Class Writing : Intellectual Property Essay

This paper will address the Roper v. Simmons 543 U.S551 (2005); it will specifically address the arrest, trial and the legal issues that arose. It will explain and identify the holdings of the lower courts and it will explain and identify the decision of the U.S Supreme Court.

Philip J. Cooper v. Charles Austin 837 S. W. 2d 606 (Tenn. Ct. App. 1992)

I remember, when first getting some answers concerning trademark law, thinking how exceptional it was that having your name be seen as "nonexclusive" was a ghastly thing. In light of current circumstances, when your picture got the chance to be synonymous with the thing you were putting forth (think Kleenex, Xerox, Band-Aid et cetera.) it inferred that you had genuinely overpowered the thing class. Be that as it may... on the off chance that you're a lawyer. Since the anxiety, clearly, is that if your picture gets the opportunity to be insipid, you lose the trademark, and thereafter suddenly others can make use of that brand that you worked so hard to create. I'm still not convinced that is truly an issue in the event that you're a keen operators,

Analyze Luxford & Anor v Sidhu & 3 others [2007] NSWSC 1356 (3 December 2007) as follows:

1) What were the legal issues in this case? What did the appeals court decide?

8. Reason: We can understand the policy rational of the Court in making this decision. Being that there was no explicit law on the books, the Court felt that the best interest of society would call for an establishment of such a rule to allow the case to be heard. As such it is possible for a reasonable person

A landmark case in United States Law and the basis for the exercise of judicial review in the United States,

The Chief Justice that presided over this case was C.J. Rehnquist, the other presiding Justices were J. O'Connor, J. Stevens, J. Souter, J. Breyer, JJ. Thomas, J. Kennedy, J. Scalia, and JJ. Ginsburg. Chief Justice Rehnquist delivered the opinion over the case with Justices O'Connor, Scalia, Kennedy, and Thomas filed concurring opinions. Whereas, Justices Breyer, Stevens, Souter, and Ginsburg filed a dissenting opinion. Before I go into the opinion that Rehnquist delivered I would like to go in to some of the opinions that the other Justices' had stated as to their dissenting opinions.

The Court asked the question, was the closing of the state pools an action that denies “equal protection of the laws” to Blacks. They felt the answer was no since both races received the same treatment. The Courts also felt that neither the 14th amendment nor any Act of Congress purports to impose a duty on a State to begin to operate or to continue to operate public swimming pools. They felt that since this was not a case where whites are permitted to use public facilities while blacks were denied, nor a case where a city is maintaining different sets of facilities for blacks and whites and enforcing them to remain separate that there was no reason to force the city to reopen the swimming pools. They felt that it was constitutional because the city showed that integrated pools could not be maintained safely and economically.

What did the appellate court rule? Did it agree with the trial court (affirm) or disagree (reverse)?

Copyright laws in regards to music should be repealed. The RIAA has misconstrued the perceived effects staring had on artist development and revenue, when in fact the perceived financial short-comings of downloading and peer-to-peer sharing are actually made up through concert-revenue and merchandise-revenue.

 The theory is that 2 people can create exact or similar works without copying

Intellectual property are the legal rights (control and ownership) of creations, such as ideas; inventions; designs, etc. for the use in commerce (Bainbridge, 2012). Intellectual law in countries seeks to deter individuals or organizations from copying or capitalizing upon another’s work. The main areas protected by protect intellectual property law include: patent, copyright, trademark, and trade secret. Intellectual Property can be categorized under the following:

Technology is now the foundation to any society and in America; digital products (mp3 files, videos, books, etc.) are protected as intellectual property. Theft of any intellectual property would have similar (and in some cases more severe) consequences as stealing a car or shoplifting, however, some countries that fall behind in the development of intellectual property can easily steal digital products and produce them for a much cheaper and easier rate of production. One such country is China, which has indirectly stolen billions of dollars for the American economy by either replicating or developing products that America invented. America has tried to engage the Chinese to try to stop such theft, but while doing so may have surpassed

The major facts which I noticed regarding the case are as follows. These facts would help us in giving the recommendations and identifying various issues in the case.