Business Law - Test 7

Card 119-

What is an “Assault?'“

Any word or action intended to make another person fearful or immediate physical harm.

What is “Battery?”

The intentional touching of another.

What is “Conversion?”

The wrongful taking, using, or retaining possession of personal property that belongs to another.

What three qualities must an item or a concept possess to constitute “property” in the eyes of the law?

1. It must have value

2. It must be subjective to ownership

3. It must be subject to harm, damage, or destruction.

What is “Intellectual Property?”

Property resulting from intellectual creative processes.

Name the six types of intellectual property that need legal protection.

1. Trademark

2. Patents

3. Service Marks

4. Trade Names

5. Copyrights

6. Trade Secrets

What is a “Trademark?”

A word, symbol, sound, or design that has become sufficiently associated with a good or has been registered with a government agency.

How does a person obtain protection for his trademark under the Federal Trademark law (i.e. the Lanham Act of 1946)?

He or she must file an application with the U.S. Patent and Trademark Office.

When does the tort of trademark infringement occur?

When one who does not own a trademark copies it to a substantial degree or uses it in its entirety without the owner’s permission.

When does “dilution” of a trademark occur?

When a trademark is used without permission in a way that diminishes the distinctive quality of the mark.

What is a “Service Mark?”

A mark used in the sale or advertising of services to distinguish the services of one person or company from the services of others.