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Legal Business II > Ch 8 > Flashcards

Flashcards in Ch 8 Deck (30):
0

Intellectual Property

Property resulting from intellectual, creative processes

Ex. Books, computer files, software, movies, music

1

Trademark

Distinctive mark, motto, device or emblem that manufacturer
Stamps, prints or otherwise affixes to goods it produces

Once trademark is established, the owner is entitled to exclusive
Use

2

Latham Act of 1946

Protects manufacturers from losing business to rivals for using
Similar trademarks

Incorporates common law of trademarks and provides remedies
For owners of trademarks

3

Trademark dilution act

Illegal for companies to use very similar trademarks

4

Trademark registration

Can be done at both federal and state levels

For federal, application is filed with the US Patent and Trademark
Office in Washington DC

5

Generic terms

Whole class of industry Not protected under patent law

Ex. Bicycle, computer

6

Secondary terms

Protected under patent law

Ex. Color of trademark

7

Service Mark

Mark used in sale or advertising services to distinguish services
Of one person or company from others

Titles, character names and other distinctive features of radio
And television programs may be registered as service marks

8

Certification mark

Mark used by one or more persons other than the owner, to
Certify the region, materials, mode of manufacture, quality

or other characteristics of specific goods or services

9

Collective mark

Mark used by members of cooperative, association, union, or
Other organization to certify region, materials, mode of manufacture

Quality, or other characteristics of specific goods or services

10

Trade dress

Image and overall appearance of product, subject to same
Protection as trademarks

Ex. Distinctive decor, menu, layout, style of service at particular
Restaurant

11

Stop Counterfeiting in Manufactured Goods Act 2006

Crime to traffic counterfeit goods

Up to $2,000,000 in fines and 10 years in prison

12

Trade Name

Term used to indicate part or all of a business's name and that
Is directly related to business's reputation and goodwill

Trade names are protected under common law

13

Trade names are protected under trademark law if...

The name is the same as that of the firm's trademarked product

14

Cyber mark

Trademark in cyber space

15

Domain name

The top level (part of the name to right of the period) indicates
Type of entity that operates the site (com is abbreviation for
Commercial)

Second level (part of the name to left of period) chosen by
Entity

16

TLD

Top-level domain

Ex. .com

17

SLD

Second level domain

18

Internet Corporation for Assigned Names and Numbers (ICANN)

Nonprofit corporation oversees distribution of domain names and operates an online arbitration system

19

Cyber squatting

Act of registering a domain name that is the same ad or confusingly
Similar to trademark of another

And offering to sell the name back to trademark owner

20

Anticybersquatting Consumer Protection Act 1997 (ACPA)

Makes it illegal for person to register, traffic or use domain
Name in bad faith intent

21

Meta tags

Website's key word fields

22

License (in context of intellectual property law)

Agreement permitting use of trademark, copyright, patent or
Trade secret for certain limited purposes

23

Patent, define, how long are they granted for?

Government grant that gives an inventor exclusive right or
Privilege to make, use or sell his/her invention for limited period

20 years inventions, 14 years for designs

24

Copyright

Exclusive right of author or originator of literary or artistic
Production to publish, print or sell for statutory time period

25

ISP

Internet service providers

26

Peer-To-Peer (P2P) Networking

Sharing of of resources (ex. Files, hard drives, processing styles) among multiple computers without Necessarily requiring a central network server

27

Distributed network

Network that can be used by persons located (distributed)
Around the country or the globe to share computer files

28

Cloud computing

Subscription base or pay-per-use service over internet in real
Time extends a computers software or storage capabilities

Company can increase its info technology capabilities without
Investing in new infrastructure, training new personnel or
Liscensing new software

29

Trade secret

Information or process that gives business an advantage over
Competitors that do not know the information or process