BUSINESS LAW 7
HomeworkExercise 3 (HE3)
Atrademark refers to a particular symbol that manufacturers use toidentify their products and distinguish them from goods made byothers (Miller, 2014, p. 156). Besides, a patent refers to the grantthat individuals receive from the government so that they can utilizetheir invention for a given period (Miller, 2014, p. 161). Afterpeople receive patents, no one can introduce designs that are similarto the first one.
Anindividual who comes up with an artistic production or literary workcan receive a copyright document, which is backed by the CopyrightAct that protects the works (Miller, 2014, p. 164). Nobody can postor distribute another person’s artistic production without theoriginator’s permission since this would be an infringement of thecopyright. Also, any enterprise information that has commercial valueand cannot be under statutory protection is referred to as a tradesecret (Miller, 2014, p. 169).
Businessesthat use symbols that are similar to the trademarks of otherestablishments for marketing purposes would be infringing on theother firm’s rights. The remedy for infringement of a distinctivemarketing symbol is an injunction, where the owner of the trademarkmight recover damages and the wrongfully received profits (Miller,2014, p. 159). An individual with the rights to a patent can sue aninfringer, seek an injunction, or request damages for profits theyhave lost (Miller, 2014, p. 163). Copying one’s inventive ideasmeans that a person has violated another person’s copyright. Suchan individual would be liable for criminal penalties or damages, andthe court might issue fines, a prison sentence, or a permanentinjunction (Miller, 2014, p. 166). The disclosure of an enterprisetrade secret through espionage is a federal crime, and one is alsoaccountable to the rightful party (Miller, 2014, p. 169).
TheFederal CAN-SPAM Act prohibits various spamming activities, includingthe sending of deceptive information through e-mail (Miller, 2014, p.184). The ACPA Act does not allow the registration and use of adomain name that appears similar to a trademark. Further, the DigitalMillennium Copyright Act prevents infringement in digital informationby protecting the owner’s copyrights. The Electronic CommunicationsPrivacy Act prevents the interception of any form of electroniccommunication except through social media (Miller, 2014, p. 187).
Theelements of the consumer privacy bill include transparency,individual control, security, respect for context, accountability,focus collection, and access and accuracy. The Bill indicates thatonline information should be transparent enough for consumers tounderstand the security practices, and their data should also besecure. Besides, the companies that handle data should be accountablefor it considering that consumers have individual control over thedata collected from them (Miller, 2014, p. 190).
Intellectualproperty- Property that is a product of an individual’s creativeprocess.
TheLanham Act- Statute that protects businessesafter they make losses following their rivals’ use of almostsimilar trademarks (Miller, 2014, p. 158).
Injunction-The order that a person receives after violating another party’sbusiness rights that are protected by statutory law.
License-a contract that allows a person to use the intellectual property ofanother individual (Miller, 2014, p. 161).
TheAmerica Invents Act (AIA) – The statute that created a methodicalsystem improving the quality of patents.
Fairuse- the utilization of another party’s copyrighted property forthe appropriate purpose without committing a violation.
Cybersquatting-the use of another party’s trademark in the creation of a domainname.
Onlinedefamation is damaging an individual’s reputation using incorrectstatements (Miller, 2014, p. 188).
HomeworkExercise 4 (HE4)
Thepreponderance of evidence is the measure that a plaintiff applies ina civil case to prove to the court that his allegation is true, whilea criminal proceeding requires evidence beyond a reasonable doubt. Incriminal law, the plaintiff is usually the state following theviolation of a statute, whereas in civil law, an individual presentsthe case (Miller, 2014, p. 195).
Violentcrime is an unlawful act that results in the suffering or death ofanother person such as a robbery. Public order crime refers to anyactivity that is outlawed and against the societal morals such asillegal drug use. Also, property crime occurs when the offender’sintention is gaining economically, and it includes robbery. Organizedcrime is a criminal activity that operates in the business worldillegitimately, and an example is money laundering. White collarcrime also happens in the corporate context with the goal of gainingan advantage, and it includes bribery and embezzlement (Miller, 2014,p. 202).
Ethicsdeals with the level of fairness in a given situation. Businessethics is the standard that defines the right and wrong actions in acorporate setting. Ethics is important when making decisionsregarding the firm since it facilitates the long-term feasibility ofa firm (Miller, 2014, p. 96). When making ethical decisions, acompany should make periodic evaluations, have the right attitude,and set realistic goals.
Thefirst step in Business Process Pragmatism is an inquiry, and itinvolves the creation of relevant ethical principles. The ethicsofficers develop action options at the discussion stage, and thenthey make a consensus decision in the third step. The justificationand evaluation measures are the final stages where the team evaluatesthe consensus solution for ethics.
Crime-The action that occurs when one goes against a statute.
Felony-refers to a crime that is serious, and its punishment is at least oneyear.
Embezzlement-the criminal activity that happens when a person takes over anotherindividual’s property in a fraudulent way.
Probablecause- the likelihood of finding evidence at a particular place.
Duty-basedethics- the behavioral standards of philosophical reasoning.
Corporatesocial responsibility- the accountability that enterprises shouldhave to the society. Stakeholder view- the CSR rationale that firmshave to shareholders (Miller, 2014, p. 104). FCPA Act- a statute thatdoes not allow payments by an American company to foreign governmentofficials.
Miller,R. (2014). BusinessLaw: Text and Cases – The First Course.Boston, MA: Cengage Learning.