Study cards for DigiPen Law115 final
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| Preponderance of Evidence | Civil case, does not require as much proof as Beyond A Reasonable Doubt
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| Proof Beyond a Reasonable Doubt | Criminal case: Requires 99% certainty that the defendant is guilty.
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| 4 Types of Business Entities | Sole Proprietor, Partnership, LLC, S or C Corp
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| What do you need for Mutual Mistake? | Meeting of the minds, even though both parties are wrong.
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| What is the difference between dilution by blurring and tarnishment? | Blurring: similarity of the marks and a resulting diversion from the famous brand to the newcomer’s mark Tarnishment: third-party use that creates negative associations
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| Definition of Fair Use Defense | a limitation and exception to the exclusive right granted by copyright law to the author of a creative work.
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| 4 Factors for Fair Use Defense | 1. Purpose and character of use 2. Nature of copyrighted work 3. Amount and substantiality of portion taken 4. Effect of use upon potential market.
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| 4 Guildelines for the Fair Use Factors | 1. Noncommercial is favored 2. Creativity is protected more than factual work 3. Both amount and significance of copied material 4. Destroying the value of the copyrighted work is frowned upon
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| America Invents requires patents to do what first? | First to file
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| What do Rights of Publicity control? | 1. Name 2. Image 3. Likeness 4. Voice 5. Other identifiable aspects
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| Ways of discovering trade secrets: | 1. Reverse engineering 2. Employee poaching 3. Loss of Protection 4. Independent Invention 5. Publishing in journal or web 6. Inadvertent disclosure
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| Definition of trade secret. | a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable
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| What is mediation? | A way of settling without litigation. A mediator gets the two parties to speak to each other.
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| What is arbitration? | A way of settling without litigation. An outside party, such as a retired judge, will act as a judge.
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| Requirements of a law suit? | 1. Type of claim 2. Identity of Parties 3. Concise statements of facts 4. Demand for relief
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| Definition of a contract | A voluntary agreement containing definite terms by competent parties supported by a valid consideration and not induced by any misrepresentation.
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| How can contacts be performed? | Definite written or oral words
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| Four part of a contract | 1. Definite terms 2. Acceptance 3. Considerations 4. Offer
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| What is "Work of Authorship"? | A product of creative expression that is original, tangible, is involves creativity.
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| Rights of Copyright | 1. Reproduce 2. Right to prepare derivative works 3. Right to distribute copies 4. Right to perform 5. Right to display
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| Rights of Patents | 1. Produced claimed invention 2. Use Invention 3. Sell or offer to sell 4. Import invention into U.S.
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| Two Types of Work for Hire | 1. Employee/Employer 2. Other (Commissioned or signed agreement)
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| What does patent law protect? | 1. Processes 2. Machines 3. Articles of Manufacture 4. Compositions of Matter
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| Damages for an unregistered copyright | None
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| Damages for a copyright registered after infringement | Actual damages only
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| Damages for a copyright registered before infringement | 1. Actual damages 2. Statutory damages 3. Attorney's fees
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| Anatomy of a Lawsuit | 1. Plaintiff 2. Defendant 3. Parties 4. Claim 5. Defense 6. Liability
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