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- Explain the factors weighed by courts to determine whether the fair-use doctrine provides a valid defense to a claim of copyright infringement.
Describe the nature and classifications of property.
-
- Explain the difference between real property, personal property, and intellectual property.
- Which one would you rather own? Explain why.
- Provide an example of each.
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- Which of the following is true of patents? Patent law is enacted by the Congress under the power given by Article V of the Constitution. A patent gives an inventor exclusive rights to make, use, or sell an invention for twenty-five years. Processes may be patented but not machines. A composition of matter is found in nature and can be patented. A design patent gives the owner exclusive rights to use the design for fourteen years.Sony Corporation manufactured and sold home video recorders, specifically Betamax videotape recorders (VTRs). Universal City Studios, Inc. (Universal), owned the copyrights on some programs aired on commercially sponsored television. Individual Betamax owners frequently used the device to record some of Universal’s copyrighted television programs for their own noncommercial use. Universal brought suit, claiming that the sale of the Betamax VTRs to the general public violated its rights under the Copyright Act. It sought no relief against any Betamax consumer. Instead, Universal sued Sony for contributory infringement of its copyrights, seeking money damages, an equitable accounting of profits, and an injunction against the manufacture and sale of Betamax VTRs. Explain whether Universal will prevail in its action.Allen, a teacher, copied pages from a published novel for study by the members of his literature class. Has she infringed the copyright?
- the major federal legislation in Canada that defines illegal practices, including price fixing, bid rigging, price discrimination, predatory pricing, double ticketing, resale price maintenance, bait and switch selling, and pyramid selling occurs when false or deceptive comparisons or distorted claims are made concerning a competitor's product, services, or property comprise principle and standards that guide behaviour in the world of business may be incurred when an unfair and untrue statement is made about a competitor in writing the statement becomes actionable when it is communicated to a third party and can be interpreted as damaging the company the foundation for partnering-style relationship, product, customer, and presentation strategies an attempt to influence the person receiving the "gift"prohibits joining a competing firm for a year after they leave mutual exchange of benefits, as when a firm buys products from its customer the buyer wants to do business with an institution…Warranty and strict liability represent two causes of action, often relied upon by plaintiffs who pursue recovery in a product liability case. Describe the two legal theories by making reference to the elements that need be proven; the obstacles with which a plaintiff may be confronted; the recoveries that be sought; and finally, the nature of the cause of action; hint from what discipline of law does each theory ariseRim Corporation makes tire rims that it sells to Superior Vehicles, Inc., which installs them on cars. One set ofrims is defective, which an inspection would reveal. Superior does not inspect the rims. The car with the defectiverims is sold to Town Auto Sales, which sells the car toUri. Soon, the car is in an accident caused by the defective rims, and Uri is injured. Is Superior Vehicles liable?Explain your answer. (See Strict Product Liability.)
- Stephen Glass made himself infamous as a dishonest journalist by fabricating material for more than forty articles for The New Republic and other publications. At the time, he was a law student at Georgetown University. Once suspicions were aroused, Glass tried to avoid detection. Later, Glass applied for admission to the California bar. The California Supreme Court denied his application, citing “numerous instances of dishonesty” during his “rehabilitation” following the exposure of his misdeeds. How do these circumstances underscore the importance of ethics?Determine which type of intellectual property law applies and whether it would, in fact, provide any remedy. Remember to identify and explain the elements necessary to claim protection as intellectual property, why you think those elements are or are not present, and what other information you would need to make this determination. William Writer has developed a great idea for a novel. It will feature a young magician named Henry Pryor who attends a special high school for magicians. Henry has many interesting friends and even searches for the Philosopher’s Rock. Karen Kitchens is a fantastic cook. Her best dish is fried chicken. Her fried chicken is so good that her friends suggest she start a restaurant. After some thought, Karen agrees. She plans to open Kitchen’' Fried Chicken, but because the name is a bit long she decided to shorten it to KFC. Her sign will be red and white and feature an image of Karen’s father, a white-haired old man with a goatee. Sandy Secretary works for a…Franchising is a business plan in which an owner (franchisor) permits a free operator (franchisee) to utilize its laid-out brand, items, benefits, and working framework in return for different charges, royalties, or continuous help. This plan empowers the franchisee to work their own business under the franchisor's laid-out brand and take advantage of its demonstrated plan of action, while the franchisor extends its image presence and gathers fees and royalties. Franchising is a typical technique for business development and can be tracked down in different ventures, including drive-through eateries, retail, auto, and numerous others. Type and Model of Franchise: When considering franchising your business, it's crucial to determine the type and model that best suits your business and its goals. There are several types and models to consider: a. Business Arrangement Establishment: Justification: This model is great on the off chance that you have a clear-cut business idea with a…
- In your role working as a paralegal or legal assistant for eHarbour, draft a memorandum to Daniel Hudson, the eHarbour general counsel, on how best to protect eHarbour’s intellectual property. Specifically, discuss the steps and benefits of safeguarding eHarbour’s intellectual property through: (1) registration of proprietary software developed by eHarbour with the U.S. Copyright Office; (2) applying for a registered trademark for the eHarbour name with the U.S. Patent and Trademark Office; and (3) protecting trade secrets with password protection and software encryption. (Please include introduction, conclusion and references)We know that copyright and patent is type of intellectual Property Right how you will create difference between them writes your answer with practical examples and Support your answer to write the example of Companies using them as Practical you can also add diagrams.What remedies can be taken if it breached.SPRINT is negotiating with Carly Rae Jepsen’s lawyers to use her copyrighted hit song “Call Me Maybe” in a commercial launching its new cell phone campaign. What is the intellectual property document that SPRINT will have to obtain from Carly Rae Jepsen? Explain the purpose of this document.