Description
LORI BAGGOT
FROM THE PROFESSOR…WEEK 5 – GOOD MORNING!
Good Morning, Graduate Students: ?Welcome to Week 5! ?For this week, we are discussing Intellectual Property law and rights. ?You will need to find a recent case of an IP dispute ? see the Strayer Library and our legal database for a good example. ?Be sure to explain the facts and demonstrate your understanding of the court decision and the IP dispute per the law. ?Also, try to find a case no one has posted yet. ?You will see my case example this afternoon in the thread.
What a great discussion last week on contract law and breach of contract. ?Remember that a contract must be valid and that is where your analysis of whether enforcement is warranted starts. ?The required elements must be found and, we look for intent, language, definitiveness and actions by the parties to show validity of the elements. ?Remember to protect yourself within the “four corners of the contract” and this includes any remedies you seek if the other party breaches.
Our Assignment 2 – Scenario writing assignment is due next Monday by noon. ?Be sure to have a good understanding of contract law and product liability law as we head into this week so you do well on the paper. ?Let me know if you have questions.
See a great example of trademark and/or copyright infringement below. ?If you are ever in any old book stores, look for this book and cover on the right. ?It will probably be worth a lot of money one day!
Jack Daniels Classy Book Cover – Cease-and-Desist Letter
Patrick Wensink’s book, ?Broken Piano for President,? has a familiar-looking cover. So familiar, in fact, that Jack Daniel’s attorneys sent his publisher a cease-and-desist letter, asking him to change it. They wrote:
“We are certainly flattered by your affection for the brand, because you are both a Louisville “neighbor” and a fan of the brand, we simply request that you change the cover design when the book is re-printed. ?If you would be willing to change the design sooner than that… we would be willing to contribute a reasonable amount towards the costs of doing so.”
The attorney for Jack Daniel’s signed off with “We wish you continued success with your writing.” ??Wensink told reporter, Jim Romenesko, ?We have decided to change the cover art. ?That baby’s going to be a collector’s item!”
http://www.huffingtonpost.com/2012/07/23/jack-daniels-book-cover_n_1696453.html
WHISKEY LABEL ?????????????????????????????????BOOK COVER
Part one
Discuss the following:
Identify and explain the forms of intellectual intangible property protection, how long they last and what remedies one can seek for an infringement of one’s intellectual property pursuant to the chapter reading write a minimum of 3 paragraphs
Research using NEXIS-Uni Legal Database link below and provide one case example of a business lawsuit dispute involving intellectual property within the last two years. ?Summarize the facts, the law in dispute and the outcome decided by the court. ?Did you agree with the decision, why or why not? ??NEXIS-Uni Legal Database link:
https://libdatab.strayer.edu/login?url=https://www.nexisuni.com
Please reply to both student post minimum due paragraph for eachJomaxim Jolo ?and Laterika Anderson post
- LaTerika Anderson
- Jomaxim Jolo
RE: Week 5 Discussion
- Intellectual property is a diverse and vast description of intangible assets owned and legally protected by a company or individuals from outside use to implement without consent. ??In this case, the concept of this kind of property is based on the fact that it should be accorded protective rights that are applied to physical property. It’s protected by a third party that ensures that trademarks, copyright, and internal laws do not over rule the existing external law. Nevertheless, it has legal protection, which is subject to stipulated expiration and the grace period duration storage. In most cases, intellectual property can last up to 70 years after death has taken place. Infringement, in this case, can be determined in various scopes, such as the civil remedy criminal and administrative remedy (Heim & Chorush, 2022). Remedies include injections, monitory damage, and attorney fees. Importantly, these processes have been fully backed by the integration of advanced technology and use application software as a data storage tool.
- In a contextual framework, there was a case between ? Heim, Payne & Chorus Lawyers Win Significant Victory in Patent Dispute with Volkswagen” in a contextual framework. In the petition raised, America was to invalidate patented technology that Arigna Technology Limited legally owned. This was a unique case where the patent owner was in a challenge that focused on the PTAB’s evolving definition of what constitutes a “real party in interest” in an inter parties review (IPR) petition. In response to this case, the judge outlined that Heim, Payne & Chorus lawyers could have included the Conti Temic Microelectronic GmbH as an interested party of the sensor modules at the heart of the infringement claim. In summary, the case was because Conti had previously challenged the patent’s validity in federal court (Willly, 2021). I agree with the court that an interesting part has a critical role in seeking justice. Consequently, the dismissal of the case was within the threshold of the law.
- References
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Heim, & Chorush, P. &. (2022, January 25). Heim, Payne & Chorus lawyers win significant victories in a patent dispute with Volkswagen. PR Newswire: press release distribution, targeting, monitoring, and marketing.
https://www.prnewswire.com/news-releases/heim-payne–chorush-lawyers-win-significant-victory-in-patent-dispute-with-volkswagen-301467817.html
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Weblord |. (2020, November 18). Key forms of intellectual property protection. U.S. Embassy & Consulates in the United Kingdom.
https://uk.usembassy.gov/key-forms-of-intellectual-property-protection/
Willly. (2021). Intellectual property. Investopedia.
https://www.investopedia.com/terms/i/intellectualproperty.asp
RE: Week 5 Discussion
The forms of intellectual intangible property protection that are protected by laws are inventions, symbols, literary and artistic works, images, names designs used in commerce original expressions, trade secrets, copyrights, trade dress, trademarks.
Because these intellectual intangible properties are owned by the specific individuals/firms, they are protected by federal laws, international treaties, and common law rights.
By law these rights last for 70 years, but patent rights usually last for 17 years by US laws, but the US chose to be on path with some international organizations thereby extending the lifespan for utility patent to 20 years. Though other patent right carries a 15-year lifespan.
According to our text, remedies available to intellectual Property right holders are monetary damages and injunction for any proven violation by a court.
United Access Techs., LLC v. Verizon Internet Servs., 2021 U.S. Dist. LEXIS 60149
Fact:
The Inline connection Corporation filed a suit against Verizon Internet Services Inc, and other Verizon entities alleging infringement of four U.S patents. Also, Broadband Technology Innovations, LLC (f/k/a Mercury Communications I, LLC) (“BBTI”) and Pie Squared LLC (“Pie Squared”) filed suit against some of the same Verizon parties on May 3, 2006, alleging infringement of the same four patents and an additional patent. Few months later various Verizon Defendants moved to dismiss the case for lack of subject matter jurisdiction.
Order
Consistent with and for the reasons stated in the memorandum Opinion issued, the judge ordered the defendants? renewed motions for summary judgment dismissing this action for lack of subject matter jurisdiction (D.I. 203) is GRANTED.
IT IS FURTHER ORDERED that, no later than April 2, 2021 each party shall file redacted versions of any briefs for which they have not yet filed redacted versions, including Defendants’ opening and reply briefs supporting the motion for summary judgment. (See D.I. 204, 205, 208)
I think the decision of the court was right because the plaintiff was suing for the use of their patent, which Eastern District of Virginia ruled ordering that compensation should be made 40% and 60% amongst parties, the Inline Connection Corporation and Goodman, and Mercury who entered into a new agreement with Verizon when the law suit was first filed against Verizon 2005.
Unsatisfied with the decision, Inline Connection Corporation filed another suit on March 26 2021 with the United States District Court for the District of Daleware which rendered the decision mentioned supra based on the Memorandum of Opinion.
Resources:
Business Intellectual Property
Click the link above to get started with the weekly discussion. If you need help completing discussions, please watch this
video
for more information.
Readings
In your Business: Its Legal, Ethical, and Global Environmenttext, read the following:
Chapter 15.
Multimedia
After reading Chapter 15, watch these videos to learn all about the four types of intellectual property.
Intellectual Property: Understanding Patent, Copyright, and Trademark
.
How can someone turn their idea into their intellectual property? This animated video explains the difference between an idea and intellectual property and the process of going from one to the other.
Time: 1:36.
This video explains how intellectual property relates to individual people. It also explores the different kinds of intellectual property.
Time: 5:51.
Understanding The 4 Types of Intellectual Property
.
In this video, Mary Juetten explains the four different types of intellectual property.
- Time: 6:44.
Introduction to Intellectual Property: Crash Course
.
In this video, Stan Muller gives an overview of intellectual property. Specifically, Muller discusses three aspects of intellectual property: copyright, patents, and trademarks.
Time: 10:09.
- Part two
Business Management Liability Scenario
Rubric:
Determine if verbal assurances can become part of a contract and provide rationale for your response.
Evaluate the potential product liability case against Ferrari for design defect, manufacturing defect, or failure-to-warn defect.
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Evaluate the potential claim for injuries, pain and suffering, and/or worker’s compensation, and provide a rationale for your response.
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Cite two references.
- Widget’s, Inc., a fictional company, has a flourishing lawncare business. The business has two full-time employees who have been with the company for five years. All employees are trained on using the lawn equipment and have signed a waiver-of-liability contract limiting liability for the company. The owner, Brian, told his employees not to worry?that the company would protect them if they got hurt.
One employee, Lori, was on the job cutting a lawn. Lori was riding a mower, a Ferrari 2000, which was three years old and in good working condition. The step-up on the mower had writing on it with a warning sticker to replace the sandpaper liner for traction every three due to normal wear and tear. It was replaced every three years. Lori stepped down off the rider, slipped because of moisture from the grass, and severed her pinky toe on the mower blade.
When she fell to the ground, the mower continued through the grass and proceeded by itself to cut and mulch a neighbor’s prize roses. Peta, the neighbor, was preparing for a rose competition with a potential grand prize of $10,000.
Write a 1?2 page paper answering the questions below. Remember to identify and explain the law and then justify your answers to the questions pursuant to the scenario:
- Pursuant to contract law, is the waiver of liability legal and do Brian?s verbal assurances become part of the contract? Why or why not?
- Does Peta have a product liability case against the mower manufacturer Ferrari for a design defect, manufacturing defect, or failure-to-warn defect?
- Does Lori have a claim for her injuries and can she recover pain and suffering damages or worker?s compensation?
