BUSINESS LAW - CHAPTER 5 (Intellectual Property and Internet Law)

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  1. Intellectual Property
    Property resulting from intellectual and creative processes.
  2. Trademark
    A distinctive word, symbol, or design that identifies the manufacturer as the source of particular goods and distinguishes its products from those made or sold by others.
  3. Trademark Dilution
    A trademark law concept giving the owner of a famous trademark standing to forbid others from using that mark in a way that would lessen its uniqueness. In most cases, trademark dilution involves an unauthorized use of another's trademark on products that do not compete with, and have little connection with, those of the trademark owner.
  4. Service Mark
    A trademark that is used to distinguish the services (rather than the products) of one person or company from those of another.
  5. 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.
  6. 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.
  7. Trade Dress
    The image and overall appearance (“look and feel”) of a product that is protected by trademark law.
  8. 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.
  9. 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.
  10. Cyber Mark
    A trademark in cyberspace.
  11. Domain Name
    Part of an Internet address, such as “” The part to the right of the period is the top level domain and indicates the type of entity that operates the site, and the part to the left of the period, called the second level domain, is chosen by the entity.
  12. 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.
  13. Typosquatting
    Registering a name that is a misspelling of a popular brand, for example, Because many Internet users are not perfect typists, Web pages using these misspelled names can generate significant traffic.
  14. Patent
    A property right granted by the federal government that gives an inventor an exclusive right to make, use, sell, or offer to sell an invention in the United States for a limited time.
  15. 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.
  16. Fair Use
    A limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is adoctrine that permits limited use of copyrighted material without acquiring permission from the rights holders
  17. First Sale Doctrine
    A doctrine that says that a person who buys a legally produced copyrighted work may "sell or otherwise dispose" of the work as he sees fit. I.E, if you legally buy a book or CD, "first sale" gives you the right to loan that book or CD to your friend. Libraries heavily depend on the first sale doctrine to lend books and other items to patrons.
  18. Trade Secret
    A formula, device, idea, process, or other information used in a business that gives the owner a competitve advantage in the marketplace.
  19. Berne Convention
    The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland, in 1886.
  20. TRIPS Agreement
    The Agreement on Trade-Related Aspects of Intellectual Property Rights  set the standards for intellectual property protection in the world today.  It came into force on 1 January 1995 and is binding on all members of the World Trade Organization (WTO)
  21. Madrid Protocol
    The protocol that enables owners of trademark applications and registrations to extend their rights to dozens of other member countries.
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BUSINESS LAW - CHAPTER 5 (Intellectual Property and Internet Law)
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