Thursday, December 16, 2010

Forced Choice

It is very easy to see who put in the effort on the final project.
Here is my list starting from the best to worst.
1.Melinda M. Terheide
2.Chelsea Elizabeth Lucero
3.Maria Feinla
4.Sean Anthony Lee
5.Renferd K. Angel
6.David Wayne Orton
7.Eduardo Valencia
8.Chase M. Schmidt
9.Daniella Erin Casey
10.Everett Warren Chambers
11.Brett Carol Howard
12.Raymond Hartley
13.Tyrone Hardy
14.Jake Charles Cordova
15.Keith Hasson
16.Kristen Hayford
17.Osvaldo Lopez
18.Cary Keola Smith
19.Randi J. Spencer
20.Richard Michael Silvera
21.Edwin Jess Hernandez
22.Charles Edward Ferreira
23.Robert B. Bowman
24.Eric D. Beymen

My Opinion

My Own Opinions
I was very surprised to hear how simple intellectual property law are compared to other types of law. For the most part there is no black and gray, and no loop holes. All the intellectual property laws are in place to protect the art and right of artists. All laws are made to protect an individual but with intellectual property law there is a smaller margin for interpretation. I had such a hard time finding the right lawyer, but in the end i got the answers I was looking for. I did agree with the answers that Neil Friedman gave me. I think intellectual property laws were written correctly. There are laws here in America where some groups might agree or disagree but intellectual property laws are supported by any person trying to protect their creations. In my opinion the continued use of your mark is a great way to establish rights to your intellectual property. "A mark that is continuously used for five years after placing them on the federal Principle Registrar may qualify as "incontestable". That means that the mark may no longer be challenged by another on the ground that it is too weak to warrant legal protection" (Nolo Pg. 405).
One thing that that an intellectual property creator must keep an eye for is counterfeiters. "Counterfeit is the act of making or selling lookalike goods or services bearing fake trademarks, for example, a business deliberately duplicating the Adidas trademark on shoes" (Nolo Pg. 405). Stay informed and always protect your intellectual property.

Rule of Law

Rule of Law
Sometimes cases that may seem to be very simple to one side may end up costing them. Earlier this year there was a case dealing with trademark infringement between fashion giant Lacoste and Baker Street clothing. Baker street clothing is a european clothing company that used a crocodile logo on their clothing, Lacoste argued that it could cause confusion with their famous alligator. The case started almost five years ago, Lacoste initially won the case. Baker Street Clothing is a relatively small clothing company that appealed the case and eventually won. The case was very interesting to me because the whole case was based on wether the public would confuse an alligator with a crocodile. To Lacoste it seemed very simple but it ended up costing them. Baker Street Clothing won the case and now they are free to produce their clothing on a large scale. Baker Street Clothing is now in contract negotiations with retailers to begin selling their product. The lawyer Neil Friedman that answered my questions was clear in explaining how to interpret them. It is crucial that none of the intellectual property laws are taken lightly because it can end up costing you. In some cases like the Lacoste vs. Baker Street Clothing it can come down to how the law is interpreted. "All art works are protected under copyright" (Nolo Pg. 321). Certain visual art that is produced in a single copy or limited edition of 200 copies or fewer signed and numbered copies receives special protection under an amendment to the Copyright Act known as the Visual Artists Rights Act" (Nolo Pg. 321). Always protect your creations by signing, dating, and placing the copyright mark by your intellectual property. In certain cases it is possible to have the individual infringing your creation pay your attorney fees. "The Lunham Act authorizes the court to award attorney fees only in cases of "Exceptional" infringement" (Nolo Pg.395). Characters such as a company mascot should also be trademarked because they can be used to represent the company without displaying the name. Mickey Mouse is a great example because it is a highly recognizable character that represents the disney company. Always be diligent.

Reasoning of the Law

Reasoning of the Law
Although intellectual property law can be interpreted as the person that created the intellectual property has the exclusive rights to it, laws might differ slightly in different states. It is very important to to stay informed about your local area and law ion areas where you conduct business. Subject matter is the basic understanding of copyright law, "Copyright protection subsists, in accordance with this tittle, in original works of authorship, fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, ether directly or with the aid of a machine or device" (Nolo Pg. 358). It is very important to understand the difference between copyright and trademark. A copyright gives rights to the creator of intellectual property. Lawyers must have an understanding of copyright infringement. "Infringement of a copyright can be treated as a federal crime under the Copyright Act if it is done intentionally and with full knowledge that and infringement is occurring" (Nolo Pg. 240). A defective copyright notice can be a defense that copyright infringement did not occur. "Until March 1, 1989, works published in the united states needed a copyright notice in order for the copyright to remain in force" (Nolo Pg. 243). Another defense to copyright infringement includes, "the allegedly infringing work was independently created" (Nolo Pg. 243). In my opinion the most common defense is that "the use was authorized" (Nolo Pg. 243). The lawyer that helped me was very informative. Intellectual property law is in place to protect the rights of creative individuals, in some cases technicalities can make it impossible to reach justice. He explained that its always important to stay on top of protecting my creations to keep them from slipping into public domain. Not being diligent and neglecting your intellectual property will lead to losing rights to your creation.

Intellectual Law Questions

The Questions
I think I had an advantage in the questions that were available to me because of the field that I am in. I decided to include these particular questions because in the field of fashion you deal with photography, audio, and video.

1. What images and creations can be used as trademark or copyright?
Any original creation can be copyrighted and trademarked to be protected under intellectual property law.


2. When using original music at a fashion show, how do I keep people from using it without my consent?
If the work is registered with the with the copyright office it will be easier to protect it and keep people from using it without authorization.

3. If I find out someone has been using my images for several years what action can I take?
There is a statue of limitations on the actions that can be taken. You can keep someone from the continued use of your creations. In some cases you might not be able to recover monetary damages.
4. If I contract an artist to create an image, do I have exclusive rights to the work?
If it states in the contract the the work is property of your business you are entitled to the intellectual property.
5. If I create an image on a shirt and someone uses for monetary gains without being successful what can I do?
Because it is my creation I can keep anyone from duplicating it, and I can also sue for damages.

6. What actions should I take immediately after finding out someone is using my creation?
Issue an order by the courts demanding that the immediately stop the use of your creations.

7. Someone has taken on of my creations but has changed it slightly to make it their own creation?
If it is obvious that the image came from your original piece, it is possible to take immediate legal action.

8. Is there a limit to how much money i can sue for if someone steal photos of my fashion show.
There is no limit to how much money you can sue for, but it must be a reasonable amount.

9. What can I do if someone steals my work before i can copyright it?
It is still your creation and you are still entitled to the rights if you can prove you created it.

10. What creations fall under certain intellectual property law?
Your company name or logo falls under trademark, and original creations fall under copyright law.

Legal Authority

Legal Authority
After a few weeks of desperately trying to contact a lawyer I finally made progress with a lawyer named Neil Friedman. I started out by making a few call and emailing several law firms. They started out very polite as if they were really interested in what i had to say. Several lawyer and firms were asking for compensation of up too 300 dollars. Many of the law firms refused to return my calls unless I was willing to pay for the official consultation. I was shocked at how many lawyers weren't willing to take a few minutes to answer just a few questions. I came into contact with a few lawyers that were willing to help but ended up to busy to call me back. I also had situations were i would call them several types and would keep getting the same answer that they were in a conference call. I actually called a few places to the point were they could have saved the both of us a lot of time and frustration if they just quickly answered my questions. After a few week I ran into an add online and I thought I would give it one last chance before I decided to give in to the frustration. A man named Jim Nielsen answered my email and helped me get into contact with a intellectual property lawyer named Neil Friedman. Every member of the firm was very polite and more than willing to take the time out to give me some help. They were friendly and seemed to be more interested in helping me and building a relationship than trying to make a quick dollar. Many lawyer are money hungry but you do occasionally run into a lawyer that legitimately wants to make a difference.

Week 10 EOC Robert Kearns vs. Erin Brokovich

Robert Kearns vs. Erin Brokovich

I think the movie with Robert Kearns was a bit more intense than the Erin Brokovich. I think the Robert Kearns story was a little bit easier to relate too. I believe you can connect with the character because we have all been in impossible situations where someone has done us wrong. We all have situations where we knew we were 100 percent right but no one seemed to care. I think I can relate to being in a position where there was no way out, and in the end, I wasn't better off than i was in the beginning. I am happy that in the end he got what he was after. He won 1o million dollars, but most importantly, by finding GM guilty it proved that he was telling the truth all along. I think that they admitted their guilt when they offered him 30 million dollars. I believe that the every company should have to pay him for using his technology in their cars. My favorite part about the case is that he represented himself in the final trial and he was successful. The Erin Brokovich story was inspirational because it shows that you can be successful in a tough situation. I think that the case was also intense because the company involved in the case actually got people seriously ill. The fact that they were trying to keep the contaminated water under wraps meant that they were willing to continue letting them drink the infected water. It says a lot about a company when they are willing to let someone get sick and potentially die. They also placed the rest of the family in danger by not reporting the contaminated water. They were both interesting cases but I was more interested with the Robert Kearns story because there were less lawyers involved.

Thursday, December 9, 2010

Week 10- Lawyer Jokes

What do you call 5000 dead lawyers at the bottom of the ocean?
A good start!

How do you tell if it is REALLY cold outside?
A lawyer has his hands in his own pockets
www.lawyer-jokes.us

A new client had just come in to see a famous lawyer.
"Can you tell me how much you charge?", said the client.
"Of course", the lawyer replied, "I charge $200 to answer three questions!"
"Well that's a bit steep, isn't it?"
"Yes it is", said the lawyer, "And what's your third question?"
brainden.com/lawyer-jokes.htm

Q: What's the difference between a Catfish and a lawyer?
A: One is a scum sucking bottom dweller, and the other is a fish.
www.funnyandjokes.com/short-lawyer-jokes.html

Thursday, November 18, 2010

10 Lawyers and Web Sites

Dozier Internet Law, P.C. Nationwide www.cybertriallawyer.com
Skinner, Watson & Rounds, P.C. Las Vegas, NV www.sswlegal.com
Michael P. Kimbrell, Ltd. Las Vegas, www.michaelpkimbrelllaw.com
Morishita Law Firm, L.L.C. www.morishitalawfirm.com
John Peter Lee, Ltd. Las Vegas, www.johnpeterlee.com
Kring & Chung Attorneys, L.L.P. Las Vegas, www.kringandchung.com
Weide & Miller, Ltd.weidemiller.com
Weiss & Moy, P.C., www.weissiplaw.com
Philip A. Kantor, P.C., thekantorlawfirm.com
Greenberg Traurig, LLP, www.lawyers.justia.com

Intellectual Property Questions

1.When using original music at a fashion show, how do I keep people from using it without my consent?
2.If I find out someone has been using my images for several years what action can I take?
3.If I contract an artist to create an image, do I have exclusive rights to the work?
4.If I create an image on a shirt and someone uses for monetary gains without being successful what can I do?
5.What actions should I take immediately after finding out someone is using my creation?
6.Someone has taken on of my creations but has changed it slightly to make it their own creation?
7.Is there a limit to how much money I can sue for if someone steal photos of my fashion show?
8.What can I do if someone steals my work before I can copyright it?
9.What creations fall under certain intellectual property law?
10.What images and creations can be used as trademark or copyright?

Thursday, November 11, 2010

Week 6 EOC Illicit

I think that the National Geographic documentary Illicit really opened the eyes to a lot of people of how far organized crime can reach. I believe that many people have purchased some sort of counterfeit items, but don’t think about what they are supporting by buying those items. I have known for a long time that you support organized crime when buying fake items. Something that I did not realize is the global scale on which these actions are taking place. I doubt that there wills any significant impact on illegal trade until major countries unify to make a substantially large effort. I think the community as a whole should try to inform the public more about what the effects of buying fake items can have. Even buying something like an illegal DVD can go a long way in supporting crime. People need to realize that all the little action they take can have a real impact right at home. People put their community in danger every time they choose to look for a bargain in a place where they know illegal items are sold. One aspect of the documentary that I didn’t know is how people cleaned dirty money. Buying property is a technique that criminals use to launder money. Investing in property has huge profit margins because they use the technique to clean their money, they can then in return sell the property and make even more profits. Everything that is a movement in crime happens on a grand scale. A lot of people also didn’t know that medicine is also a product that can be made illegally. Making fake medicine can be dangerous and can sometimes kill people. I hope that more people can open their eyes and see that everything they do makes a difference in the world.

Thursday, November 4, 2010

Week 5 EOC

The “Lawyers Looking for Fame” article is just another example of lawyers looking out solely for their own interests. Lawyers give themselves a bad reputation by constantly making themselves look as if the cases of the people they are representing are not as important as their own agenda’s. People see lawyers as parasites, because they can very likely hurt the people they represent in court. In the articles it mentions that there are lawyers that take up cases free of charge just so they can earn prestige by working on a high profile case. When a layer chooses to represent someone on the mere fact that the issue is getting a lot of attention, is when an individual should realize that the lawyer doesn’t have their best interest in mind. In the article it points out that the lawyer ended up losing the case and also directly hurt other rulings all over the country. The case also affected cases all over the United States, and specifically California which has a large number of illegal immigrants. This is a quote that every lawyer should stand “Laws should be like clothes. They should be made to fit the people they serve” by Clarence Darrow (thinkexist.com). If lawyers looked out for the interest of the people instead of their own, the country would be a much better place to live. Lawyers seem to cause more controversy than they actually resolve. “It is better to be a mouse in a cat's mouth than a man in a lawyer's hands” is a well known Spanish proverb according to allgreatquotes.com. I think the previous quotes correctly describe how some people might feel when they are in the hands of their lawyers.
“A successful lawsuit is the one worn by a policeman” by Robert frost. I agree that the only successful lawsuit is one worn by a police officer because all high profile cases end with one half of the nation wondering and the other half questioning.

Death Race Jeapordy

Today playing death race jeopardy has been a new and interesting experience. At first I found it to be a little difficult because I had to search through huge section of definitions. After a few rounds of getting to know my first team I started to get more familiar with the book and definitions. I actually started to contribute heavily to the team’s answers because the game made it much easier to remember such complex names, definitions, acronyms, and tittles. My team was lucky enough to win two rounds earlier in the day. It was fun because it allowed me to meet new students and interact in a team oriented manner. It also made it interesting when we started dividing and switching teams which allow good players to move to other teams. Dividing the teams also made it difficult because good players like to gather in a single group so they are more likely to win. It was very difficult to try to compete with a group that has a better understanding of the definitions and their placement in the book. My favorite part of the entire activity is that it allowed us to learn because definitions are being repeated so they are more likely to be remembered. It made learning fun and exciting. Every question is another chance to jump up and try to outplay the other teams. Some strategizing also came into play when trying to keep the other teams from seeing the answers. I learned that misusing a patent can lead to losing the right to owning an invention. One thing that I found very interesting about a patent law is that if you don’t consistently protect your patent, you can lose it to public domain. My favorite thing about the patent application process is that as soon as you submit your patent application you can claim “Patent Pending”.

Thursday, October 21, 2010

Week 3 EOC

This class started out as a challenge for me because I am just beginning to learn how to use social networking and how important it can be. Working with computers and fixing problems isn’t s something that I am experienced with. Managing multiple sites is an issue I am finally able to figure out. I am starting to see social networking as an opportunity because it allows me to get make connections with people that I wouldn’t meet under regular circumstances. I also see the lectures as an opportunity because one of my mail goals is to own my own clothing line which deals with copyright, and trademark law. In my field of work I will be able to use any bit of information I learn and apply it to everyday use. Another challenge I have been working on is my learning techniques. I am a person that is used to hand on learning, but for this class I am learning to get accustomed to learning from lectures. I see now that learning from lectures allows me to learn much more information that I normally would. One aspect of this class that I am enjoying is learning to stay focused while working on multiple projects at the same time. Another thing that I consider an opportunity is to learn techniques from students from different fields. One thing that will benefit me is learning law in a field other than my own because I might come across a situation in my industry where I might need to know another law. In the fashion industry a person is expected to work with different industry professionals, so I must be able to understand the policies of another person’s field. Contracts and negotiations is a great opportunity for me to grow as a Professional.

Thursday, October 14, 2010

EOC Week 2


Most people have a certain way that they see lawyers and it usually isn’t very good. I have my own interesting opinion about lawyers. As individuals I would categorize them as parasites because in order for them to be successful is to make money out of the pain and suffering of others. As professionals, lawyers are smart in the way they can manipulate how someone see’s a law. Any good lawyers may act humble but deep down they must feel like they can defeat any opponent even if their stand might be immoral. In any situation a great lawyer can get you what you want out of any situation. You  hate them when you see them but you love them when you need them.

Voice

My name is Eduardo Valencia and I have been a part of the fashion industry since 2007. I have gained an immense amount of knowledge and understanding of the fashion world. I started out like most people in the fashion industry as a part time sales associate. I began as a sales associate at a mid level shoe store hoping to gain experience that will allow me to move up in the company. In the beginning I began learning the basics such as stock room maintenance, product knowledge, and proper costumer serve. I have found that keeping track of merchandise is essential for the job and to keep good customer serve. Always being up to date on the latest trends and knowing the product is important when trying to maintain a reputation as an individual and an organization. I have made myself an expert in customer serves because repeat costumers are vital to maintain a successful business. It didn’t take me long to get promoted to a more fashion trendy branch of the company. I have experience working with many cultures and influential people from all over the world.