Chapter 11: Intellectual Property

  1. Blurring
    A type of trademark dilution that occurs when the distinctiveness of a mark is reduces by another's use of the same mark in a different context
  2. Copyright
    A statutorily created property right in creative expression that protects authors
  3. Digital Millennium Copyright Act
    A law passed that makes circumvention of copyright protections illegal and requires Internet Service Providers to remove infringing material when notifed
  4. Economic Espionage Act
    A federal law that creates criminal liability from trade secret misappropriation. Penalties are enhanced for misappropriation intended to benefit a foreign government.
  5. Fair use
    A statutorily permitted use of another's copyright for criticism, comment, news reporting, teaching, scholarship, or research
  6. Generic
    To lose distinctiveness in reference to the source of goods and this to loose trademark protection
  7. Infringement
    The tort of violation of intellectual property rights
  8. Injunction
    A court order directing  party to do or to refrain from doing some act
  9. Intellectual property
    A type of property in information and its application or expression
  10. likelihood of confusion
    Standard employed in trademark law to determine if the use of a mark by two companies is too similar
  11. Misappropiation
    A term referring to the wrongful taking of what belongs to an owner
  12. Patent
    A statutorily created property right in inventions and discoveries
  13. Patent trolls
    A firm or individual that produces no products or services and owns patents only to obtain licensing fees from other firms
  14. Piracy
    Applied to criminal misappropriation of intellectual property, particularly copyrighted media
  15. Plant patents
    A property rights awarded for a new variety of plant that can be produced asexually. Note that inventions involving plants may be protected as utility patents
  16. Property
    A bundle of private, exclusive rights in people to acquire, posses, use, and transfer scarce resources
  17. Tarnishment
    A type of trademark dilution that occurs when a mark's reputation is hared by another's use of the same mark in a different context
  18. Trade dress
    A legal doctrine giving someone ownership of a distinctive overall appearance or look feel of a product or service
  19. Trade secret
    Any formula, pattern, machine, or process of manufacturing used in one's business that may give the user an opportunity to obtain an advantage over its competitors. T
  20. Trademark
    A statutorily created property in a mark, word, picture, or design that attaches to goods and indicates their sources
  21. Trademark dilution
    Using someone's trademark in such a way so to reduce the value of the trademark's significance, reputation, and goodwill, even if the public is not confused by the use
  22. Utility patent
    A property right awarded for a new and non-obvious process, machine, or composition of matter that that has a useful function
Author
ndrewoliver
ID
318044
Card Set
Chapter 11: Intellectual Property
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Key Terms
Updated