Wednesday, September 15, 2010

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."

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