Business Law Today Study Set 1

Business

Quiz 5 :

Intellectual Property and Internet Law

Quiz 5 :

Intellectual Property and Internet Law

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Case Analysis Question. Go to Appendix C at the end of this text and examine Case No. 2 [New York Times v. Tasini, 533 U.S. 483, 121 S.Ct. 2381, 150 1..Ed.2d 500 (2001)]. This case has been excerpted there in great detail. Review and then brief the case, making sure that your brief answers the following questions. 1 What was at the center of the dispute between the parties in the case? 2 Which side do you think has the better argument in this case? Why? 3 According to the United States Supreme Court, do publishers that want to put the contents of periodicals into e-databases and onto CD-ROMs or DVDs need to obtain the permission of the writers whose contributions are included? 4 The Copyright Act of 1976 was enacted before the Internet and online databases became widely used. Should the act apply to the uses of copyrighted materials at issue in this case? Explain. 5 When rights such as those in this case become more valuable as a result of new technology, should the law be changed to redistribute the economic benefit of those rights? Why or why not?
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(1)The main centre of this case was the 21 Article which were published by the Jonathan Tasini, Barbara Garson, Sonia Jaffe Robbins and other writers. Between 1990-93, they wrote these articles in which most were written by the Tasini.
(2)At the District Court, Newsday and Time opposed that the suppliers who wrote for their own publications had entered into contracts authorizing facsimile of the Articles in the databases. In this proceeding the Time's arguments on the merit because of its best defend.
(3)Yes , they should have to take permissions of the individual writers and personalised it with concerned author before selling in public. They better have contracts with each other.
(4)Yes , the original works of writer should be fixed in any appreciable medium of expression where they may perceive or reproduce in any form like online database or printed materials.
(5)The law of trade secrets safeguards some business procedures and information that may be or may not be trademarked, patented or copyrighted. The trademark secrets includes, plans, customer lists, research and development etc.

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Video Question. Go to this text's Web site at www.thomsonedu.com/westbustaw/bft and select "Chapter 5." Click on "Video Questions" and view the video titled The Jerk. Then answer the following questions. 1. In the video, Navin (Steve Martin) creates a special handle for Fox's (Bill Macy's) glasses. Can Navin obtain a patent or a copyright protecting his invention? Explain your answer. 2. Suppose. that after Navin legally protects his idea, Fox steals it and decides to develop it for himself, without Navin's permission. Has Fox committed infringement? If so, what kind: trademark, patent, or copyright? 3 .Suppose that after Navin legally protects his idea, he realizes he doesn't have the hinds to mass-produce the special handle. Navin therefore agrees to allow Fox to manufacture the product. Has Navin granted Fox a license? Explain. 4. Assume that Navin is able to manufacture his invention. What might Navin do to ensure that his product is identifiable and can be distinguished from other products on the market?
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What is intellectual property?
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One's original and innovative creation of mind which has commerce value is called Intellectual Property. It is the intellectual work of the individual which has commerce. The term property is attached because intellectual work of individual can be sold, purchased, lease and own. An intellectual property of individual can be
• Research work,
• Discovery,
• Invention and Innovations
• Music,
• Literary work,
• Art,
• Names,
• Design,
• Logos,
• Paintings, films etc.
A few are types of IP's are
1) copyrights,
2) trademarks,
3) patents, and other legal rights.

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Case Problem with Sample Answer. Gateway, Inc., sells computers, computer products, computer peripherals, and computer accessories throughout the world. By 1988, Gateway had begun its first national advertising campaign using black-and-white cows and black-and-white cow spots. By 1991, black-and-white cows and spot had become Gateway's symbol. The next year, Gateway registered a black-and-white cow-spots design in association with computers and computer peripherals as its trademark. Companion Products, Inc. (CPI), sells stuffed animals trademarked as "Stretch Pets." Stretch Pets have an animal's head and an elastic body that can wrap around the edges of computer monitors, computer cases, or televisions. CPI produces sixteen Stretch Pets, including a polar bear, a moose, several clogs, and a penguin. One of CPI's top-selling products is a black-and-white cow that CPI identifies as "Cody Cow," which was first sold in 1999. Gateway filed a suit in a federal district court against CPI, alleging trade dress infringement and related claims. What is "trade dress"? What is the major factor in cases involving trade dress infringement? Does that factor exist in this case? Explain. [Gateway, Inc. v. Companion Products, Inc., 384 F.3d 503 (8th Cir. 2004)]
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A Question of Ethics. Custom Copies, Inc., in III Gainesville, Florida, is a copy shop, reproducing and distributing, for profit, on request, material published and owned by others. One of the copy shop's primary activities is the preparation and sale of course packs, which contain compilations of readings for college courses. For a particular course-pack, a teacher selects the readings and delivers a syllabus to the copy shop, which obtains the materials from a library and copies them, and then binds and sells the copies. Blackwell Publishing, Inc., in Malden, Massachusetts, publishes books and journals in medicine and other fields and owns the copy-rights to these publications. Blackwell and others filed a suit in a federal district court against Custom Copies, alleging copy-right infringement for its "routine and systematic reproduction of materials from plaintiffs' publications, without seeking per-mission," to compile course packs for classes at the University of Florida. The plaintiffs asked the court to issue an injunction and award them damages, as well as the profit from the infringement. The defendant filed a motion to dismiss the com-plaint (Blackwell Publishing, Inc. v. Custom Copies, Inc., _ F.Supp.2d _ (N.D. Fla. 2007)] 1. Custom Copies argued in part that it did not "distribute" the course packs. Does a copy shop violate copyright law if it only copies materials for course packs? Does the copying fall under the "fair use" exception? Should the court grant the defendants' motion? Why or why not? 2. What is the potential impact if copies of a book or journal are created and sold without the permission of, and the payment of royalties or a fee to, the copyright owner? Explain.
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Trademarks. In 1969, Jack Masquelier, a professor of pharmacology, discovered a chemical antioxidant made from the bark of a French pine tree. The substance supposedly assists in nutritional distribution and blood circulation. Horphag Research, Ltd., began to sell the product under the name Pycnogenol, which Horphag registered as a trademark in 1993. Pycnogenol became one of the fifteen best-selling herbal sup-plements in the United States. In 1999, through the Web site healthiedife.com, Larry Garcia began to sell Masquelier's Original OPCs, a supplement derived from grape pits. Claiming that this product was the "true Pycnogenol," Garcia used the mark as a meta tag and a generic term, attributing the results of research on Horphag's product to Masquelier's and altering quotes in scientific literature to substitute the name of Masquelier's product for Horphag's. Customers contacted Horphag, after buying Garcia's product, to learn that it was not Horphag's product. Others called Horphag to ask whether Garcia "was selling... real Pycnogenol." Horphag filed a suit in a federal district court against Garcia, alleging in part that he was diluting Horphag's mark. What is trademark dilution? Did it occur here? Explain. [Horphag Research, Ltd. v. Garcia, 475 F.3d 1029 (9th Cir. 2007)]
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Hypothetical Question with Sample Answer. In which of the following situations would a court likely hold Maruta liable for copyright infringement? 1. At the library, Maruta photocopies ten pages from a scholarly journal relating to a topic on which she is writing a term paper. 2. Maruta makes leather handbags and sells them in her small leather shop. She advertises her handbags as "Vutton handbags," hoping that customers might mistakenly assume that they were made by Vuitton, the well-known maker of high-quality luggage and handbags. 3. Maruta owns a video store. She purchases one copy of several popular movie DVDs from various distributors. Then, using blank DVDs, she bums copies of the movies to rent or sell to her customers. 4 Maruta teaches Latin American history at a small university. She has a videocassette recorder and frequently tapes television programs relating to Latin America. She then takes the videos to her class room so that her students can watch them.
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What are trade secrets, and what laws offer protection for this form of intellectual property?
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What laws protect authors' rights in the works they generate?
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Why are trademarks and patents protected by the law?
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Trade Secrets. Briefing.com offers Internet-based analyses of investment opportunities to investors. Richard Green is the company's president. One of Briefing.com's competitors is StreetAccount, LLC (limited liability company), whose owners include Gregory Jones and Cynthia Dietzmann. Jones worked for Briefing.com for six years until he quit in March 2003, and he was a member of its board of directors until April 2003. Dietzmann worked for Briefing.com for seven years until she quit in March 2003. As Briefing.com employees, Jones and Dietzmann had access to confidential business data. For instance, Dietzmann developed a list of contacts through which Briefing.com obtained market information to display online. When Dietzmann quit, however, she did not return all of the contact information to the company. Briefing.com and Green filed a suit in a federal district court against Jones, Dietzmann, and StreetAccount, alleging that they appropriated these data and other "trade secrets" to form a competing business. What are trade secrets? Why are they protected? Under what circumstances is a party liable at common law for their appropriation? How should these principles apply in this case? [Briefing.com v. Jones, 2006 WY 16, 126 P.3d 928 (2006)]
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The following multiple-choice question is representative of the types of questions available in one of the four sections of ThomsonNOW for Business Low Today. ThomsonNOW also provides feedback for each response option, whether correct or incorred, and refers to the location within the chapter where the correct answer can be found. Trademark dilution laws protect against the a. unauthorized use of a mark by a competitor only. B) unauthorized use of a mark regardless of whether the user is a competitor. C) unauthorized use of a patent. D) authorized use of trade dress, in some cases.
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What steps have been taken to protect intellectual property rights in today's digital age?
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Patent Infringement. As a cattle rancher in Nebraska, Gerald Cohl used handheld searchlights to find and help calving animals (animals giving birth) in harsh blizzard conditions. Cohl thought that it would be more helpful to have a portable searchlight mounted on the outside of a vehicle and remotely controlled. Ile and Al Gephardt developed and patented practical applications of this idea-the Golight and the wireless, remote-controlled Radio Ray, which could rotate 360 degrees-and formed Colight, Inc., to make and market these products. In 1997, Wal-Mart Stores, Inc., began selling a portable, wireless, remote-controlled searchlight that was identical to the Radio Ray except for a stop piece that pre-vented the light from rotating more than 351 degrees. Golight sent Wal-Mart a letter, claiming that its device infringed Golight's patent. Wal-Mart sold its remaining inventory of the devices and stopped tarrying the product. Colight filed a suit in a federal district court against Wal-Mart, alleging patent infringement. How should the court rule? Explain. [Golight, Inc. v. Wal-Mart Stores, Inc., 355 F.3d 1327 (Fed. Cir. 2004)]
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Patent Infringement. John and Andrew Doney invented a hard-bearing device for balancing rotors. Although they obtained a patent for their invention from the U.S. Patent and Trademark Office, it was never used as an automobile wheel balancer. Some time later, Exetron Corp. produced an automobile wheel balancer that used a hard-bearing device with a support plate similar to that of the Doneys' device. Given that the Doneys had not used their device for automobile wheel balancing, does Exetron's use of a similar device infringe on the Doneys' patent? Why or why not? (See page 162.)
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Trademark Infringement. Elvis Presley Enterprises, Inc. (EPE), owns all of the trademarks of the Elvis Presley estate. None of these marks is registered for use in the restaurant business. Barry Capece registered "The Velvet Elvis" as a service mark for a restaurant and tavern with the U.S. Patent and Trademark Office. Capece opened a nightclub called "The Velvet Elvis" With a menu, decor, advertising, and promotional events that evoked Elvis Presley and his music. EPE filed a suit in a federal district court against Capece and others, claiming, among other things, that "'The Velvet Elvis" service mark infringed on EPE'a trademarks. During the trial, witnesses testified that they thought the bar was associated with Elvis Presley. Should Capece be ordered to stop using "The Velvet Elvis" mark? Why or why not? [Elvis Presley Enterprises, Inc. v. Capece, 141 F.3d 188 (5th Cir. 1998)]
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Two computer science majors, Trent and Xavier, have an idea for a new video game, which they propose to call "Hallowed." They form a business and begin developing their idea. Several months later, Trent and Xavier run into a problem with their design and consult with a friend, Brad, who is an expert in creating computer source codes. After the software is completed but before Hallowed is marketed, a video game called Halo 2 is released for both the Xbox and Playstation 3 systems. Halo 2 uses source codes similar to those of Hallowed and imitates Hallowed's overall look and feel, although not all the features are alike. Using the information presented in the chapter, answer the following questions. 1. Would the name Hallowed receive protection as a trademark or as trade dress? 2. If Trent and Xavier had obtained a business process patent on Hallowed, would the release of Halo 2 infringe on their patent? Why or why not? 3. Based only on the facts presented above, could Trent and Xavier sue the makers of Halo 2 for copyright infringement? Why or why not? 4. Suppose that Trent and Xavier discover that Brad took the idea of Hallowed and sold it to the company that produced Halo 2. Which type of intellectual property issue does this raise? DEBATE THIS Congress has amended the Copyright Act several times. Copyright holders now have protection for many decades. Was Congress justified in extending the copyright time periods? Why or why not?
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Critical Legal Thinking. In the United States, patent protection is granted to the first person to invent a given product or process, even though another person may be the first to file for a patent on the same product or process. What are the advantages of this patenting procedure? Can you think of any disadvantages? Explain.
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Trademark Infringement A H Sportswear, Inc., a swimsuit maker, obtained a trademark for its MIRACLESUIT' in 1992. The MIRACLESUIT design makes the wearer appear slim-mer. The MIRACLESUIT was widely advertised and dis-cussed in the media. The MIRACLESUIT was also sold for a brief time in the Victoria's Secret (VS) catalogue; which is published by Victoria's Secret Catalogue, Inc. In 1993, Victoria's Secret Stores, Inc., began selling a cleavage-enhancing bra, which was named THE MIRACLE BRA and for which a trademark was obtained. The next year, THE MIRACLE BRA swimwear debuted in the VS catalogue and stores. A I-1 filed a suit in a federal district court against VS Stores and VS Catalogue, alleging in part that the miracle bra mark, when.-applied to swimsvear, infringed on the miraclesuit mark. A H argued that there was a "possibility of confusion" between the marks. The VS entities contended that the appropriate standard was "likelihood of confusion" and that, in this case, there was no likelihood of confusion. In whose favor will the court rule, and why? [A I-I Sportswear, Inc. v. Victoria's Secret Stores, Inc., 166 F.3d 197 (3d Cir. 1999)]
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Critical Thinking and Writing Assignment for Business. Delta Computers, Inc., makes computer-related products under the brand name "Delta," which the company registers as a trade-mark. Without Delta's permission, E-Product Corp. embeds the Delta mark in E-Product's Web site, in black type on a blue background. This tag causes the E-Product site to be returned at the top of the list of results on a search engine query for "Delta." Does E-Product's use of the Delta mark as a meta tag without Delta's permission constitute trademark infringement? Explain.
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