The Problems Of Intellectual Property Rights

The Problems Of Intellectual Property Rights
Professor Zili Yang
Econ314
11.26.2014
Hyunsup Yoon
The problems of Intellectual Property Rights In China
Abstract After Deng Xiaoping's reform and opening up policy in 1978, China recorded an annual average growth rate of 9.67 percent in China. This is
approximately three times higher than the average annual growth rate of global economy which is 3.3% within the same period. Past 29 years, due to
rapid growth rate, China ranked the 2nd in trade volume and size of economy. However, many side effects are appeared due to the rapid economic
growth. This study will measure what is the current state of the world's counterfeit goods market, why people violate the IPR protection and produce
counterfeit goods, what is the problem of IPR law enforcements and how violating law and producing counterfeit goods in China influence the world.
Introduction Both economically and socially, influence of China is substantial. Economic and social status of China is firm that it can not be
oversighted. However, intellectual property rights have been rising issues in China. First step to solve the problem is realize there is one. It is critical
to recognize which elements are violating IPR. Basic systematic error of IPR and counterfeit culture in China are main factors for the obstacles.
Current state of the world's counterfeit goods market
"Carratu International estimates that the global counterfeit market, which already accounts for 9% of world trade, will double in size over the next
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The Apple Vs. Samsung War
The Apple vs. Samsung War
This paper will give us an overview of the patent infringement war between the world's two biggest smartphone makers – Apple Inc. and Samsung. For
the last three years, these two technology giants have clashed on a scale unheard of in the history of the business world, their licit war costing more
than a billion dollars and spanning four continents. For the purpose of this paper, I will go back to where the Apple vs. Samsung saga began, back in
April 2011. The main objective of this paper is to analyze the different types of intellectual property infringements that had been claimed by Apple Inc.
against Samsung Electronics Co.
About the Companies Apple Inc., an American multinational corporation was founded by... Show more content on Helpwriting.net ...
Apple claimed that there were four types of infringements to its protectable intellectual property –
1. Some Trade dress infringements on the look and packaging of the iPhone and iPads – Trade dress is a product's physical appearance (size, shape,
design, color and feel). It also includes the way it has been packaged or wrapped, presented, promoted or advertised. Trade dress infringement is
basically making the trade dress of two businesses sufficiently similar, confusing consumers about what they are buying. To establish a claim for trade
dress a business must prove the uniqueness of its product's appearance.
2. Several Trademark infringements on the iOS system app icons – A trademark is a name, design or symbol or even a combination of the three used to
identify and distinguish one manufacturer's or seller's goods from the others'.
It can be registered with the state or the federal government which protects the owner from infringement or copying. When a trademark is used by
another person or organization either substantially or entirely, it gives the owner the right to cause of action against the infringer. In order to succeed in
a trademark infringement action, the owner must show that the use of the mark created confusion about the origin of the defendant's product. If the
owner successfully proves infringement, the usual course of action in such

Legal Research Of A Small Business With Roberto
Legal Research paper
1/ For starting a small business with Roberto, I strongly believe our business organization will be following to Limited Liability company, LLC,
which can be advantageous for providing protection to partners and investors. Both of us have equal rights to manage and have agency to contract
for the company. Because of having the first small business together, our business organization do not allow for public offerings and stock sales that
we can be easy to control. Also, we have to find one of the best farm for giving the milk, egg, and others organic supplies to make our products which
means we need to sign a contract with them for every month.
2/ In my opinion, if we want to start this business, based on Georgia law, we would involve and be sued in trademark infringement law by using the
name and logo of another company. The trademark infringement is the using of another's mark without authorization or permission of the
trademark owner. Although they are not cheese package, they have name and logo that look same with cheese package logo. Therefore, they are
easy to cause customer to become confused about the products. If we keep choosing their name and logo, we should buy franchise from their
companies. However, we will not start this business on this way. Instead of using name and logo of the laughing cow company, we will choose our
name and logo differently such as our name will be "I dream of ice creams" and the logo will be "An ice cream into a

Warner Bros Fair Use Doctrine
The protection of intellectual property is important and necessary in order to promote progress. The idea is that by trading exclusive rights to the
creators of inventions and creative works in exchange that the creative work or invention to be available to the public is mutually beneficial to both the
rights holder and society in general. By granting these rights, the creators and owners are able to benefit both socially and financially from that which
they created. This provides an incentive for people to pursue the creation of and the investment in intellectual property. There are however limits to the
rights of such inventions and creative works. The Fair Use Doctrine recognizes and creates exceptions to intellectual property law when ... Show more
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was the source of Fortres Grand's "Clean Slate" product. At both the district court level and at the 7th Circuit of Appeals, this argument was
rejected. The court found that it was implausible that a reasonable person would go to the fictitious website and believe that the product there was
created and marketed by Fortres Grand. Conversely, it was equally implausible that anyone going to the Fortres Grand website would believe that
the products there were produced by Warner Bros. As a result of this finding, the courts did not need to go any further to address any First
Amendment or Fair Use issues. The court further found that the use of the term "the clean slate" in the movie was not a trademark infringement.
They found that the term is too broad in its meaning or application for its use to be restricted in other endeavors such as the movie. It seems that
what Fortres Grand was really concerned about was trademark dilution. The claim would be that the use of "the clean slate" in its movies and on the
promotional website would damage the "Clean Slate" mark and make it less appealing to consumers. This would only be valid if the mark was
considered famous which Fortres Grand knew would not be the case with their "Clean Slate" program. This is probably why they chose to purse the
claim of consumer confusion instead of trademark

Intellectual and Patent Infringement between Apple and...
Intellectual and Patent Infringement between Apple and Samsung
Introduction
Intellectual Property Concepts: Patents, Trade Mark, Trade Secret and Copyright
The modern economy is principally technology–driven. Technology products are normally creations of the mind. They entail unique techniques,
products, or brands. In order to protect their own investment, entrepreneurs need to safeguard these creations because they are intellectual property.
Intellectual property is the mind's product, but can be manifested physically. Therefore, its concept behind it can be copied or transferred. These
concepts need to be protected by law. There are four major kinds of intellectually property, all which have some legal protection. These include patents,
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They also indicate sponsorship and authorization. They also differentiate a company's products from those of competitors. Trademarks also show value
and image as an effort to create a notion of quality or uniqueness in the mind of the customer.Trademark infringement takes place when there is chance
of confusion between two products or services offered by different companies (Knudson, 2006). Trademarks are usually a crucial element of company's
marketing strategy and therefore need to be selected carefully and safeguarded consistently against all possible violators. Copyrights are used in
protection of artistic works like books, plays, films, music, paintings, or computer software. Copyright infringement entails use of such works either in
part of whole without prior permission of their owners, or without acknowledging the source (Knudson, 2006). Trade secret refers to any intellectual
property that grants its holder a competitive edge over the competitors. It includes any information which may in from of a formula, pattern,
compilation, program, technique, process that derives sovereign economic value from not being known. Unlike patents which protect the original
inventor regardless of the source of subsequent inventions, trade secrets are not safeguarded (Knudson, 2006). Further, a person can dismantle a
product in order to uncover a trade secret without infringement through a process known as reverse engineering. However,

Case Analysis : Snow White Vs. Cinderella
Mike Gaffney
BUL3130
Professor High
10/16/2017
Snow White v. Cinderella
A company could infringe on a trademark without even knowing it. Trademark infringement shows up regularly in the business world. Not every
company, however, will seek legal action each time this happens, others do pursue it quite regularly. "The Court ruled that the public would not be
deceived or led to believe that the Defendants' goods were made by the Plaintiffs, because the parties did not share a common field of trading activity
as the Plaintiffs' reputation was limited to slippers." As a result of this, I believe that the Court's decision was unfair when they declined to grant an
injunction based on the grounds that a member of the general population would not be misguided or convinced that the Defendants' merchandise was
made by the Plaintiffs.
Another example of this is the case of Converse and Wal–Mart's trademark–infringement saga. Wal–Mart decided to seek an injunction on the maker of
the Chuck Taylor All–Star sneaker. Many other brands have chosen to settle which include Ralph Lauren and Aldo. Wal
–Mart, however filed a
complaint on Monday against Nike owned Converse with the International Trade Commission. "In the filing, Wal–Mart argues that the toe caps, toe
bumpers and stripes that Converse claims to own are "actually or aesthetically functional" and therefore "they are not subject to trademark protection.""
In their defense, Wal–Mart cited advertisement in which Converse seems to

Case Study Of Whirlpool Corporation
IPR Assignment
Appellants: N.R. Dongre and Ors.
Vs.
Respondents: Whirlpool Corporation and Anr.
FACTS & CASE HISTORY:
The Whirlpool Corporation ("Respondent 1"), is a multi–national company incorporated in U.S.A under the laws of the State of Delaware. TVS
Whirlpool Ltd. ("Respondent 2") is a private limited company incorporated in India in which the Respondent 1 is a majority shareholder. Respondent 1
since 1957 had 2000 trademark registrations all over the world across 65 countries. In 1956, Respondent 1 obtained the trademark registration of
"WHIRLPOOL" but in 1977 the trademark registration expired as a result of a failure of renewal.
Seeing the opportunity, Mr. N.R. Dongre and his company filed for an application for registration of trademark 'Whirlpool'. Thereafter, when the
registration application was published, Respondents 1 & 2, under the banner of TVS Whirlpool Ltd. opposed the granting of registration of the
trademark. However, the Assistant Registrar of Trade Marks dismissed the claims of TVS Whirlpool Ltd on the following grounds:
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There would not be any likelihood of any confusion arising if Mr. N.R Dongre and his company is allowed to sell out products bearing the name'
Whirlpool'.
Aggrieved by this decision, TVS Whirlpool Ltd. filed for an appeal against the order of the Assistant Registrar before the Delhi High Court. They
filed for a petition under Section 46 and 56 of the Trade Marks Act, 1958 seeking for cancellation of registration of trademark for N.R. Dongre and his

Defining Infringement Of Trademark Rights
2.Trademarks
Trademarks will include names or marks that are associated with Snapdeal's products and services. While trademark rights are acquired by use,
registering the company's trademark with the Indian government Intellectual Property Office will enhance its rights. A trademark is typically a name,
word, phrase, logo, symbol, design, image, or a combination of these.
Clearly, it is notable that website content can infringe on trademark rights. The similarity of the marks and the similarity of the goods or services are
important factors in assessing infringement of trademark rights. If Snapdeal has a unique name for its business or product then the company should
seek advice from an experienced trademark lawyer. Internet trademark use that is lawful in the website owner's jurisdiction may infringe trademark
rights in other jurisdictions.
The following are some measures that Snapdeal may consider to protect trademarks on the Internet.
Ensure that the Internet been searched for the trademark Snapdeal intends to use. It will be wise to conduct this search before registering and using
domain names.
Snapdeal should consider using and registering its domain name as a trademark. This will help the company support a claim of trademark rights if
someone challenges its use of a particular trademark. Registrations should be made in as many common domains as possible (e.g. .com, .ca, .org, .net).
Snapdeal must declare its trademark right on its websites and also declare its

Copyright And Copyright Of Copyright Essay
The first thing for a web site owner to consider when publishing web applications is copyright. To protect the originality of a web site owner's work ,
copyright is important issue. Basically, if someone violates one of the five exclusive rights given to copyright owner by the Copyright Act , it is
considered as a copyright infringement. These include the right to reproduce a work, the right to develop derivative works, the right to publicly display
the work, or distribute copies3. Copyright protection is related with following elements :
пЃ¬The text of the site
пЃ¬The pictures on the site
пЃ¬Any clips of videos on the site
Using graphics is one of the important hallmarks of some popular web sites such as Microsoft's "Internet Explorer" logo . In addition, text on a web site
is also important part of copyright. This is because plagiarizing text from third–parties without permission is illegal like images do. To be more specific,
copyright is an especially essential issue in several web sites of search engines such as Yahoo and Bing, and Google. In the case of both Yahoo and
Bing, they are good at dealing with copyright infringement by disabling accounts who repeatedly infringe other's copyrights . And, Yahoo particularly
takes care of listening consumers' complaints if there are any wrong copyright infringement reports6. However, Google automatically lower ranking of
a particular web site in the search results list if they have a high number of removal notices regardless of

Intellectual Property Rights And Competition Law
AIM
Critical analysis on when the use of intellectual property rights turns into abuse of intellectual property rights and further analysis on the trend of
European competition authorities towards Intellectual property rights with specific reference to what is reiterated in the Magill cases.
Introduction
Intellectual property rights and competition law both seem to intervene at different junctures; however they work for attainment of one common goal
that is consumer welfare. The reasons for this contravention in most cases is that the reward given to creators and innovators is the right to use and
exclude others whereas when these rights are abused , competition law comes into the scene. So there has always been a tiff between the both, ... Show
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This essay firstly for a better understanding deal with what is intellectual property and what constitutes intellectual property rights and then briefly
deals with the competition policy and European Union competition law and then analyse the conflict between intellectual property and competition law
and what are the common goals which both seeks to achieve and later deals with interface of both within the legislation and then we will critically
analyse the concept of abuse of intellectual property rights as this is main conflict which revolves between both and further analyse this concept in
depth with the help of case study on the Magill cases and the trend followed by the courts after that.
1. Intellectual Property
For much of human history the concept of intellectual property did not exist however due to the wide spread progress and extension of international
trade need for protection of intellectual property is felt and this led to the " Paris Convention for protection of industrial property" followed by Berne
Convention and which led to the establishment of World Intellectual Property Organisation.
Intellectual property in common parlance means property other than physical property which is a result of human intellect.
1.1 Intellectual Property Rights
Are those which guarantee and grants certain rights to the creator of the intellectual property for a certain period of time. Intellectual property rights
can be classified into copyrights and related rights,

Safepac Case Study
Introduction
Ok so in this paper I will be looking at the Simply Green Product brand and seeing what can be done with their company as far as their patenting and
packaging of their product SafePac. So there is a lot of information that will be covered here. Also we have to look at the time frame that SGB was
using the SafePac logo, on their equipment. The other thing is that we have to look at the trademark and the other laws that incorporate trademarks and
patents. So listed below is the topics that I would like to discuss briefly.
1.Deciding if SGP can register their product name as a trademark.
2.Would the Trademark Dilution Revision Act be violated if the USTPO granted the trademark on SafePac?
3.Tell whether or not the anticyber squatting consumer protection act would be violated by the use of SafePac.com
4.Tell how your resolution ... Show more content on Helpwriting.net ...
Because there is already a mark that is listed by the USPTO. This mark was first used in 2002 which is 6 years to the senior of SafePac, and SGP.
Because of its seniority they have a claim to it and it would add a little confusion if SGP would to market it. Because there would then be two
products out there with the same name, possibly cost some business for both companies. Here there would be a minor hit on the Lanham act, which
was put into place to protect legit business, so that they can keep using their ideas, and investments. The reason why I say that is a minor hit is
because even not knowing that this was already in use they have a responsibility to the preexisting company and name of their product. Even though
there is no completion, and they are two separate spectrums of services. Still the idea was first thought of by Safe Choice.
Would the Trademark Dilution Revision Act be violated if the USTPO granted the trademark on

Trademark Counterfeiting Act Of 1984: What Is Infringement?
Infringement refers to the violation of the exclusive rights that are attached to a trademark owner or any person who is its licensee. Infringement can
occur when the infringer uses any trademark, which is a little identical or remotely similar to a trademark owned by some other party or person. The
owner of a registered trademark may take legal action against the person who infringes with his trademark. In the United States, the Trademark
Counterfeiting Act of 1984 is a criminalized.
The ACTA trade agreement, which was signed in may 2011 by countries like US, EU, Japan and Switzerland which states that parties can add criminal
penalties, fines and incarceration and fines, for copyright and trademark infringement and they can also file police

Trader Joe's Case Study
Building a strong brand is vital for a firm to success. However, protecting the firm's brand is also equally important. Without protection, firm's products
and services could be imitated then sell from competitors, leading confusion to customers and revenue lost. That is why it is essential for firms to have
their brand protected at early stage as that will secure their growing brand and protect them from competition. Once firms establish trademark for their
brand, they can fight infringement of their brand through the court system like the case of Pepperidge Farm vs. Trader Joe's for the Milano cookie
imitation. At first, the lawsuit seems non–sense to me as the Trader Joe's cookie shape and package look different to the Milano. However, after

The Jiff Lemon Case
1)Advise Markt whether Markt might be liable to NeemMiracle Ltd in Australia and New Zealand for launching their neem oil hair care products
under the brand name Mira–Neem.
Is Markt at risk and liable to NeemMiracle with respect to Trade Mark infringement, passing off, misleading or deceptive conduct?
No Trade Mark infringement for two reasons;
a)The mark or 'get up' being used by Markt only similar in colour and not necessarily name, the word 'neem' may be argued to be descriptive. and
b)NeemMiracle has not registered the trademark in either Australia or New Zealand.
There may be a case for passing off under common law and/or misleading and deceptive conduct under S 18 ACL . An action in passing off deals
only with misrepresentation, for an action in passing off to be successful we can refer to the "classical trinity". In the Jiff Lemon Case Lord Oliver
set out three tests for an action in passing off to be met. 'The "classical trinity" has been used as a touchstone for passing off. '
It can be argued that the 'getup' of the Mira–Neem product(s) is adopting a similar style or mark to NeemMiracle with respect to choice of colour, font
and naming of the product; further argued that the confusing labelling of the product without any disclaimer may misrepresent the Mira–Neem product
as part of the products currently produced and marketed by NeemMiracle.
NeemMiracle has a reputation in New Zealand and Australia, NeemMiracle has been in New Zealand since 1990 and in

Current Legislation in the UK Governing Registered Trade...
The current legislation in the UK governing registered trade marks is contained in the TMA 1994 and governs trade marks registered in UK
register with the UK intellectual Property Office. (IPO) in Newport, Gwent. The TMA 1994 was introduced as a result of the EU Council Directive
89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to Trade Marks which was in turn codified as Directives
2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the law relating to trade marks.
Intellectual Property Law: Text, Cases, and Materials By Tanya Aplin, Jennifer Davis
PG 384
Infringement of trade marks/ what constitutes TM?
We are about to discuss about the proprietor's right to prevent third parties from infringing trademarks which are being governed by Article 5 of the
TMD. According to Article 5(1), there will be an infringement of trademarks if third party uses similar or identical signs to the trade mark in the
course of trade. As an alternative way to protect trademark infringements, the UK has incorporated another legislation through the directive, which is
s10(3) of TMA 1994 with the effect of an anti–dilution provision. As stated under Article 5(2) : "Any Member State may also provide that the
proprietor shall be entitled to prevent all third parties not having his consent from using in the course of trade any sign which is identical with, or
similar to, the trade mark in relation to goods or services

New York University Trademark Case Study
Establishing a strong brand is critical to business success. Protecting a brand is equally as important. According to Law for Recreation & Sport
Managers, they discuss on what exactly is a trademark and is recognized as "any word, name, symbol, or device, or any combination thereof, adopted
or used by some entity to identify their goods and distinguish them from those manufactured or sold by others" (Cotten & Wolohan, 2017). The purpose
of a trademark is to protect the owner and to prevent others from using the mark in a way that will cause confusion. In this case, The University of
New York (UNY) has filed for federal trademark registration their name and logo, however, the New York Yankees and New York University (NYU)
filed an objection on their own expressing that UNY infringed on the Yankees logo and also infringed on the name of New York University as well....
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The New York Yankees are more likely to win, since the owner previously has federally registered this trademark before. Also, they are nationally
well–known globally and their trademark of the NY has been used by them for decades. On the other hand, New York University is less likely going
to win, considering that, the name of New York University (NYU) are similar, however, it will be extremely difficult to prove, since they are both
designed differently than one another. For example, their initials and logo are less likely to cause any confusion with New York University

Becoming A Lawyer Essay
Unlike many on my classmates I am studying to become a lawyer. The legal field has remained firmly set in the past. Most legal documents need
to be delivered in person to the court. The old nature of the legal system has been slow to change of time some states like Georgia refuse to
implement online system that allow a professional to submit documents online. Even the trusts and will are found as paper copies in a binder or
stapled. The private nature of most practices in the legal field require that most actions are done through paperwork. The paperwork written to the
extent that there could be hundreds of pages per case. To understand the information in a case lawyers will be required to physically read each page of
the documents. Many of the practices also involve in an in–person basis where the lawyer and the client would have to talk face–to–face conversations.
To set myself ahead of my competition I decided to take up a Business Administration which allow me to start a business background which will help
if I want to enter into business/corporate law. Some work in the legal field have advanced through the use of technology. Through some research at
Americanbar.org I was able to find some noted advancements. Using google I looked using the search criteria "technology used in the legal field." The
first technological advancement was the use of billable hour management software. This advancement has allowed legal professionals to take their most
mundane of tasks and add

The Trade Of Counterfeit Products Essay
Abstract:
India is a one of the key markets of counterfeit products in South Asia which has negatively affected its economy since many years. The trade of
counterfeit and pirated products hamper the development of knowledge and innovation as it can greatly reduce the economic benefits for the original
creator of products. Widespread and rampant piracy and weak intellectual property rights (IPR) dilutes the development of local industry and also
endangers the huge investments made in research and development work of organizations. This can lead to loss of competitive advantage as the
competitiveness of firms is driven by the firm's ability to innovate and create new products churned from its knowledge capital. Counterfeiting and
piracy can exist in the market from within or due to imports from a foreign market but flourishing or controlling of it can be understood majorly by
understanding the attitude of Indian consumers towards purchase of counterfeit and pirated products. The studies so far particularly considering IPR
infringements have been skewed towards Pharmaceuticals, Entertainment and Information Technology. This paper attempts to investigate and
understand the Indian consumers' awareness of IPR infringements and their attitudes and intention towards purchase of Home Appliances based on
psychographic and demographic factors.
Keywords: IPR, Counterfeit, Piracy, Home Appliances, Consumer, Attitudes, India
INTRODUCTION:
Modern India is a global

Intellectual Properties And How Can You Protect It?
What is Intellectual Properties and How Can You Protect It?
What is Intellectual Property?
Intellectual Property or IP is a representation of creations of the mind, or something that can be legally owned, Intellectual Property allows protection
through patents, trademarks, copyright, designs, circuit layouts and plant breeder's rights. Almost any business can have some form of intellectual
property that they need to protect.
What are your rights and how can you protect your intellectual property? Explore the various forms of protection for intellectual property including:
Patents, Copyright, Trademarks, designs.
Protecting Intellectual Property can be done through various ways, both including simple things you can do as a person, and ... Show more content on
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Patent Protection: A patent provides a legal right to stop someone from a third party from manufacturing, using and selling an invention or design
within Australia, it can be used to license someone to use or manufacture an invention on agreed terms.
Design Protection: In Australia one can register a design, an application can be filled containing one design, a single design can be used in relation to
multiple products.
What is copyright infringement?
Copy right infringement is essentially a breach of copyright from a third party, copy right infringement occurs when someone other than the
holder of the copy right uses a copy righted material, it could also be describing as someone using an "expression" of someone else's work. For
example, if someone were to create a logo of piece of art, if this were to be copyrighted and someone came along and took the whole design and
used it form themselves this would be classed as a breach of copy right or a copyright infringement. In this case the expression of someone's work
would be the logo in play, this has been stolen and used in a way that breaches its copyright.
What are the costs and benefits of protecting your IP
Protecting your IP can come with a cost, this will all depend of which path you are taking to protect your work, for example if you are working to
protect a design there will be fees involved, once paid you can safely

The Core Arguments Of Hershey Company
The core arguments of Hershey Company in this case are very clearly stated. Senator Steve Hershey used their company's Trade Dress on multiple
campaign signs for multiple elections. In 2002, Mr. Hershey was running for commissioner of Queen Anne's County in Maryland. He used a
design for his campaign that looked very similar to a Hershey's chocolate bar wrapper. The background was brown, the lettering was white, and the
font was bolded in all capital letters. In 2010, Steve Hershey used a design that looked even more similar to a Hershey's chocolate bar wrapper than
the one he had used previously. This campaign sign had a brown background, white bolded font, all capital letters, and included a white border. In
2014, Steve Hershey used a campaign logo with a two–toned brown Maryland flag background, his last name in all capital bolded letters, similar font,
and underneath read, "state senate." Despite having the same name, Steve Hershey is not affiliated with The Hershey Company in any way. The
Hershey Company believed that Steve Hershey's use of their Trade Dress could cause confusion amongst the general public. When the Hershey
Company contacted Steve Hershey for the first time in 2002, they wrote him a letter asking him to stop using the Hershey's Trade Dress. In 2010, The
Hershey Company contacted Mr. Hershey again and urged him to stop using their Trade Dress, but they allowed him to use those campaign signs for
the primary election only. The Hershey Company and Mr.

Overview of Intellectual Property
Intellectual Property
Table of Contents
Overview of Intellectual Property3
Types of Intellectual Property Rights3
Industrial property4
Copyright5
Controversy of Intellectual Property5
Intellectual Property in the Digital Age7
No Electronic Theft Act9
Digital Millennium Copyright Act of 19989
Case Study Involving Intellectual Property – Domain Names9
Conclusion11
Overview of Intellectual Property
The term intellectual property refers to the innovations of the human mind. Intellectual property rights protect the interests of these innovators by
giving them property rights attached to those ideas. The term "intellectual property rights" stands for these legal rights that authors, inventors, and other
creators have. Intellectual ... Show more content on Helpwriting.net ...
Views on intellectual property vary from the belief that that intellectual property should be protected, to the view that ideas should be completely
unrestricted and free to use. Thomas Jefferson believed that ideas had the right to be shared, saying:
"If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which
an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of everyone,
and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole
of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without
darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his

condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without
lessening their density in any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive
appropriation. Inventions then

National Business Forms And Printing Essay
Statement of Facts:
National Business Forms & Printing, INC. located in Navasota, Texas; is a printing commercial business that sells signs, stickers, banners, and other
printing goods. NBFP's main services are offered through two online websites. National Business Forms & Printing sold to affiliated and nonaffiliated
customers, using several logos of known car dealerships. One of those dealerships was Ford Motor Company (Ford). Ford was not complied with NBFP
doing business with its logo, and as a result sent NBFP a "cease–and desist letter." In such letter, Ford demanded NBFP to pay $5000 for damages and
to stop commercializing with the Fords Logo. Instead of abiding to Ford's demand, NBFP decided to sue Ford in a Texas State Court looking for a
"declaration". Ford, on the other hand, countersued NBFP in the U.S. District Court of Southern District of Texas. Ford alleged that NBFP committed
trademark infringement, counterfeit of Ford's product (logo), and "false designation". The U.S District Court of Texas separated Ford's claims into
four categories. First, NBFP's advertising material for Ford's associated dealers. Second, advertising material for "independent dealers;" third, a
custom logo made by NBFP using an oval similar that stated "NO BIG 3 BAILOUT;" fourth, remaining products that NBFP sold that could be
connected to Ford. The District court denied judgment as a matter of law on the first three categories. On the other hand, it allowed judgment on the
fourth

Trademark Infringement Essay
Trademark infringement is a growing concern to businesses that has caused disruptions in both local and international trade. Infringement is the
violation of intellectual property rights in which violators take organizations/individuals ideas (trademark) and market them as their own. Another form
of intellectual property is copyright that protects people's creating expressions. In the case of infringement and copyrights, the accuser can file a claim
against the alleged group/individual for using their trademark or ideas. If they are convicted then they'll be required to pay reimbursements for damages
caused or losses incurred, prohibit further infringement actions, and recall all products that were produced, but there is a loop hole in this ... Show more
The other way would be excluded to claim of unintentional action has a liable excuse all together. The issues concerning infringement and copyright
isn't just a problem here in the U.S., but international as well. The only difference being that it is harder to enforce these rules and regulations and to
resolve these issues when each country has their own. Although there are standards that are enforced by most industrialized nations there are no fully
international property rights and countries don't always interpret and enforce intellectual property right with the same standards. This problem could be
addressed by setting international rules and regulations that could be used to address more of specific issues then the basics that are covered in the
Trade–Related Aspects of Intellectual Property Rights (TRIPS) and the World Trade Organization (WTO). Also, the establishment of an international
system for protecting intellectual property that would manage and enforce these regulations in each

Intellectual Property, By The Way
There are many topics that interest a person, but, the topic I'm most interested in is entitled intellectual property, by the way, one thing one has to
know is US is based on freedom of ownership of property, and also in America, real estate, personally property and intellectual property right has value
of business in America and benefits for individuals. The importance of intellectual property was outlined in a Paris convention for the protection of
industrial property in 1789, and also in the Berne Convention for the Protection of Literary and Artistic Works (1886). Both treaties are administered by
the World Intellectual Property Organization, this was an organization that look to protect industrial company of their property and benefits.
Intellectual property can be related to items of information or knowledge, which is incorporated in tangible objects at the same time in an uncountable
number of copies at different locations anywhere in the world. The property is not found in those Understanding Industrial Property copies but in the
information or knowledge that explains them. Intellectual property rights are also set up by certain limitations, such as limited duration in the many
case of copyright and patents. I believe intellectual property show's one how to go about thing to protect things that are yours or made by you, and it
take a lot of understanding mostly law to protect ones item. Intellectual property is a term that is used to describe properties through

What Is A Logo?
What is a logo? In today's world, it is very important for organizations to protect their intellectual property, otherwise known as creations or
inventions, literary or artistic works, symbols and designs, and names and images usually for the purpose of commerce. Intellectual property (IP) is
protected in law by trademarks, copyrights, trade secrets, and patents that provide recognition of their security. A logo is a symbol, design, or graphic
that is affiliated with a brand, company, or organization to identify a source of goods.
Copyright vs. Trademark Logos belong in their own category of IP, where there is a grey area of what means of protection is necessary, somewhere
between copyright and trademark. Businesses are known to use both to protect such logos. Companies that provide services for logos, branding, and
merchandising from a third party standard often feel the ramifications of misusing their customer's logos for their own marketing purposes. Copyright
and trademark infringement are among the most common types of marketing misuse. There is often confusion between using protections with
copyrights versus trademarks. A copyright protects an original work of authorship fixed in a tangible medium of expression. However, a trademark
protects sources, including words, symbols, smells, pictures, and sounds, that are used to identify the source of goods and distinguish them from goods
sold by others (Harazin 2012). Generally speaking, when most people think of

The Importance Of Protecting Businesses By Using Patents,...
"You shall not steal, nor deal falsely, nor lie to one another" Leviticus 19:11 (Dake's Annontated Reference Bible) is the basic principle of life as well
business. Everyone understands what stealing means, but forgets you are stealing when you take a business's logo, name, trademark, or identity.
Stealing does not have to be a physical object that belongs to a business. It can be something that they have created such as a song or product. This
paper will talk about the importance of protecting businesses by using patents, copyrights, trademarks, trade secrets, and businesses property rights.
Patents
The United States Patent Office is where companies or individuals can file documents to obtain a legal monopoly for a product or process that they
have created (Jennings, 2015). Three types of patents include utility or machines lasting 20 years, the design, or production that lasts 14 years, and
plant that lasts 20 years. Because of the race to be the first person to invent or create a product the America Invents Act (AIA) came about in 2011.
This allowed Americans to compete with other countries that had filed before them as well as increase the patent process from 3 to 4 years to 12
months. A patent holder has the right to solely profit from the patent. If someone steals the idea the individual has created then they have done a patent
infringement. This entitles the patent holder to damages and legal action against the party that stole the idea. In order for a

Importance of protecting oneвЂ™s intellectual property...
Importance of protecting one's intellectual property
Intellectual property is critical to many companies in order to foster innovation and boosting their revenues. Many industries rely on the protection of
patents, trademarks and copyrights as they are valuable assets for companies' success. By protecting intellectual properties, it ensures that the original
owner reaps full benefits from his/her ideas, features, products and creations.
Prevent and stop others from using you Intellectual Property:
Firstly, with laws to protect intellectual properties, it prevent and stop other companies from commercially using the protected intellectual properties in
the marketplace, allowing the owner company to control the usage of their original ... Show more content on Helpwriting.net ...
However, if their Intellectual properties are not being safeguarded, it will result in them to lose their motivation, reputation and income.
Cases of Trade mark infringement
(Local) McDonald's Corporation v Future Enterprises Pte Ltd [2007]
McDonald's Corporation filed an opposition to Future Enterprises Pte Ltd's (FE) trademark application to register their trademark "MacCoffee". In
1999, McDonalds has 108 restaurants in Singapore operating in franchised basis. They have also advertised their product extensively here in
Singapore and have trademarks registered such as BigMac, Mac Fries, SuperMac, Egg McMuffin, McChicken and McNuggets, with their main mark
"McDonald's". While FE, previously in the computer business, decided to switch business in 1994 to that of selling beverages and noodles. Adopting
the western style, he named his product after the popular Macintosh computer by Apple Incorporation with the prefix "Mac". The first product
"MacCoffee" received good response overseas and FE continued naming and registering its subsequent products "MacTea","MacNoodles" and
"MacChocolate".
McDonalds opposed based on 3 sections of the Singapore Trade Mark act:
Section 12 of the act – FE copied McDonalds' distinctive prefix "Mc".
Section 15 of the act – Registration of the 3 marks might cause confusion or deceive the public.
Sections 23(1) of the act – Application

Advantages And Disadvantages Of Intellectual Property
TITLES
There are three common types of intellectual property; patents, trademarks, and copyrights. First, the patent which is a privilege of the property right
owned by the inventor, in other words it is the property right of an invention. The duration of the patent is twenty years from the time when the inventor
invented the invention. There are some people who sell a patent product without the authorization of the patent holder; this process is called
infringement. If the patent holder discovered this violation then he/she can bring his/her case to the courts. If the law announced the patent's holder
right then he/she would claim all of the profit which the infringer had received; in addition to the responsible royalties. In the process of ... Show more
The advantages and disadvantages of the intellectual property in general; the first advantage of intellectual property is that the legal fees is not existing,
the second advantage is the freedom in developing or changing the idea, the third advantage is the potential to lead the competition because of being
the first competitor or first seller, but still indeed the movement in some markets is so fast that the intellectual property or in other words the IP is not
worth the wait. There are three disadvantages of the intellectual property in general; firstly, the usage of the idea which was developed by the person
who own the IP can be by anyone, secondly, someone else could actually protect it, finally, there is no guarantee that the owner of the intellectual
property will be rewarded. The first type of intellectual property is patents which have some advantages and disadvantages; the first advantage is the
patent banns legally anyone other than the inventor from using the invention, the second advantage is that only the existence of the patent destroys the
competitors, the third advantage is that the patent last twenty years which is an enough time for the inventor to make and develop his/her market with
the customers, the fourth and final advantage is that the patents are very attractive for the investors because the competition is almost not effective to
the patent holder. As there are some advantages for patents there are also some disadvantages; first, in the process of establishing patent the applicant
is required to donate both money and time, second, every new application for a patent has to be researched in order to find that there is no other patent
that is no identical patent existing– in order to that search the applicant is required to pay fees, thirdly, it is

Essay on Louis Vuitton Malletier V Dooney & Bourke Inc
Louis Vuitton Malletier v Dooney & Bourke Inc.
In this famous case known as the "Battle of the Handbags" Louis Vuitton (LV) sues Dooney & Burke (D&B) for trademark infringement of its
multicolore line.
The Plaintiff, Louis Vuitton Malletier ,is a French fashion house founded in 1854 by Louis Vuitton. The famous label is well known for its LV
monogram, which is featured on most of its products. Louis Vuitton is considered as one of the world's most valuable and prestigious brands. The LV
monogram was created in 1896 by Louis' son Georges Vuitton who invented the symbol and the letters represent his father's initials. The logo is a
Japanese–inspired flower motif which initially was created as a way to prevent counterfeiting. This ... Show more content on Helpwriting.net ...
Since the design in the fashion industry rarely creates a new process, machine or manufactures, they have a separate statute specifically for them for
new, original and ornamental design for an article of manufacture. Trade dress protection is addressed under the Lanham Act to defend the design and
appearance of the product as well as that of the container and all elements making up the total visual image by which the product is presented to
customers. Colors have also been addressed under the Trade dress protection in which the United States Supreme Court has stated that the color and
designs of a product are only protected under the Lanham Act if a secondary meaning has been demonstrated. Color and design must be associated by
the customer for that particular product over time.
In 2004, the legal team decided to advance with option 4: Trademark protection. They claimed trademark infringement, trademark dilution, as well as
unfair competition and false designation. Trademark infringement harbors a manufacturer or seller's product to include a word, slogan or symbol. For
instance, Apple is an example of a word that cannot be used in relationship with software or computers as it will cause confusion from a consumer's
perspective. Nike holds the trademark of the slogan "Just Do It" that is associated with its product and McDonald's hold trademark of the golden arches
symbol. In some instances this

Artists Can Create Artist Profiles
(i) artists can create artist profiles,
Registration of the artist profile would be a step to enforce the company's rights in case someday I may want to defend my rights or litigation becomes
necessary.
(ii) artists can upload content (music, videos, photos, text) and create widgets for fans to put on their own blogs websites facebook pages
The musicians will be uploading music, videos and images and text onto the service, so there should be a agreement that licenses the trademarks and
publicity and likeness rights from the artist, and the copyright from rights holder (Master recording from label, publishing rights from publisher), so that
your company can use, as much as possible, to implement, promote and market the service. It should specify that artists will retain their rights for the
content that they upload, and is giving the service nonexclusive rights to the music, videos and images and text in order to host the music that
musicians upload, stream and allow users to download it on the musicians behalf, the right for other users to listen to your sounds, display whatever
text, lyrics, artworks and photos the artists put on the site. It should also clearly state that the musicians must make sure that they own full IP rights of
all uploaded content, and if any intellectual property infringement cases comes up, the service should have the right to take it down, and list the
standards of when to block or remove content or get accounts suspended or terminated. Since

Intellectual Property in Singapore Essay
Introduction to Intellectual property and various property laws in Singapore
First of all, the definition of Intellectual property refers to the creation of mind, such as literary and artistic works, inventions, designs, names, symbols,
logos and even images used in industries.
Some example of Intellectual property are that business owners, they are given exclusive rights for the use of their trademark or even their identity, logo,
which were originally established by them.
Even for creative artistes like singers, artist are granted copyrights on their musical, drawings, artistic works for their creation. This would allow the
artistes to protect their product from getting using by other people without claiming credits from the original ... Show more content on Helpwriting.net
...
It can also be the new method of doing things, or a technical improvement. Once it is granted, the term of a patent is 20 years from the Date of Filing,
subject to the payment of annual renewal fees. A patent can also be employed to raise funds for your business and licensing it to third parties for
commercial returns.
There are three criteria for an invention to be patentable. The first criteria is New. The invention should not be publicly known in anyway or anywhere
around the world. The owners of invention should be careful in keeping the invention as secret until a patent application has been successfully made. If
the idea has already been commercially exploited, demonstrated or advertised, the novelty of it may be compromised. If the invention requires
disclosure to a third party before the patent application is made, a non–disclosure agreement should be drawn up.
The second criteria is inventive step. The invention must be a representation of improvement over any existing product or process that is already
available. The improvement cannot be obvious to someone with technical skills or knowledge in its particular field. The invention would not fulfil the
requirements of this criteria if it is obvious to a person skilled in the art, even though it is new.
The third criteria is industrial application. The invention must be useful and have some form of practical application. It

Havana Club Trademark Dispute Case
CHAPTER 1
INTRODUCTION
The "US Section 211 Appropriation Act case", more commonly referred to as "United States–Cuba 'Havana Club' Trademark Dispute case" has been
one of the more controversial and potentially divisive cases before the World Trade Organization (hereinafter referred to as: "WTO") to date. The
European Union (hereinafter referred to as: "EU") filed a complaint against the United States alleging that a law which prohibited the registration and
enforcement in the United States of a Cuban trademark, "Havana Club" rum, which was licensed to the French company, Pernod–Ricard, S.A.
(hereinafter referred to as: "Pernod–Ricard"), was in violation of the WTO Agreement, which protected the intellectual property rights of WTO
Members and ... Show more content on Helpwriting.net ...
Cubaexport, a State–owned enterprise, exported Havana Club rum, primarily to the communist countries in Eastern Europe and to the Soviet Union
from 1972 to 1993. Cuba export had registered the "Havana Club" trademark with the United States Patent and Trademark Office ("PTO") in 1976
under Registration No. 1,031,631. In 1993, Cubaexport decided to seek a foreign partner for its Havana Club rum business. In this regard, Havana
Rum and Liquors, S.A. ("HR&L"), was formed under the laws of Cuba. Consequently, HR&L entered into a joint–venture agreement with
Pernod–Ricard. In November 1993, Pernod–Ricard and HR&L entered into an agreement, which formed Havana Club Holding, S.A. ("HCH"), a
Luxemburg corporation, and Havana Club International, S.A. ("HCI"), a Cuban corporation. Cubaexport then assigned its U.S. trademarks to HR&L,
which, in turn, assigned them to HCH on June 22, 1994. HCH renewed the U.S. registration for the "Havana Club" mark for a term of ten years in

Mtm Vs Amazon
Ninth Circuit Finds Amazon's Search Results Could Constitute Trademark Infringement
Recently, the U.S. Court of Appeals for the Ninth Circuit held that liability for trademark infringement could apply if a jury finds that an online
retailer's search results creates a likelihood of consumer confusion.
The case –– Multi Time Machine, Inc. v.Amazon.com, Inc. –– involves Los Angeles watch manufacturer Multi Time Machine (MTM), which sells its
military–style watches under the trademarked names of MTM, MTM Military Ops and MTM Special Ops. MTM does not sell its watches on
Amazon.com and its distributors are not authorized to sell the watches on Amazon.
MTM filed suit against Amazon for trademark infringement, claiming that when consumers searched for its trademarked names on Amazon's site,
Amazon displayed competitive military–style watches in search results. A district court granted summary judgment for Amazon and MTM appealed....
Show more content on Helpwriting.net ...
Below that query field, the term "MTM Special Ops" appears again in quotation marks. Below that, the name is displayed once more as "Related
Searches: MTM Special Ops."
Appearing under these three iterations of the MTM Special Ops name is a list of images and products for military–style watches made by MTM's
competitors. If the consumer clicks on one of these products, he or she is taken to a product detail page, where the "MTM Special Ops" name still
appears in the search field. There is no notation on any of the pages that Amazon does not sell actual MTM

The Importance Of Intellectual Property
Intellectual property is often misunderstood in the employment relationship. The protection of intellectual property and confidential information is
essential and valuable in for both employees and employers. Employees may misuse confidential information during their employment or once their
engagement comes to an end. It is vital that employers take all necessary measures to prevent intellectual property infringement. Disputes over
ownership of intellectual property are likely to arise between employees and employers however this essay will discuss the numerous ways to reduce
the likelihoods of it occurring. Simple measures can be extremely beneficial for a business and there are three major aspects that employers should
focus on in order to prevent IP infringement and these include employee intake, employment contract and employee exit interviews. The chances of
intellectual property theft have increased significantly in recent years due to new technologies and the internet. This essay will discuss why and how
employers can protect their business when or if the employment relationship breakdown or ceases.
World International Property Organisation (WIPO) refers to intellectual property as "creations of the mind: inventions; literary and artistic works; and
symbols, names and images used in commerce". Intangible assets including patents, trademarks, copyrights, and tradesecrets are the most important
forms of intellectual property protection for any business. A patent

Trademarks Infringement
Trademarks Infringement Name Institution Case Decided By the Appellate Court According to the research done on the two business clients who are
under the Websites R'Us, Inc, a company; it is a company that deals with website making happens to have known of the existing trademark similarity.
The two clients, John Smith, has got a registered trademark called Disny World Productions, Inc. which with sells adult literature and movies online.
Another client who is also under Websites R'Us is using the same business name although his business is different. Despite the varied business
operations by the two clients, many customers have been confused when surfing on the internet like the little Johnny Walker. Following the above
analysis, the court determined that the new law (Lanham Act 2006) should be applied on appeal. Through the facts gathered, the case is genuine, and
so there is a need for consumers such as little John Walker to get confused. This is trademark infringement, and dissolution should take place. In the
United States, the trademarks are protected by the Lanham Act and the... Show more content on Helpwriting.net ...
Blackett (1998), dilution safeguards trademarks from being used by other people. It takes place when the situation is not confusing for customers, and
they can relate the trademark that has been existence for a longer time. Therefore dilution only occurs when the latter trademark is not similar to the
original one. In case of a dilution claim, it is not easy to predict how the court will rule. Sometimes the person who copies does this knowingly, and this
is punishable by the law. The court holds that even though the businesses are different, there is evidence that Walter was aware that John had registered
his business in the same name. As such he wanted to create both confusion and competitive environment. His main aim was to prevent John from using
the same

Business Analysis : Louis Vuitton Essay
You finally bought what you have been wanting for so long, a Louis Vuitton monogram "never full" tote. You have been comparing prices at different
boutiques and department stores for months, until you saw a deal on eBay where the bag is listed for $640 – a new Louis Vuitton "never full" tote
usually costs $1720. After missing several deals, you secured the auction for $890 with free shipping provided. The bag arrived a week later, and you
began to doubt whether it is genuine leather handmade by French craftsmen as Louis Vuitton promised.
According to Louis Vuitton's parent company, French luxury goods maker MoГ«t Hennessy, 90 percent of the Louis Vuitton bags sold on eBay are
fakes (Carvajal). However, the auction site is by no means at fault for the knockoffs and should not be held liable for the counterfeit luxury goods sold
on its website.
Hundreds of millions of dollars transactions are made on eBay everyday. Yet, being simply a conduit for all these businesses, eBay should not be
deemed responsible and, indeed, has no control over every single deal between sellers and buyers. In this arena created by the auction house, global
sellers and buyers negotiate on purchases freely and are asked by the website to carry out the transactions themselves. As the US district court
concluded following the first–ever trademark infringement lawsuit filed by Tiffany & Co. against the auction website, while eBay "provides the venue
for the sale and support for the transaction, it

Agreements And Enforcement Mechanism And Its Effectiveness
Trade Marks:
Compliance and Enforcement mechanism and its effectiveness to deal with the problem
The Agreement on Trade–Related Aspects of Intellectual Property Rights (TRIPS) sets down minimum standards for many forms of intellectual
property (IP) regulation as applied to nationals of other WTO Members. It is s an international agreement administered by the World Trade
Organization (WTO) that.
Scenario in India:
In 1994 TRIPS (The agreement on Trade–Related Aspects of Intellectual Property Rights) came into existence and hence in accordance with it the
Indian laws got amended from old Indian Trade and Merchandise Marks Act, 1958 to new Trade Marks Act, 1999
In India, a combined civil action for infringement of trademark and passing off can be initiated. For sustaining a civil or criminal action against
violation of trademarks in India registration of a trademark is not a pre–requisite.
Infringement:
These are the violation of the exclusive rights given to the proprietor who has registered the trade mark. These involves usage of the similar looking
or replica of the registered trade mark for their unsolicited benefits without permission or authorization from the proprietor who has registered the
trade mark. Also if someone has use some trademark and have not registered it, in that case Indian law protect the one who has used it first from the
one who has registered it giving benefit of doubt to the one who come up with it earlier.
Infringement is also viable for criminal

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