BCOR 2301 final questions and answers 100% pass

BCOR 2301 final questions and answers 100% pass Intellectual property ✔✔any property resulting from intellectual and creative purpose (books, computer files, mobile apps, movies, music) Trademark ✔✔A distinctive word ...

BCOR 2301 final questions and answers 100% pass Intellectual property ✔✔any property resulting from intellectual and creative purpose (books, computer files, mobile apps, movies, music) 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. Lanham Act of 1946 ✔✔federal statute enacted in part to protect companies from losing business to rival companies that use confusingly similar trademarks Federal Trademark Dilution Act (FTDA) ✔✔amendment to lanham act of 1946 which allows trademark owners to bring a lawsuit in federal court for trademark dilution Dilution ✔✔unauthorized use of a distinctive and famous mark (or a similar mark) in a way that weakens the marks distinctiveness or harms its reputation. Trademark Registration ✔✔register the mark with the u.s. patent and trademark office a mark can be registered if ✔✔(1) it is currently in commerce (2) the applicant intends to put the mark into commerce w.i. 6 months renewal of trademark registration ✔✔-renewable between fish and sixth years after initial registration -every 10 years thereafter infringement ✔✔when someone else uses the registered trademark in its entirety or copies it to a substantial degree, intentionally or unintentionally without authorization. successful claim for trademark infringement ✔✔plaintiff must show defendants use of the mark created a likelihood of confusion about the origin of the defendants goods or services injunction ✔✔court order that restrains a person from committing an act which infringes upon the legal rights of another person fanciful trademarks ✔✔Involve invented words Ex: Xerox, Kleenex, Google, Qdoba Arbitrary trademarks ✔✔involve common words not ordinarily associated with the product Suggestive Trademarks ✔✔bring to mind something about a product without describing the product directly Generic Terms ✔✔Terms that refer to an entire class of products are not entitled to protection, even if they acquire secondary meaning Secondary Meaning (Trademarks) ✔✔descriptive terms, geographic terms, personal names, and color schemes are not initially distinctive and do not get registered until customers associate them with specific terms made by a particular company. service mark ✔✔mark used to distinguish the services of one person or company from those of another. Certification Mark ✔✔mark used by persons other than owner, to certify quality, materials, mode of manufacture, or other characteristic of specific goods or services Collective Mark ✔✔A mark used by members of a group or organization to certify certain characteristics of goods or service trade dress ✔✔image and overall appearance of a product that is protected by trademark law. counterfeit goods ✔✔goods that copy or otherwise imitate trademark goods but are not genuine (knockoff) trade name ✔✔name that refers to all or part of a business name to identify itself and its brand license ✔✔agreement by the owner of intellectual property to permit another party to use a trademark, copyright, patent, trade secret, or other forms of intellectual property for certain limited purpose licensor ✔✔party that owns the intellectual property rights and issues the license licensee ✔✔party that obtains the license from the licensor patent ✔✔a property right granted by federal government that give and inventor exclusive right to make, use, and sell and invention in the u.s. for a limited time America Invents Act (2011) ✔✔First person to file an application for a patent on a product or process will receive patent protection NOT first person who obtains actual patent. 9 month statute of limitation from time patent application is filed to bring suit for patent infringement. Patents for inventions ✔✔20 year protection from filling date Patents for designs ✔✔14 years of protection from filing date patent infringement ✔✔a tort whereby a firm makes, uses, or sells anothers patented design, product, or process without the patent owners permission copyright ✔✔intangible property right granted by federal statute to author or originator of certain literary or artistic productions. Copyright Act of 1976 ✔✔works created after january 1, 1978 are automatically given copyright protection for the life of the author plus 70 years copyright infringement ✔✔whenever the form or expression of an idea is copied fair use exception ✔✔provides and exception to liability for copyright infringement trade secret ✔✔formula, device, idea, process, or other information used in a business that gives the owner a competitive advantage in the marketplace employment at will ✔✔common law doctrine which allows either party (employer or employee) to end employment relationship at anytime for any reason implied employment contract ✔✔a contract that is inferred or implied between employer and employee even though no written employment contract exists tort theory ✔✔termination of an employee may give rise to claims of: intentional infliction of emotional distress, defamation, fraud intentional infliction of emotional distress ✔✔an extreme and outrages act, intentionally committed , that results in severe emotional distress to another defamation ✔✔anything published or publicly spoken that causes injury to anothers good name reputation, or character, fraud ✔✔involves intentional deceit for personal gain based on: public policy ✔✔most common exception to employment at will doctrine is that worker was terminated for reasons that violate a clearly stated fundamental public policy of the jurisdiction whistleblowing ✔✔an employees disclosure to the government authorities, upper level managers or the media that the employer is engaged in unsafe or illegal activities. wrongful discharge ✔✔and employers termination of an employees employment in violation of the law or an employment contract Fair Labor Standards Act ✔✔federal statute enacted in 1938 which extended wage and hour requirements to caver all employers engages in interstate commerce or in the production of goods for interstate commerced, plus other certain businesses minimum wage ✔✔lowest wage, either by government regulation or union contract, than an employer must pay an hourly worker Family and Medical Leave Act (FMLA) ✔✔federal statute enacted in 1993 to allow employees to take time off from work for family or medical reasons Occupational Safety and Health Act ✔✔federal statute enacted in 1970 which is the primary legislation protecting employees health and safety worker compensation laws ✔✔state statutes that establish an administrative procedure for compensating workers injured on the job social security act ✔✔federal statute which provides for old age survivors and disability insurance Federal Insurance Contributions Act (FICA) ✔✔federal statute which requires employers and employees to contribute to help pay for benefits that will partially make up for the employees loss of income on retirement medicare ✔✔federal government health insurance program that is administered by the social security administration for people 65 years of age and older and some under 65 years of age who are disabled Federal Unemployment Tax Act (FUTA) ✔✔federal statute enacted in 1974 which regulates employee retirement plans Consolidated Omnibus Budget Reconciliation Act (COBRA) ✔✔federal statue enacted in 1985 which requires employers to continue health care coverage for workers after their jobs have been terminated health insurance portability and accountability act ✔✔federal statue which regulates employer sponsored group health plans National Labor Relations Act ✔✔federal statute which established the rights of employees to engage in collective bargaining and to strike property ✔✔legally protected rights and interests in anything with an ascertainable value that is subject to ownership personal property ✔✔property that is movable (cars, computers, clothes, and artwork) real property (real estate) ✔✔property that is immovable including (land, buildings, plants, airspace) fixtures ✔✔certain personal property which becomes so closely associated with real property to which it is attached that the law views it as real property fee simple absolute ✔✔an ownership interest in land in which the owner has the greatest aggression of rights, privileges, and power possible nuisance ✔✔use of a property in a way that interferes with others right to use or enjoy their own property life estate ✔✔ownership interest in land that lasts only for the duration of the life of some specified individual conveyance ✔✔the transfer of title to real property from one person to another by deed or other document leasehold estate ✔✔created when a real property owner or lessor agrees to convey the right to possess and use the property to a tenant for a certain period of time nonpossessory interest ✔✔interest in land involving the right to use the land but not the right to possess it or take from it easement ✔✔a nonpossessory right, established by express or implied agreement, to make limited use of anothers property without removing anything from the property license (real property) ✔✔the revocable right to enter onto another persons land without obtaining any permanent interest in the land implied warranty of habitability ✔✔guaranty by seller of a new house that the house is fit for human habitation deed ✔✔a written instrument which conveys real property from one person to another person recording statues ✔✔statutes that allow deeds, mortgages, and other real property transactions to be recorded so as to provide notice to future purchasers or creditors of an existing claim on the property eminent domain ✔✔the power of a government to take land from private citizens for public use as long as the government provides such citizens with just compensation assignment of lease ✔✔transfer of tenants entire interest in the leased property to a third party sublease ✔✔transfer of all or part of the leased premises by tenant to a third party for a period of time shorter than the lease term