Friday, September 17, 2010

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.

No comments:

Post a Comment