EOC Week11 Forced Choice

http://studio504architects.blogspot.com/
Great job, well structured, only trouble finding your quotes due to non- highlighting…
http://exquisiteinteriors.blogspot.com/
Good job, I liked reading your blog…
http://graphicdiamond.blogspot.com/
Nice job, interesting read.

http://kristinealberto.blogspot.com/
I thought Kristine’s blogs were concise and her lawyer jokes were funny, the blogs ran a little short though.
http://katherinecalesinganimation.blogspot.com/
Katherine missing classes is understandable, but I had trouble following your blogs
http://voiceweek1.blogspot.com/
I liked your blogs, but they were short and incomplete.
http://gnosisindustries.blogspot.com/
Interesting blog but, I had trouble finding your quotes due to non- highlighting
http://crissmanj.blogspot.com/
Incomplete blogs and typo’s maybe a little more effort rat’s blog…
http://joannefernandez.blogspot.com/
Nice job, had trouble finding your quotes due to non-highlighting.
http://rtypemedia.blogspot.com/
Good job, well put together, but missing a blog or two and had trouble finding your quotes due to non- highlighting.
http://calf-boutique.blogspot.com/
Dang that’s a good blog!
http://rebekahklatsky.blogspot.com/
Missing a lot of work…
http://psyphergames.blogspot.com/
Good job put together well…
http://exquisiteinteriors.blogspot.com/
Good job, I liked reading your blog…

http://crimsonfists711.blogspot.com/
I had trouble pulling up Stephen’s blog

EOC Week 11 Final Evaluation

I feel that I deserve an A in the Patents and Copyrights course, I have completed all the assignments on time participated during the class quarter, and volunteered if needed. All of my blogs are completed as requested and of proper three hundred word text. I have attended every class this quarter therefore continuing my perfect attendance since I began at The Art Institute last year. I feel that I have followed directions to the best of my ability in this course. I have learned a lot in this course and plan to take the information I have instilled from this course and use it in my future business endeavors. I have put forth my best in this course and done everything asked of me. In the effort that I am a slow typist I managed to complete all the assignments relatively on time. I think that the patents and copyrights class is a must to take if you plan on being a business owner. It is important to know the ins and outs of the patents and copyrights laws as a creative person, I believe that it was of great help to me a future business owner with that being said I think I deserve an A because I have completed all the assignments, have not missed a class, completed all my blogs, completed all my tweets and have participated in the class course. I enjoyed the course and learned a lot about patents a copyrights law.

EOC Week 10 Robert Kearns

The film I viewed today was titled "Flash of Genius", a film about a man who invented the intermediate wiper blade. After twenty years of litigation with the Ford Company for steeling his idea. Kearns risked losing his family, suffered a nervous breakdown and lost twenty years of his life. The film apparently did not portray the real Robert Kearns as he really was, a real jerk willing to risk everything for his personal satisfaction.

Your own argument and opinions. Did you agree or disagree with the rulings. Provide some authority for your argument such as quotes from the book.

My opinion on the intellectual property law is that it is an excellent resource for the creative person to protect their creations, however with most creations it is allowed to make similarities (palming off)"A person engages in palming off when he or she intentionally causes one product or service to be confused with another for commercial gain." to ones creations which I disagree with. I think that similarities of others creations can be confusing to consumers, take for instance product similarities like CVS with brand name products. The similarities are significant, I purchased a face cleanser assuming it was a brand name due to the color and shape only to get to the checkout counter to see that it was actually the drugstore brand, it was pretty confusing to say the least. All I can say is that I was relieved that I did not get all the way home before noticing the mishap. I think in specific situations as these that product similarities should not be placed next to each other or for that matter look alike. I would imagine that big companies such as CVS should be able to sell their own brands without looking like another name brand product. Moving on to knockoff merchandise" Deliberately infringing a mark belonging to another" I am glad they are illegal. Knockoff merchandise is a ridiculously large business"counterfeiting is an act of making or selling lookalike goods or services bearing fake trademarks." I mean it must cost millions of dollars to purchase the knockoff emblems, fabric and hardware. "Economic espionage intending or knowing that the offense will benifit any foreign government knowingly."Not to mention the labor and shipping just to make fake products in patents and copyrights class I viewed a film titled Illicit it was about knockoff products anything from pills to car brakes now thats scary!" In general whoever receives,buys or possesses atrade secret, knowing the same to have been stolen, copied, duplicated, replicated, obtained or converted without permission is commiting economic espionage." "The remedies for counterfeit products can also trigger liability as a counterfeiter."

Rule of law -- a concise summary of the main precedent established. Support with quotes form the book

Intellectual property law is the main precedent in my blog. Being that I am a future business owner it is important to follow this rule of law. “Intellectual property laws don’t prevent someone from stepping on the owner’s rights. But the laws do give an owner the ammunition to take a trespasser to court.” I plan to have design patents for the fashions I create. “A design patent lasts fourteen years after the date the patent issues.” I also plan on having my designs copyrighted. “Copyrights are granted for original creative expressions produced by authors, composers, artists, designers, programmers and similar creative individuals.” As well as having my work trademarked. “Trademark law protects the rights of businesses who use distinctive names, designs, logos, slogans or other signifiers to identify and distinguish their products and services.” So just opening a fashion boutique consists of a lot of work and knowledge of the fashion industry and intellectual property law which it will be wise on my part to have an attorney on retainer. To insure that no one can steal, duplicate, or infringe on my creations and also make certain that I am prepared for any unfortunate situations.

Reasoning of the Law -- analysis of the thinking process and logic used by your lawyer

The interview with Counselor Erin Barnett was educational, the ten questions I asked her involved intellectual property law. As a soon to be business owner of a fashion boutique it was necessary to ask the proper questions that pertained to my field. The bulk of my questions to Erin were about working for a company for which I had created fashion patterns or designs. Being that generally when starting employment with such creative companies you are required to sign a nondisclosure agreement. “A nondisclosure agreement is a legally binding contract in which a person or business promises to treat specific information as a trade secret and not to disclose the information to others without proper authorization.” Even if the party who created the design or pattern is terminated from the position the company still owns the rights to the design or pattern, and has the legal right to sell the product. So I asked Erin if I create a fashion design and displayed it at a tradeshow, and someone took that design and sold it as their own what would the chances of suing that party and recovering my design be? Erin responded that technically the design was copyrighted at the point of creation, so I definitely can sue and the chances of recovering my design depended on how much of the product was sold, however you can only stop the production of the design not really recover the designs that were already sold. In the event someone infringes (violates) the exclusive rights of a copyright owner, the owner is entitled to sue in federal court and ask the court to issue orders( restraining orders, injunctions) to prevent further violations, award money for damages if appropriate and award attorneys fees.

BOC Week 10 Lawyer Jokes

1.The devil visited a lawyer's office and made him an offer. "I can arrange some things for you, " the devil said. "I'll increase your income five-fold. Your partners will love you; your clients will respect you; you'll have four months of vacation each year and live to be a hundred. All I require in return is that your wife's soul, your children's souls, and their children's souls rot in hell for eternity."

The lawyer thought for a moment. "What's the catch?" he asked.
http://www.ahajokes.com/law051.html

2.A lawyer's dog, running around town unleashed, heads for a butcher shop and steals a roast. The butcher goes to the lawyer's office and asks, "if a dog running unleashed steals a piece of meat from my store, do I have a right to demand payment for the meat from the dog's owner?" The lawyer answers, "Absolutely."

"Then you owe me $8.50. Your dog was loose and stole a roast from me today."

The lawyer, without a word, writes the butcher a check for $8.50. The butcher, having a feeling of satisfaction, leaves.

Three days later, the butcher finds a bill from the lawyer: $100 due for a consultation.
http://www.ahajokes.com/law051.html

3.Q: What do you call a lawyer gone bad?
A: Senator.
http://www.swapmeetdave.com/Humor/Lawyer.html

4.How does an attorney sleep?
First he lies on one side, and then on the other.
http://brainden.com/lawyer-jokes.html

The Questions: Explain why these are of interest to you. What specific concepts and terms were involved – in other words, what are the legal issues?

Student Name C.J. Jones
Class BUS250H Contracts, Negotiations and Copyrights
Lawyer’s Name: Erin Barnett
District or Firm’s Name: Marquis & Aurbach

Problems in fashion that concern me:


1.If I worked for a company and created a design pattern, who owns that design pattern? "Under a trade secret license, ownership of the trade secret remains with the original owner."
2.What are your rights when a company you were fired from takes your ideas off of the company computer and sells them? " Normally in order for someone to reproduce, perform, or distribute a copyrighted work, permissison must be obtained from the copyright owner. However, in a few circumstances a copyright owner's permission is not required."
3.If I create a design pattern for a company that I work for, can I sell that design pattern as my own?"One common type of license provides the owner with a royalty based on a percentage of the retail or wholesale price of each item sold that takes advantage of the trade secret."
4.If I sell a product on eBay and the buyer that purchased my product switched good parts for bad parts then claimed that the item I sent them was DOA or NON FUNCTIONAL, what can happen to the buyer if they are caught or I have proof that the parts were swapped?
5.If someone stole my idea and I have all the digital media to prove it was my work, is this a possible case in court? Can I sue the company my stolen work was sold to?
6.If a company fired you in order to sell your ideas, is that unlawful termination?
7.If I create a fashion design and displayed it at a trade show, and someone took that design and sold it as their own, can I sue that party and what are my chances of recovering my design? "A lawsuit brought against someone who uses a copyrighted expression without permission is commonly known as infringement action."
8.If I am fired from a company that I created a design for can I take that design with me?
9.Can packaging look exactly the same as other products on a retail shelf (ex. Medicine products Color, Shape, Look). **EXCLUDES the name.
10.Can you sue a company that advertises a commercial which sells a product that has a disclaimer at the bottom but don’t give you enough time to read the disclaimer and it ends up affecting your life or puts you in burden? "unenforceable patent-the patent claims are vague and indefinite of falsely marketing an invention."

Legal Authority: How I made contact, found this person and why they are a good choice.

The Law Firm I chose to interview was Marquis& Aurbach Attorneys at Law. I just walked in to an attorney’s office that was near my residence, after all the phone calls and walk-ins to other firms that gave me the run around the best attorney’s office for my needs was right around the corner. The counselor I spoke with was Erin Barnett, Erin specializes in Intellectual Property Law"Intellectual Property laws, along with court decisions and regulations, establish rules for the following activities: selling,licensing of intellectual property,resolving disputes between companies making or selling similar intellectual property." which is why I chose this firm I asked Erin a series of ten questions referring to the fashion industry. Erin was more than happy to oblige my needs as a student and as a future client after my graduation. I look forward to working with the Marquis & Aurbach in the future they were knowledgeable and friendly, yet assertive and very professional. I felt like I was in good hands. With the experience I encountered with several of the other firms I contacted with their unprofessional tendencies of cancelling appointments and not returning calls. I must say I was pleasantly surprised that Marquis & Aurbach spoke to me right away as a walk-in put me in a conference room asked me about what kind of business law was I interested in to my surprise they knew exactly what I needed with just a couple of questions. They also asked if I would like a beverage or pastry while I waited to interview with one of the firms’ colleagues that specialized in the field that best suited my needs. When I open my Boutique I will definitely be having the Marquis & Aurbach firm on retainer, as I learned during my interview it is much cheaper to keep an attorney on retainer"patent attorneys are required to have a technical higher education degree as well as a legal background and must pass a USPTO examination in order to obtain their license." than it is to run into some trouble and not have an attorney that you already have a relationship with. "Patent attorneys must be licensed to practice law and also be licensed by the U.S. Patent and Trademark Office."

EOC Week 9

The film that I viewed in class today was very intriguing to say the least, even the small portion that was viewed. The film was titled The First Monday in October and it was about the first woman entering the Supreme Court. My thoughts on the film were the men were very sexist and had a very different time taking her in. It seemed as if they wanted her out and had no trouble letting her know that, by stating phrases like, “we men must stick together”. There was a specific case where the issue of pornography was able to sell in stores or not be sold. I personally believe in the first amendment everyone has the right of freedom of speech and/or the right to create “art”. Whether or not other people agree with one person’s beliefs, the public does not have to look at or purchase the products. Granted the public has the right to petition the products not to be sold in their specific areas, but the producer of the products does have the right to offer them to the public. Who has the right to say that someone else should not look at or purchase certain products? What one person may like another may not, but everyone has the right to look at or purchase what they want. That happens to be one of (and I say this loosely) the great things about the United States “freedom of speech”. Americans have the right to look at or purchase what they want. Other countries that do not have that right must be very difficult to live in. Americans have grown accustomed to viewing and purchasing what they want, I cannot imagine having that right taken away or any other rights Americans have for that matter.

EOC Week 8 Legal Questions

1. If I worked for a company and created a design pattern, who owns that design pattern?
2. What are your rights when a company you were fired from takes your ideas off of the company computer and sells them?
3. If I create a design pattern for a company that I work for ,can I sell that design pattern as my own?
4. If I sell a product on eBay and the buyer who purchased my product switched good parts for bad parts then claimed that the item I sent them was DOA or NON FUNCTIONAL, what can happen to the buyer if they are caught or I have proof that the parts were swapped?
5. If someone stole my idea and I have all the digital media to prove it was my work, is this a possible case in court? Can I sue the company my stolen work was sold to?
6. If a company fired you in order to sell your ideas, is that unlawful termination?
7. If I create a fashion design and displayed it at a trade show, and someone took that design and sold it as their own, can I sue that party and what are my chances of recovering my design?
8. If I am fired from a company that I created a design for can I take that design with me?
9. Can packaging look exactly the same as other products on a retail shelf (ex. Medicine products Color, Shape, Look). **EXCLUDES the name.
10. Can you sue a company that advertises a commercial which sells a product that has a disclaimer at the bottom but don’t give you enough time to read the disclaimer and it ends up affecting your life or puts you in burden?

EOC Week 7 What Legal Issues Concern You Most?

The legal issues that concern me the most are that drug dealers serve more time than someone that commits murder, by no means do I condone either act of law breaking but I find that drug dealers serve more time for a crime that is committed by both parties. A drug dealer simply provides a service to a patron that is looking for a product they are committing a crime and doing harm to themselves. A murderer commits a crime and does harm to others but can get a charge knocked down to manslaughter and serve a much shorter time than a person that is providing a service and not really hurting another human being. True drug dealers are a cancer in our communities, but not physically harming another person. However a murderer can commit the crime of killing another human being and receive a shorter sentence. For that matter why does it matter what kind of drugs a person intends to sell? Some drugs raise a person more time than other drugs. Powdered Cocaine has a lesser sentence than Crack-Cocaine; Ecstasy has a higher sentence than other pills. Why is that? I feel that any drug with the intent to distribute should have the same sentence. But for some reason you cannot bargain down a sentence to distribute drugs, but you can bargain down a murder sentence this is a major discrepancy in the legal system and it is my understanding that the law is in the process of being changed so that powdered cocaine and crack cocaine carry the same sentences which I do not know why the sentences would be separated in the first place, I guess it is due to people with more money purchased powdered cocaine and people with less money purchased crack cocaine. Maybe it’s all a money game.

EOC Week 6 Illicit? What do you think?

Wow! That was an explicit documentary of what is going on in the world with fake or knock-off products. I had no idea the detail in which the world is operating in fake goods. The fact that the government has their hands in it is of no surprise, the government is dirty no matter what continent they are on. I was however shocked to learn of the human trafficking that is going on, it is devastating to know just how lucrative that business is. I had no idea that slavery was that bad. People having to do those things in order to survive or feed their family. It was shocking and sad. The pharmaceutical business was also shocking I knew there were fake pills, but I was not aware of the ingredients that were used to make the pills acid, and paint with no concern of the deadly results of the people taking the drugs. But then again no one should buy any drugs online. If you need any kind of pills get them from a doctor Geez people! As far as the fake or knockoff handbags, I knew it was big business but I didn’t know it was that big with factories and the expense of the tools needed to make the knockoff products. Where do they get these tools and who makes them? How are you able to open a factory making illegal products? I guess the mafia has a hand in that. Boy do we live in a corrupt world, is there anywhere to live that is peaceful with no crime or poverty? I just cannot believe all the corruption in the world and it seems as though it is not going away anytime soon. It is shocking to know how easy it is to clean up dirty money. The documentary was an eye opener.

EOC Week 4 10 of the most meaningful patent terms

1. USPTO
2. Certificate of Correction
3. Contributory Infringement of Patent
4. Cross- Licensing
5. Date of Invention
6. Maintenance Fees
7. March-in Rights
8. Multiple Claims
9. Office Action
10.Patent Deed

EOC Week 3: Jeopardy

Building the Jeopardy game is a lot more difficult than it may seem, especially since a lot of the definitions have the answers in the questions. So you are having to reword a lot of the questions, this is not fun and it is a lot of work. So there goes my weekend I will be working on the Jeopardy game and studying the copyrights book. But how else will one learn, so you must do what you must do. Once I get the hang of it all it may not be so bad, and it could actually turn out to be fun. I will remain positive and look at this experience as a learning tool for the future. It is definitely challenging and a good way to learn the definitions for this class and the future of owning a business. Here are two examples of the Jeopardy game: Question 1: Federal (Blanks) generally prohibit businesses from engaging in monopolistic activities, that is to engage in practices purposely designed to give the business dominant control over a particular market segment. Answer: Antitrust Law. Question 2: The (Blank) serves as a cover letter for the application. It describes what is being filed,, the names of inventors , the number of pages, the fee and other information used by the USPTO to categorize the filing. Answer: Transmittal Form. As you can see creating this Jeopardy game is quite challenging just like the actual Jeopardy game was. I guess the major difference between the two are that for the actual Jeopardy game they have to study for years and years and hope to get a spot on the show. As a pose to this all we had to do was read the chapters in the book and get those down, to make sure that we know what we are talking about.

EOC WEEK 2: What Do You Think Of Lawyers?

My experience with attorneys has been so, so. I once had a medical case that went on for more than a year and to say the least went very badly. One of the attorneys was previously married to the person that we were suing. Is that a conflict of interest? I certainly believe it was it certainly had an effect on my case. After a long and tedious journey with the case it turned out to be one big waste of time and a very disappointing settlement, not to mention the firm took thirty three percent on top of the ridiculous settlement. That would be the last time I hire an “ambulance chaser”. In that experience alone I am completely turned off the lawyers and am very skeptical about their intentions. Lawyers seem to be money hungry. I’m sure there are some attorneys that are honest and hard working, but I would say it’s finding a needle in a hay stack. Too bad lawyers get a bad rap, but these opinions did not just fall out of the sky their reputation perceives them. Attorneys are a lot like doctors, they are just in it for the money, (in my opinion) that is. Whatever happened to doing what you love, not just having a career for the large paycheck. Hey, I say attorneys can make a comeback for the better if the next generation truly has a love of the law and generally want to help the public, because they have a passion for the law not because they can make a big paycheck. By the way; take heed and research your attorney before you hire them “ambulance chaser’s are a no go, take it from me I speak from personal experience. If I never see another lawyer it will be too soon…

EOC Week 1 About Me

As a Fashion Retail Management student, I am excited to learn and prefect my craft as a shoe designer. In the upcoming years my goal is to design fabulous shoes for the fashionable and sexy woman. As I prepare myself for the fashion world I intend to envelop all the knowledge possible about the exciting billion dollar business, hoping to take a chunk of the goods and make a dramatic mark on the fashion world. After I graduate college I plan to open a successful boutique in either Las Vegas or Los Angeles. Moving to Las Vegas and choosing The Art Institute has been an awarding and knowledgeable experience thus far; I look forward to furthering my education and becoming a fierce shoe designer. Designing shoes is my true passion; I have a true substance abuse problem (expensive footwear!) Which made for me thinking; hey I should design my own footwear and sell the heck out of them… So putting myself through college to make certain that I have a successful business was one of the smartest decisions I have made. Doing what you love for a living is truly a blessing and I look forward to doing just that in the future. I think everyone should shoot for their goals and do what they love; it’s the only way to live life.