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?