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| def:Capable of serving as the basis of a lawsuit., |
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| def:A condition that exists when a person makes a statement with either knowledge of its falsity or a reckless disregard for the truth. In a defamation suit, a statement made about a public figure normally must be made with actual malice for liability to be incurred., |
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| def: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., |
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| def:Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat., |
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| def:The unprivileged, intentional touching of another., |
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| def:The wrongful interference with the business rights of another., |
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| def:A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party., |
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| def:The wrongful taking, using, or retaining possession of personal property that belongs to another., |
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| def:A tort committed via the Internet., |
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| def:Any published or publicly spoken false statement that causes injury to another's good name, reputation, or character., |
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| disparagement of property |
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| def:An economically injurious false statement made about another's product or property. A general term for torts that are more specifically referred to as slander of quality or slander of title., |
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| fraudulent misrepresentation |
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| def:Any misrepresentation, either by misstatement or 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., |
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| def:A wrongful act knowingly committed., |
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| def:Defamation in writing or other form (such as in a videotape) having the quality of permanence., |
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| def:In tort law, the ability to act contrary to another person's right without that person's having legal redress for such acts. Privilege may be raised as a defense to defamation., |
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| def:A salesperson's exaggerated claims concerning the quality of property offered for sale. Such claims involve opinions rather than facts and are not considered to be legally binding promises or warranties., |
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| def:Money damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct., |
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| def:Defamation in oral form., |
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| def:The publication of false information about another's product, alleging that it is not what its seller claims., |
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| def: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., |
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| def:Bulk, unsolicited ( junk ) e-mail., |
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| def:A civil wrong not arising from a breach of contract. A breach of a legal duty that proximately causes harm or injury to another., |
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| def:One who commits a tort., |
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| def:The publication of false information about another's product, alleging it is not what its seller claims; also referred to as slander of quality., |
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| def:The entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization., |
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| trespass to personal property |
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| def:The unlawful taking or harming of another's personal property; interference with another's right to the exclusive possession of his or her personal property., |
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| def:(pronounced rehs ehp-suh low-quuh-duhr) A doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence. Literally, the term means the facts speak for themselves. , |
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| def:A defense against negligence that can be used when the plaintiff is aware of a danger and voluntarily assumes the risk of injury from that danger., |
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| def:Those people, such as customers or clients, who are invited onto business premises by the owner of those premises for business purposes., |
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| def:An act or omission without ( but for ) which an event would not have occurred., |
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| def:A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person's proportionate negligence., |
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| def:A theory in tort law under which a complaining party's own negligence contributed to or caused his or her injuries. Contributory negligence is an absolute bar to recovery in a minority of jurisdictions., |
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| def: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., |
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| def: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., |
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| def:A state statute that provides that persons who rescue or provide emergency services to others in peril—unless they do so recklessly, thus causing further harm—cannot be sued for negligence., |
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| def:Professional misconduct or the failure to exercise the requisite degree of skill as a professional. Negligencethe failure to exercise due careon the part of a professional, such as a physician or an attorney, is commonly referred to as malpractice., |
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| def:The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances., |
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| def:An act (or failure to act) in violation of a statutory requirement., |
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| def:Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability., |
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| reasonable person standard |
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| def:he 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., |
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| def:Liability regardless of fault. In tort law, strict liability may be imposed on defendants in cases involving abnormally dangerous activities, dangerous animals, or defective products., |
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| def:A mark used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, quality, or accuracy of the owner's goods or services. When used by members of a cooperative, association, or other organization, such a mark is referred to as a collective mark. Examples of certification marks include the Good Housekeeping Seal of Approval and UL Tested. , |
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| def:A mark used by members of a cooperative, association, or other organization to certify the region, materials, mode of manufacture, quality, or accuracy of the specific goods or services. Examples of collective marks include the labor union marks found on tags of certain products and the credits of movies, which indicate the various associations and organizations that participated in the making of the movies., |
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| def:The exclusive right of authors to publish, print, or sell an intellectual production for a statutory period of time. A copyright has the same monopolistic nature as a patent or trademark, but it differs in that it applies exclusively to works of art, literature, and other works of authorship, including computer programs., |
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| def:A trademark in cyberspace., |
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| def: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., |
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| def:With respect to trademarks, a doctrine under which distinctive or famous trademarks are protected from certain unauthorized uses of the marks regardless of a showing of competition or a likelihood of confusion. Congress created a federal cause of action for dilution in 1995 with the passage of the Federal Trademark Dilution Act., |
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| def:A network that can be used by persons located (distributed) around the country or the globe to share computer files., |
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| def:The series of letters and symbols used to identify site operators on the Internet; Internet addresses. {, |
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| def:Property resulting from intellectual, creative processes. Patents, trademarks, and copyrights are examples of intellectual property., |
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| def:Words inserted into a Web site's key-words field to increase the site's appearance in search engine results., |
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| def:A government grant that gives an inventor the exclusive right or privilege to make, use, or sell his or her invention for a limited time period. The word patent usually refers to some invention and designates either the instrument by which patent rights are evidenced or the patent itself., |
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| peer-to-peer (P2P) networking |
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| def:The sharing of resources (such as files, hard drives, and processing styles) among multiple computers without necessarily requiring a central network server., |
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| def:A mark used in the sale or the advertising of services, such as to distinguish the services of one person from the services of others. Titles, character names, and other distinctive features of radio and television programs may be registered as service marks., |
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| def:The image and overall appearance of a product—for example, the distinctive decor, menu, layout, and style of service of a particular restaurant. Basically, trade dress is subject to the same protection as trademarks., |
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| def:A term that is used to indicate part or all of a business's name and that is directly related to the business's reputation and goodwill. Trade names are protected under the common law (and under trademark law, if the name is the same as the firm's trademarked property)., |
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| def:Information or a process that gives a business an advantage over competitors who do not know the information or process., |
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| def:A distinctive mark, motto, device, or implement that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they may be identified on the market and their origins made known. Once a trademark is established (under the common law or through registration), the owner is entitled to its exclusive use., |
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| def:(pronounced ak-tus ray-uhs) A guilty (prohibited) act. The commission of a prohibited act is one of the two essential elements required for criminal liability, the other element being the intent to commit a crime., |
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| def:(pronounced mehns ray-uh) Mental state, or intent. A wrongful mental state is as necessary as a wrongful act to establish criminal liability. What constitutes a mental state varies according to the wrongful action. Thus, for murder, the mens rea is the intent to take a life; for theft, the mens rea must involve both the knowledge that the property belongs to another and the intent to deprive the owner of it., |
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| def:The malicious burning of another's dwelling. Some statutes have expanded this to include any real property regardless of ownership and the destruction of property by other means—for example, by explosion., |
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| beyond a reasonable doubt |
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| def:The standard used to determine the guilt or innocence of a person criminally charged. To be guilty of a crime, one must be proved guilty beyond and to the exclusion of every reasonable doubt. A reasonable doubt is one that would cause a prudent person to hesitate before acting in matters important to him or her., |
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| def:The unlawful entry into a building with the intent to commit a felony. (Some state statutes expand this to include the intent to commit any crime.), |
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| def:Any wrongful act that is directed against computers and computer parties, or wrongful use or abuse of computers or software., |
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| def:Voluntary agreement to a proposition or an act of another. A concurrence of wills., |
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| def:A wrong against society proclaimed in a statute and, if committed, punishable by society through fines and/or imprisonment—and, in some cases, death., |
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| def:A crime that occurs online, in the virtual community of the Internet, as opposed to the physical world., |
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| def:A hacker whose purpose is to exploit a target computer for a serious impact, such as the corruption of a program to sabotage a business., |
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| def:A situation occurring when a person is tried twice for the same criminal offense; prohibited by the Fifth Amendment to the Constitution., |
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| def:Unlawful pressure brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform., |
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| def:The fraudulent appropriation of money or other property by a person to whom the money or property has been entrusted., |
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| def:In criminal law, a defense in which the defendant claims that he or she was induced by a public official—usually an undercover agent or police officer—to commit a crime that he or she would otherwise not have committed., |
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| def:In criminal procedure, a rule under which any evidence that is obtained in violation of the accused's constitutional rights guaranteed by the Fourth, Fifth, and Sixth Amendments, as well as any evidence derived from illegally obtained evidence, will not be admissible in court., |
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| def:A crimesuch as arson, murder, rape, or robberythat carries the most severe sanctions, usually ranging from one year in a state or federal prison to the forfeiture of one's life., |
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| def:The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another., |
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| def:A group of citizens called to decide, after hearing the state's evidence, whether a reasonable basis (probable cause) exists for believing that a crime has been committed and whether a trial ought to be held., |
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| def:A person who uses one computer to break into another. Professional computer programmers refer to such persons as crackers. , |
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| def:The act of stealing another's identifying information—such as a name, date of birth, or Social Security number—and using that information to access the victim's financial resources., |
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| def:(pronounced in-dyte-ment) A charge by a grand jury that a reasonable basis (probable cause) exists for believing that a crime has been committed and that a trial should be held., |
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| def:A formal accusation or complaint (without an indictment) issued in certain types of actions (usually criminal actions involving lesser crimes) by a law officer, such as a magistrate., |
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| def:The wrongful taking and carrying away of another person's personal property with the intent to permanently deprive the owner of the property. Some states classify larceny as either grand or petit, depending on the property's value., |
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| def:A lesser crime than a felony, punishable by a fine or imprisonment for up to one year in other than a state or federal penitentiary., |
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| def:Falsely reporting income that has been obtained through criminal activity as income obtained through a legitimate business enterprise—in effect, laundering the dirty money., |
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| def:In criminal law, a defense against liability; under Section 3.02 of the Model Penal Code, this defense is justifiable if the harm or evil sought to be avoided by a given action is greater than that sought to be prevented by the law defining the offense charged. , |
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| def:In criminal law, the least serious kind of criminal offense, such as a traffic or building-code violation., |
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| def:The process by which a criminal defendant and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case, subject to court approval; usually involves the defendant's pleading guilty to a lesser offense in return for a lighter sentence., |
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| def:The act of forcefully and unlawfully taking personal property of any value from another; force or intimidation is usually necessary for an act of theft to be considered a robbery., |
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| def:The legally recognized privilege to protect one's self or property against injury by another. The privilege of self-defense protects only acts that are reasonably necessary to protect one's self or property., |
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| def:Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage., |
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| Slander and Libel must be: |
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o Defendant owed Plaintiff a duty of care
o Defendant breached that duty
o Injury resulted
o Breach was factual and legal (proximate cause) of the injury |
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| Trademark Types (fanciful) |
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Definition
| Fanciful: entirely invented sign. EX: kodak |
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| Trademark Types (Arbitrary) |
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| Common words used in a meaningful context. EX: Apple computers |
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| Trademark Types (Suggestive) |
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| Indicates the nature, quality, or characteristic. Requires imagination on part of the customer to identify. EX: BLU-RAY |
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| Trademark Types (Descriptive) |
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| Term with a dictionary meaning used in connection with products. Can't be TM unless established through extensive use. |
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| Trademark Types (Generic terms) |
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| Common name of products or services. EX: salt. Can't be TM. |
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| Trademark Fair Use Exceptions |
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| Examples of fair use include commentary, search engines, criticism, news reporting, research, teaching, library archiving and scholarship. |
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| "Common Law" trademark rights are acquired automatically when a business uses a name or logo in commerce, and are enforceable in state courts. Marks registered with the U.S. Patent and Trademark Office are given a higher degree of protection in federal courts than unregistered marks - both registered and unregistered trademarks are granted some degree of federal protection under the Lanham Act |
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