Redskin Trademark Facts Many sports teams use Indian logos and names as their moniker. One such team is the Washington Redskins. There are many people, both Indians and non-Indians, that say that the use of such logos is wrong and that the word r Continue Reading...
I wonder if Europe is experiencing similar issues with the motivation system for its examiners. They could be pushed into demanding higher quality. However, compared to the drops in the U.S., the drops in Europe are not as staggering. Or the quality Continue Reading...
Intellectual Property RightsQuestion 1Copyright is arguably all about originality, whether one looks at it from a civil law or from a common law perspective. How is that assessment to be reconciled with the fact that the word originality does not app Continue Reading...
Internet's Affect on Copyright, Trademark and Patent Imagine this: you pull into your driveway. The garage door opens and the lights in your house turn on with the push of a button on your cellular phone. As you walk into your living room, your com Continue Reading...
Another option could be fro Bug to use a defense of proximate cause which states that for a negligent act or omission to be a proximate cause of damage, it must be a natural and probable (not just possible) result of a sequence unbroken by any inter Continue Reading...
Rally Round the Trade Name Explain whether or not the fact that Gabby's surname is Rally gives her the right to use it any way she wishes. The mere fact that Gabby's surname is Rally does not give her the right to use the name in any means of her c Continue Reading...
" He believed the umbrella was his own and had no intent to deprive anyone else of property. 4. A reward poster for a lost dog is a unilateral contract. "I will pay you $1,000 for the return of my dog Zorro, in healthy and alive condition." The offe Continue Reading...
Another instance may be where a novel writer retains authorship of the novel but can opt to allow a publisher to hold exclusive rights as to the copyright of the novel. Although copyright law exists to protect an author's right to his or her works, Continue Reading...
This is problematic, because if left unaddressed this can hurt innovation and the ability of companies to create new technology. The reason why, is due to the fact that certain firms are using copyright laws to protect their profit margins and domin Continue Reading...
Further, although whenever one device tries to accomplish more than one "thing," one of those "things" typically suffers; however, innovations in recent years have made these all-in-one approaches competitive with stand-alone units and occupy a conc Continue Reading...
Legal Memoranda Statement of Facts The prospective plaintiff wrote a novel a year ago on her home computer. She then distributed 100 copies to acquaintances and agents, but without a copyright notice attached. Yesterday she discovered a recently pu Continue Reading...
Miron (qtd in Lazarus 2006) calculated that the legalization of marijuana could yield around $2.4 billion annually, if the substance is taxed at the level of most goods. The revenues could rise to $6.2 billion annually, if marijuana is taxed on the Continue Reading...
Copyright Law To promote innovation in developing new technologies, Copyright laws need to be considered and implemented into the innovation plans. Internet Service Providers (ISP) can be held liable for a user committing copyright infringement on t Continue Reading...
Business Law The objective of this work in writing is to examine the case study and to answer the three following questions based on the information provided and the relevant consumer laws governing such defective product purchases. Paul Price is c Continue Reading...
Procurement Law Overview, Part One Solicitation Elements The federal government's basic procurement or acquisition process involves an agency identifying the goods and services it needs also known as the agency's requirements, determining the most Continue Reading...
The grand jury returned a 112-count indictment against Steve Warshak, company president; his mother, Harriet Warshak; general counsel Paul Kellogg; and former employees Charles Clarke Jr., Steven Pugh and Amar Chavan. A company called TCI Media, whi Continue Reading...
Corporations Law Initial Public Offerings (IPOs) are the first time a privately held company sells its stock to the public. When such corporation needs to raise additional capital, it can either take on debt or sell partial ownership. If the corpora Continue Reading...
Cloud Security and Privacy Cloud computing's exponential growth is fueling a corresponding need for greater compliance, governance and regulations to ensure data and knowledge are secured and accessed for intended use. A regulation by definition is Continue Reading...
Management Patents are a source of protection for intellectual property in any industry. The value in a patent is that it allows a company that has developed a product or proprietary technique to enjoy monopoly power over that, thus enabling the com Continue Reading...
This most commonly occurs when the item is purchased from a business in another state and shipped to the user's state (most states do not impose sales taxes on products that are shipped to another state). Zoning Laws Zoning laws, which typically i Continue Reading...
Housing. Though one's medical health is usually not asked for on a lease application, the landlord might very well look it up, using an online service. One might ask why, but it is similar to the employer's reason: not wanting the tenant complaining Continue Reading...
Technology has quickly taken over several key areas of entertainment. From journals to music, everything seems to make the shift towards online and streaming versus hard copy. With emerging technologies and increasing internet usage, debates arose ov Continue Reading...
DNA Technology in Law and Public Policy The technologies of DNA science have revolutionized modern criminal law in every respect, from crime scene processing and case investigation to prosecutorial strategy and post-conviction appeals. The lightning Continue Reading...
Abandoned Software That most people do not "have the facts" about copyrights should surprise nobody. Let's be real here -- copyright law is complex, often vague or nuanced, and there are multiple different copyright regimes. No reasonable person wou Continue Reading...
Captain, Crunch and Associates in Labor Law: I am the office manager for the Italian Brothers restaurant. We are preparing to dismiss a part-time employee and while we do so reluctantly, we do consider it a necessary measure. We thank you for your Continue Reading...
Homeopathic remedies all over the nation have been regulated by the FDA in a manner similar to over-the-counter (OTC) drugs since 1938. Unlike prescription drugs and OTC drugs, which "must undergo thorough testing and review by the FDA for safety a Continue Reading...
Reorg and Tax Returns There are a seven types of reorganizations, and each type has different consequences. The client is considering a Type B reorganization, which is an acquisition. Two of its subsidiaries have been acquired this way. The client i Continue Reading...
This bill was sent to the U.S. Senate and set for vote mirroring a bill previously passed by the House during the Summer of 2003 which failed to pass the Senate because of vehement disagreement that was even "within the parties over the prohibition Continue Reading...
Trial by Jury One of the most controversial issues today in the area of criminal justice is that of the right of all defendants to a trial by jury their peers. While most arguments are for or against this right, careful consideration of specific iss Continue Reading...
Also an excellent resource for court jurisdiction information. Henry, Matthew and Turner, John L., "The Court of Appeals for the Federal Circuit's Impact on Patent Litigation." American Law Review. Vol. 55, 1. February 2005. Pp. 332-342. This out Continue Reading...
Other measures could be to freeze the doctor's assets which would effectively stop all research due to lack of funding. Other actions could include working with those foreign countries to establish, create and enforce laws that would make it illega Continue Reading...
Legal Ethics • Are there situations in which a company, for the common good, must give up the economic advantage accorded by intellectual property laws? During a crisis situation, the common good can trump an intellectual property law. The thr Continue Reading...
There have been several arguments with reference to the social impact of the Intellectual Property, and it has been observed that the Intellectual property law has been responsible for the promotion of the competitive forces in such a manner that 'a Continue Reading...
Intellectual Property and Corporate Espionage Corporate espionage is an illegal activity though it is on rise in industrial settings. Organizations consider it as one of the techniques to increase their market share and beat the competitor. Various Continue Reading...
In light of the three different appellate courts decisions, the U.S. Supreme Court elected to hear the case against President Obama's healthcare legislation. While the most recent decision found in favor of the constitutionality of the law, "the Sup Continue Reading...
Trial by Jury -- a right that must be upheld, in part One of the most controversial issues today in the area of criminal justice is that of the right of all defendants to a trial by jury of his or her peers. Often, as seen in the pairing of the essa Continue Reading...
Intellectual property can be a difficult concept to define because, at its heart, it describes property rights to intangible things, such as creations of the mind. Because this involves concepts rather than physical property, for years the courts and Continue Reading...
accession to the World Trade Organization in 2001, China's laws regarding intellectual property rights were largely weak and ineffective, even though there were some laws on the books that were designed to protect these rights. Much of this ineffect Continue Reading...
The very nature of the copyrighted material is also taken into account when determining 'fair use', and the amount of the copyrighted material being used in relation to the entire original work will also be considered. Another important aspect is t Continue Reading...
