed sum.

plea bargaining

The process by which a criminal defendant and the prosecutor work out an agreement to dispose of the criminal case, subject to court approva

The first sale doctrine

Section 109(a) of the Copyright Act provides that the owner of a particular item that is copyrighted can, without the authority of the copyright owner, sell or otherwise dispose of it. This rule is known as the first sale doctrine. Under this doctrine, once a copyright owner sells or gives away a particular copy of a work, the copyright owner no longer has the right to control the distribution of that copy. Thus, for instance, a person who buys a copyrighted book can sell it to someone else. The first sale doctrine also applies to copyrighted CDs and DVDs. The United States Supreme Court has ruled that the first sale doctrine protects lawfully made copies no matter where in the world those copies were made. case example: Supap Kirt-saeng, a citizen of Thailand, was a graduate student at the Uni-versity of Southern California. He enlisted friends and family in Thailand to buy copies of textbooks there and ship them to him in the United States. Kirtsaeng resold the textbooks on eBay, where he eventually made about $100,000. John Wiley & Sons, Inc., had printed some of those textbooks in Asia. Wiley sued Kirtsaeng in federal district court for copy-right infringement. Kirtsaeng argued that Section 109(a) of the Copyright Act allows the first purchaser-owner of a book to sell it without the copyright owner's permission. The trial court held in favor of Wiley, and that decision was affirmed on appeal. Kirt-saeng then appealed to the United States Supreme Court, which ruled in Kirtsaeng's favor. The first sale doctrine applies even to goods purchased abroad and resold in the United States

Racketeer Influenced and Corrupt Organizations Act (RICO)

The statute makes it a federal crime to: 1. Use income obtained from racketeering activity to purchase any interest in an enterprise. 2. Acquire or maintain an interest in an enterprise through racketeering activity. 3. Conduct or participate in the affairs of an enterprise through racketeering activity. 4. Conspire to do any of the preceding activities RICO incorporates by reference twenty-six separate types of federal crimes and nine types of state felonies.20 A person who commits two of these offenses is guilty of "racketeering activity." Under the criminal provisions of RICO, any individual found guilty is sub-ject to a fine of up to $25,000 per violation, imprisonment for up to twenty years, or both. Additionally, any assets (property or cash) that were acquired as a result of the illegal activity or that were "involved in" or an "instrumentality of" the activity are subject to government forfeiture. In the event of a RICO violation, the government can seek not only criminal penalties but also civil penalties, such as the divestiture of a defen-dant's interest in a business or the dissolution of the business. Moreover, in some cases, the statute allows private individuals to sue violators and poten-tially to recover three times their actual losses (treble damages), plus attorneys' fees, for business injuries caused by a RICO violation.

when does FCPA have exceptions

The FCPA does not prohibit payments to minor officials whose duties are ministerial. A ministerial action is a routine activity, such as the processing of paperwork, with little or no discretion involved in the action. These payments, often referred to as "grease," are meant to expedite the performance of administrative services. Thus, a firm that makes a payment to a minor official to speed up an import licensing process has not violated the FCPA. Generally, the act also permits payments to foreign officials if such payments are lawful within the foreign country. Payments to private foreign companies or other third parties are permissible unless the U.S. firm knows that the payments will be passed on to a foreign government in violation of the FCPA

Madrid protocol

The Madrid Protocol is an international treaty that has been signed by about a hundred countries. Under its provisions, a U.S. company wishing to register its trademark abroad can submit a single application and designate other member countries in which it would like to register the mark. The treaty was designed to reduce the costs of obtaining international trademark protection by more than 60 percent. trademark owners. Even with an easier registration process, the question of whether member countries will enforce the law and protect the mark still remains.

how do the united states combat foreign counterfeit goods on the internet

The United States cannot prosecute for-eign counterfeiters under U.S. laws, because our national laws do not apply to them. One effective tool that U.S. officials are using to combat online sales of counterfeit goods is to obtain a court order to close down the domain names of websites that sell such goods example case: U.S. agents have shut down hundreds of domain names on the Monday after Thanksgiving ("Cyber Monday"). Shutting down the websites, particularly on key shopping days, prevents some counterfeit goods from entering the United States. Europol, an interna-tional organization, has also used this tactic.

The Stop Counterfeiting in Manufactured Goods Act (SCMGA)

The act made it a crime to intentionally traffic in, or attempt to traffic in, counterfeit goods or services, or to knowingly use a counterfeit mark on or in connection with goods or services. the SCMGA closed this loophole by making it a crime to traffic in counterfeit labels, stickers, packaging, and the like, whether or not they are attached to goods.

robbery

The act of forcefully and unlawfully taking personal property of any value from another.

Anti-Counterfeiting Trade Agreement (ACTA)

The goals of the treaty are to increase international cooperation, facilitate the best law enforcement practices, and provide a legal framework to combat counterfeiting. The treaty has its own governing body. The ACTA applies not only to counterfeit physical goods, such as medications, but also to pirated copyrighted works being distributed via the Internet. The idea is to create a new standard of enforcement for intellectual property rights that goes beyond the TRIPS agreement and encourages international cooperation and information sharing among signatory countries. Under ACTA, member nations are required to establish border measures that allow officials, on their own initiative, to search commercial shipments of imports and exports for counterfeit goods. The treaty neither requires nor prohibits random border searches of electronic devices, such as laptops and iPads, for infringing content. If border authorities reasonably believe that any goods in transit are counterfeit, the treaty allows them to keep the suspect goods unless the owner proves that the items are authentic and noni fringing. The treaty allows member nations, in accordance with their own laws, to order online service providers to furnish information about (including the identity of) suspected trademark and copyright infringer

self defense

The legally recognized privilege to do what is reasonably necessary to protect oneself, one's property, or someone else against injury by another. split up between deadly force and nondeadly force.

property crime

The most common type of criminal activity is property crime—crimes in which the goal of the offender is some form of economic gain or the damaging of property. Robbery is a form of prop-erty crime, as well as a violent crime, because the offender seeks to gain the property of another. We look here at a number of other crimes that fall within the general category of property crime.

Remedies for Patent Infringement

The patent holder can seek an injunction against the infringer and can also request damages for royalties and lost profits. In some cases, the court may grant the winning party reimbursement for attorneys' fees and costs. If the court determines that the infringement was willful, the court can triple the amount of damages awarded (treble damages). In the past, permanent injunctions were routinely granted to prevent future infringement. Today, however, a patent holder must prove that it has suffered irreparable injury and that the public interest would not be disserved by a permanent injunction. Thus, courts have the discretion to decide what is equitable in the circumstances and to consider the public interest rather than just the interests of the parties.

insider trading

The purchase or sale of securities on the basis of information that has not been made available to the public Generally, the rule is that a person who possesses inside information and has a duty not to disclose it to outsiders may not profit from the purchase or sale of securities based on that information until the information is made available to the public.

Trademark Dilution

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

burglary

The unlawful entry or breaking into a building with the intent to commit a felony.

arson

The willful and malicious burning of a building (and, in some states, vehicles and other items of personal property) is the crime of arson. At common law, arson traditionally applied only to burning down another person's house. The law was designed to protect human life. Today, arson statutes have been extended to cover the destruction of any build-ing, regardless of ownership, by fire or explosion.

larceny

The wrongful taking and carrying away of another person's personal property with the intent to permanently deprive the owner of the property. picking pockets is larceny, not robbery. Similarly, an employee who takes company products and supplies home for personal use without authorization commits larceny.

when determining a mark's strength what is the 5 categories that are used and what are they ranked

To determine a mark's strength, courts classify it on a spectrum of five categories, ranging from strongest to weakest. Fanciful and arbitrary marks employ words and phrases with no commonly understood connection to the product. These are the two strongest categories and trigger the highest degree of trademark protection. Suggestive marks, which suggest a product's features and require consumers to use some imagination to associate the sugges-tive mark with the product, are in the middle of the spectrum. The two weakest categories are descriptive and generic marks. Descriptive marks define a particular characteristic of the product in a way that does not require any imagination. Generic marks describe the product in its entirety and are not entitled to trademark protect

immunity

When the state wishes to obtain information from a person accused of a crime, the state can grant immunity from prosecution or agree to prosecute for a less serious offense in exchange for the information. Persons who are granted immunity can no longer refuse to testify on Fifth Amendment grounds because they now have an absolute privilege against self-incrimination.

when is there copyright infringment

Whenever the form or expression of an idea is copied, an infringement of copyright occurs. The reproduction does not have to be exactly the same as the original, nor does it have to reproduce the original in its entirety. If a substantial part of the original is reproduced, copy-right infringement has occurred. Note that when a copyright owner grants to another a license to use the work, the owner waives the right to sue that party (the licensee) for copyright infringement example: Ed Sheeran was accused of copyright infringement over his hit song "Photo-graph." Sheeran allegedly copied much of the song note for note from "Amazing," a single released a few years earlier by X Factor winner Matt Cardle. The songwriters of "Amazing" sued Sheeran, who reportedly settled the case for $20 million

Trademark

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. At common law, the person who used a symbol or mark to identify a business or product was protected in the use of that trademark

crime

a wrong against society proclaimed in a statute and, if committed, punishable by society through fines and/or imprisonment—and, in some cases, death. Because crimes are offenses against society as a whole, they are prosecuted by a public official, such as a district attorney (D.A.) or an attorney general (A.G.), not by the crime victims. Once a crime has been reported, the D.A.'s office decides whether to file criminal charges and to what extent to pursue the prosecution or carry out additional investigation

fedral crimes

federal criminal code now lists more than four thousand criminal offenses, many of which do not require a specific mental state. In addition, several hundred thousand federal rules can be enforced through criminal sanctions, and many of these rules do not require intent.

money laundering

g is engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds.

What is the Berne Convention?

if a U.S. citizen writes a book, every country that has signed the convention must recognize the writer's copyright in the book. Also, if a citizen of a country that has not signed the convention first publishes a book in one of the 169 coun-tries that have signed, all other countries that have signed the convention must recognize that author's copyright. Copyright notice is not needed to gain protection under the Berne Convention for works published after March 1, 1989

self-incrimination

is granted by the Fifth Amendment to the U.S. Constitution. The clause reads "nor shall [any person] be compelled in any criminal case to be a witness against himself

The Economic Espionage Act

made the theft of trade secrets a federal crime. The act also made it a federal crime to buy or possess the trade secrets of another person, knowing that the trade secrets were stolen or otherwise acquired without the owner's authorization. Violations of the act can result in steep penalties. An individual who violates the act can be imprisoned for up to ten years and fined up to $500,000. A corporation or other organi-zation can be fined up to $5 million. Additionally, any property acquired as a result of the violation, such as airplanes and automobiles, is subject to criminal forfeiture, or seizure by the government. Similarly, any property used in the commission of the violation, such as servers and other electronic devices, is subject to forfeiture. A theft of trade secrets conducted via the Internet, for instance, could result in the forfeiture of every computer or other device used to commit or facilitate the crime

what does the fourth amendment protect

must a have probable cause and must not violate a privacy within reason. they must have a warrant to search your property which proves the probable cause

what are the key differences between criminal law and civil law in the following: party who brings suit wrongful act burden of proof verdict remedy

party who brings suit - civil - person who suffered harm. criminal - the state wrongful act - civil -causing harm to a person or to a persons property. criminal - violating a statute that prohibits some type of activity burden of proof - civil - Preponderance of the evidence. criminal - Beyond a reasonable doubt. verdict - civil -Three-fourths majority (typically). criminal - unanimous. remedy - civil - Damages to compensate for the harm or a decree to achieve an equitable result. criminal - Punishment (fine, imprisonment, or death).

Trade Dress

refers to the image and overall appearance of a product. Trade dress is a broad concept that can include all or part of the total image or overall impression created by a product or its packaging The distinctive decor, menu, and style of service of a particular restaurant may be regarded as the restaurant's trade dress. Similarly, trade dress can include the layout and appearance of a catalogue, the use of a lighthouse as part of a golf hole, the fish shape of a cracker, or the G-shaped design of a Gucci watch

how can you show you were not liable under a criminal defense

self-defense, necessity, insanity, mistake, duress, entrapment, statute of limitations, immunity

Statute of Limitations

the state must initiate criminal prosecution within a certain number of years. If a criminal action is brought after the statutory time period has expired, the accused person can raise the statute of limitations as a defense. The running of the time period in a statute of limitations may be tolled—that is, sus-pended or stopped temporarily—if the defendant is a minor or is not in the jurisdiction. When the defendant reaches the age of majority or returns to the jurisdiction, the statutory time period begins to run again. 18 months - 5 to 10 years. cant use in murder

what are some examples of strong marks

words that are invented such as : google, Xerox the phrase: Dutch boy. to describe paint and there is no commonly understood connection Suggestive trademarks: representing the middle of the spectrum, indicate something about a product's nature, quality, or characteristics without describing the product directly. For instance, "Dairy Queen" suggests an association between its products and milk, but it does not directly describe ice cream. Suggestive marks can be transformed into strong marks by achieving a high degree of marketplace recognition, such as through substantial advertising

Strict Liability Crimes

—that is, offenses that do not require a wrongful mental state, or malice, to establish criminal liability. Critics say that such laws lead to overcriminalization