Business Law Lecture Notes - Vocabulary

Flashcards about business and law.

Trademark

Something that symbolizes a company that sells goods, physical things.

Trade Service

Something that symbolizes a company that sells services, such as a hair and nail salon

Trade Dress

A distinctive feature of a product that distinguishes it from other products.

Trade Name

A name given to a product by the manufacturer and cannot be generic

Generic

Using a word to describe a good, and the word and the good are the same thing.

Descriptive

Needs a secondary meaning and 5 years of continuous surveying.

Suggestive

Gives hints to what it actually is.

Arbitrary

A real word but not what the good means.

Fanciful

Made up name and logo.

Comparative Advertising

Using another companies source indicators to compare products.

Expressive Works

Using source indicators to further express an artistic idea.

Parody

Making fun of someones brand for a joke.

Commentary

Commenting on another brand.

Non-Commercial Intended Use

Using a brands stuff without their permission.

Product / Service Identification

Companies paying other companies to be able to fix their stuff.

Licensing

Paying for the rights of a company.

Infringement

Do not have to prove the fame of the company + likely to cause confusion.

Dilution

Must prove company fame+ likely to dilute or tarnish due to similarities in companies.

Counterfeiting

Dupes of something (illegal).

Utility Patent

20 years duration; a new and non obvious invention requirements.

Design Patent

15 years duration; 100% ornamental, nothing to do with the function requirements.

Copyright

As soon as it is created you immediately have rights.

Trade Secret

Customer lists, marketing plans and development.

Assault

Threatening with imminent harm

Battery

Actually hitting someone

False Imprisonment

Holding someone captive without their consent, it is ok if it is reasonable.

Intentional Infliction of Emotional Distress

Making someone feel so bad they have to go to the doctor

Defamation

False statement of fact that is not an opinion.

Slander

In person.

Libel

Online.

Slander Per Se

When the slander is super aggressive such as sexual life, getting arrested etc.

Disparagement of Property

Making false claims about a product or business that makes others not want to buy from them

Appropriation of Identity

Using a famous person on an ad that they did not allow.

False Light

Using someone who is against something and portraying them on what theyre against.

Intrusion into Individual Affairs

If you have a reasonable excuse to property and someone invades that property.

Public Disclosure of Private Facts

Publicly disclosing someones personal things.

Fraudulent Misrepresentation

Misrepresenting something that causes someone to join a contract.

Trespass Real Property

Going on someones land with intent to stay.

Trespass Personal Property

Going on someones phone/laptop.

Conversion

Taking someones belongings without their consent.

Wrongful Interference with Business Relationship

If you convince a company to leave their contract with another company.

Wrongful Interference with a Contractual Relationship

Diverting costumers from another company.

Damages

Economic, non economic, and punitive.

Comparative Fault

If you had an active role on why you got hurt

Assumption of Risk

You knew there was a reason you would get hurt.

Contributory Negligence

Government chooses how much you were involved and how much money you may get based on that.

Superseding/Intervening Cause

When something occurs after a negligence but it was not the fault of the person.

Good Samaritan

Seeing an emergency and helping but the person does not say no, you cannot be sued.

Dram Shop Act and Social Host

A restaurant or a persons home giving alcohol to someone underage or knowing that someone is an alcoholic,and then either one of those people gets into an accident after, you are liable.

Manufacturing Defect

While the good was being manufactured, there was a defect in the manufacturing.

Actus Reus

The action.

Mens Rea

The mental state.

Corporate Liability

Corporations can be held liable for what their employees do if it could have been prevented.

Burglary

Trespassing with intent to commit a crime, could be any crime.

Larceny

Intentionally stealing.

Obtaining goods by false pretenses

Larceny but with fraud

Receiving Stolen Property

Receiving a gift from someone but that person stole it and you shouldve known.

Arson

Setting fire.

Forgery

Forging documents.

Embezzlement

Legally having access to someones property but using it unlawfully.

Mail and Wire Fraud

Fraud but a technological device was used.

Bribery

Giving someone something like money for something else of value.

Theft of Trade Secrets

If someone steals your trade secret.

Insider Trading

Someone who has information about a trade company with many shareholders, and takes that access to buy and sell stuff with it.

Money Laundering

Cleaning money that came from something dirty.

Self-Defense

The right to use force to defend yourself or someone else from imminent harm.

Necessity

You had to commit a crime but if you didn’t, greater harm would’ve occurred.

Insanity

Incapable of having a mens rea.

Mistake

Defendant didn’t know that something had value but only if it negates mens rea.

Duress

Committing a crime because you were threatened to do so.

Entrapment

An undercover cop tricks you into committing a crime.

Statute of Limitations

The time limit in which somebody can bring legal action, murder has no statute of limitations.

Immunity or prosecution for reduced offense

A lesser sentence for snitching.