Its unfortunate that we must rely on teamwork in our society. What I mean by this is there’s just no way a person can design a new product that can be sold and at the same time represent themselves in a court of law if infringements occur. Since we must play nice with lawyers while they interpret the law for us, usually we get the short end of the stick. Meanwhile, I’ve learned (from this class) that lawyers don’t take on a case unless they think they can win, and when they do will they’ll take upwards of 40% of the settlement.
Living in a capitalistic society really sickens me that we can be so cut throat all in the name of making more money. It seems that money truly is the root of all evil. When there is many hands in the pot (so to say), it can get messy quickly and legal mumbo jumbo can take a while to sort through and interpret.
I agree with the idea that laws should, and do in fact protect us. However I also must say that just because we have laws doesn’t mean that justice prevails all the time. Every situation is unique and I can’t speak for them. I can say that learning about intellectual property was huge for me as a designer, and has done nothing short of make me a bit nervous about being a successful designer.
Friday, December 10, 2010
Rule of law -- a concise summary
According to the book by NOLO, the best way to protect your own intellectual property is through patents, copyrights and trademarks. “Intellectual property rights are often divided between functional elements (protected by utility patents and trade secrets) and nonfunctional elements (protected by trademarks, copyrights, and design patents)” (Patent, Copyright & Trademark. Nolo 11th Ed. p8). The best way to figure out if you have a piece of intellectual property is to simply ask yourself if “accomplishes a task or goal or is it done primarily to appeal to the senses or provide information or entertainment” (Patent, Copyright & Trademark. Nolo 11th Ed. p8).
The textbook cites many resources for patents, trademarks and copyrights. Ultimately, if you feel as if your intellectual property has been infringed upon, it is your responsibility to take the appropriate action, this is known as “infringement action’ (p 77). Most importantly, the infringement action lawsuit “actions must be filed in the U.S. District Court within a maximum of six years after the date the infringement occurred- or sooner, if a delay in filing would obviously cause undue hardship to the defendant” Patent, Copyright & Trademark. Nolo 11th Ed. p77).
Copyrights and trademarks have similar types of laws that govern how the ownership is enforced. All three types of securing your intellectual property can be reexamined. In fact, “the U.S. Patent and Trademark Office (USPTO) may hold a formal proceeding which it reexamines an in-force patent to determine whether newly cited prior art references adversely affect the validity of the patent (trademark and copyright) (Patent, Copyright & Trademark. Nolo 11th Ed. p125).
If your asking yourself why does any of this matters, it does. The reason we protect ourselves as designers is so we may control who owns the exclusive license to our products. This is important because that person/company can “exploit” the invention and make money with it. As designers, this is how we can earn a lot of money for our hard work.
The textbook cites many resources for patents, trademarks and copyrights. Ultimately, if you feel as if your intellectual property has been infringed upon, it is your responsibility to take the appropriate action, this is known as “infringement action’ (p 77). Most importantly, the infringement action lawsuit “actions must be filed in the U.S. District Court within a maximum of six years after the date the infringement occurred- or sooner, if a delay in filing would obviously cause undue hardship to the defendant” Patent, Copyright & Trademark. Nolo 11th Ed. p77).
Copyrights and trademarks have similar types of laws that govern how the ownership is enforced. All three types of securing your intellectual property can be reexamined. In fact, “the U.S. Patent and Trademark Office (USPTO) may hold a formal proceeding which it reexamines an in-force patent to determine whether newly cited prior art references adversely affect the validity of the patent (trademark and copyright) (Patent, Copyright & Trademark. Nolo 11th Ed. p125).
If your asking yourself why does any of this matters, it does. The reason we protect ourselves as designers is so we may control who owns the exclusive license to our products. This is important because that person/company can “exploit” the invention and make money with it. As designers, this is how we can earn a lot of money for our hard work.
Reasoning of the Law -- analysis of the thinking process and logic
My contact was very thorough in her responses to my questions; in which she partnered with a fellow law graduate. In an effort to ease the translation, I have resorted to copy and paste: Enjoy!
What is the best way(s) to protect your intellectual property?
The form of protection depends on the work. Generally, you should seek a trademark for a name, symbol or other device that distinguishes your product. Apply for a patent if you have made an invention or discovery that is new, non-obvious and useful. If you have produced an original work of authorship in a tangible medium of expression, such as a book, computer program, visual artwork or motion picture, copyright is the appropriate protection. Information that you keep confidential for the health of your business, such as a formula or source code, may find protection as a trade secret.
Where do you recommend a designer look for a template of how to write a contract?
While google has an endless array of decent links for template contracts, it would be worthwhile for a designer to invest in using an attorney to draft their initial contract that he would be using with clients. A standard contract could be helpful for a designer if they are doing substantially the same work with all of their clients. And, ensuring that the initial contract was tailored to the designer's needs is vital.
When is it necessary to trademark intellectual property?
You may apply for registration of a trade or service mark after you use a mark on a product on in promotion of a service performed "in commerce". In commerce, simplified, mean for advertising and/or sale to customers. You may also register your company's intention to use a mark prior to its use and the complete application with a sample of its use in commerce.
How can I prove that there has been an infringement on my copyright?
To prove that someone infringed on your copyright you must show actual copying of protected material that has led to substantial similarity between the infringing work and your copyrighted work.You can prove copying if there is direct or indirect evidence that someone took material from your work.
Are there specialized courts in the United States that hear intellectual property claims?
The US does not have courts that are exclusively dedicated to hearing intellectual property matters. Rather, intellectual property claims are usually brought in federal district court to be presided over by that court's judge. While these judges are not charged with the specific knowledge of intellectual property matters, many have become intimately familiar with the principles and issues involved.
Is Nevada an “employment at will” (ie. right to work) state? If so, do you agree with an employee signing a non-compete agreements?
Nevada is an "employment at will" state. This means that an employer can fire whoever they want, when they want, for whatever reason they want, with limited exceptions, as long as it is not for a discriminatory purpose. The two main exceptions are when an employee is covered by a collective bargaining agreement or have a written contract for employment. A non-compete should only be signed by an employee as a bargained for agreement. It is the employee's right to work for whomever they want. Therefore, if an employee agrees to not work for a competitor they should be receiving some sort of compensation for it in return.
What is the first step someone should take if or when they find someone else using their intellectual property without permission?
I’d recommend writing a letter pointing out your ownership of the intellectual property and asking if they are aware they are using exclusive material. Most infringements stop at this point.
If an interior designer specs out a specific piece of furniture or flooring, and the item injures someone. Can he or she be held liable?
For the interior designer to be liable, he would have to have foreseen the injury, that is, have been aware of the likelihood of an accident and disregarded such likelihood. This is unlikely, at best. However, I know many interior designers that sell the furniture the spec. out. If the interior designer sells it, the interior designer is absolutely open to liability as the retailer in a products liability case. Of course, the manufacturer should indemnify the reseller, but that is not always certain. Additionally, this raises a point that is of greater concern than whether you "can" be held liable, but rather whether you will be sued. Whether or not the furniture was foreseeably dangerous, if furniture you spec. out was built shabby by the manufacturer, who will ultimately be found liable, you are likely to be sued regardless. Thus, this question is really one of general liability. To ensure the designer is not liable, the designer should be working under an LLC or "S" corp and not as a sole proprietor or fictitious name. Since interior designers are service oriented, there are no tax advantages to being a corporation, and thus, should be an LLC. (Easy to set up). Additionally, this question goes hand in hand with the contract question below. It should be a provision of the contract that the designer does not warranty the safety or use of any furniture spec.'d out, but rather makes such choices for aesthetic reasons only and that the client is ultimately responsible for ensuring the proper safety and precautions of any specified pieces. Furthermore, the contract should contain a provision that requires the client to indemnify the designer for any suits that arise from the agreement. (Sorry, more than one or two sentences)
If I propose a design for a potential client and they refuse the design but use it regardless what can I do?
If they use your design, they have infringed on your copyrighted work. One does not need to actually file a copyright to gain the rights of ones own work.
Do you know the rough percentage of cases that are found in favor of the original creator concerning intellectual property?
I have no idea and am unaware of any system to track such. Both my friend mike and I had no idea on this one. Sorry.
In design, how much of a percentage of change do two similar products have to be in order to avoid a lawsuit?
Fair use only allows for de minimis use of a person's intellectual property. For a person to avoid lawsuit, the official statement is that the differences must be significant enough for the new design/product/etc.. to be considered a separate, new, or distinguishable design. Fair use only allows for a small enough portion of a persons protected property to be used in a manner that the protected work as a whole cannot be seen from that which is used. (Think of the Coldplay music controversy...that one is close one, I think) For instance, a collage of many pictures from many different photos, where only the face of a person in the photo is used would be fair use, but not if enough of the picture was to be able to tell it came from a particular picture.
What is the best way(s) to protect your intellectual property?
The form of protection depends on the work. Generally, you should seek a trademark for a name, symbol or other device that distinguishes your product. Apply for a patent if you have made an invention or discovery that is new, non-obvious and useful. If you have produced an original work of authorship in a tangible medium of expression, such as a book, computer program, visual artwork or motion picture, copyright is the appropriate protection. Information that you keep confidential for the health of your business, such as a formula or source code, may find protection as a trade secret.
Where do you recommend a designer look for a template of how to write a contract?
While google has an endless array of decent links for template contracts, it would be worthwhile for a designer to invest in using an attorney to draft their initial contract that he would be using with clients. A standard contract could be helpful for a designer if they are doing substantially the same work with all of their clients. And, ensuring that the initial contract was tailored to the designer's needs is vital.
When is it necessary to trademark intellectual property?
You may apply for registration of a trade or service mark after you use a mark on a product on in promotion of a service performed "in commerce". In commerce, simplified, mean for advertising and/or sale to customers. You may also register your company's intention to use a mark prior to its use and the complete application with a sample of its use in commerce.
How can I prove that there has been an infringement on my copyright?
To prove that someone infringed on your copyright you must show actual copying of protected material that has led to substantial similarity between the infringing work and your copyrighted work.You can prove copying if there is direct or indirect evidence that someone took material from your work.
Are there specialized courts in the United States that hear intellectual property claims?
The US does not have courts that are exclusively dedicated to hearing intellectual property matters. Rather, intellectual property claims are usually brought in federal district court to be presided over by that court's judge. While these judges are not charged with the specific knowledge of intellectual property matters, many have become intimately familiar with the principles and issues involved.
Is Nevada an “employment at will” (ie. right to work) state? If so, do you agree with an employee signing a non-compete agreements?
Nevada is an "employment at will" state. This means that an employer can fire whoever they want, when they want, for whatever reason they want, with limited exceptions, as long as it is not for a discriminatory purpose. The two main exceptions are when an employee is covered by a collective bargaining agreement or have a written contract for employment. A non-compete should only be signed by an employee as a bargained for agreement. It is the employee's right to work for whomever they want. Therefore, if an employee agrees to not work for a competitor they should be receiving some sort of compensation for it in return.
What is the first step someone should take if or when they find someone else using their intellectual property without permission?
I’d recommend writing a letter pointing out your ownership of the intellectual property and asking if they are aware they are using exclusive material. Most infringements stop at this point.
If an interior designer specs out a specific piece of furniture or flooring, and the item injures someone. Can he or she be held liable?
For the interior designer to be liable, he would have to have foreseen the injury, that is, have been aware of the likelihood of an accident and disregarded such likelihood. This is unlikely, at best. However, I know many interior designers that sell the furniture the spec. out. If the interior designer sells it, the interior designer is absolutely open to liability as the retailer in a products liability case. Of course, the manufacturer should indemnify the reseller, but that is not always certain. Additionally, this raises a point that is of greater concern than whether you "can" be held liable, but rather whether you will be sued. Whether or not the furniture was foreseeably dangerous, if furniture you spec. out was built shabby by the manufacturer, who will ultimately be found liable, you are likely to be sued regardless. Thus, this question is really one of general liability. To ensure the designer is not liable, the designer should be working under an LLC or "S" corp and not as a sole proprietor or fictitious name. Since interior designers are service oriented, there are no tax advantages to being a corporation, and thus, should be an LLC. (Easy to set up). Additionally, this question goes hand in hand with the contract question below. It should be a provision of the contract that the designer does not warranty the safety or use of any furniture spec.'d out, but rather makes such choices for aesthetic reasons only and that the client is ultimately responsible for ensuring the proper safety and precautions of any specified pieces. Furthermore, the contract should contain a provision that requires the client to indemnify the designer for any suits that arise from the agreement. (Sorry, more than one or two sentences)
If I propose a design for a potential client and they refuse the design but use it regardless what can I do?
If they use your design, they have infringed on your copyrighted work. One does not need to actually file a copyright to gain the rights of ones own work.
Do you know the rough percentage of cases that are found in favor of the original creator concerning intellectual property?
I have no idea and am unaware of any system to track such. Both my friend mike and I had no idea on this one. Sorry.
In design, how much of a percentage of change do two similar products have to be in order to avoid a lawsuit?
Fair use only allows for de minimis use of a person's intellectual property. For a person to avoid lawsuit, the official statement is that the differences must be significant enough for the new design/product/etc.. to be considered a separate, new, or distinguishable design. Fair use only allows for a small enough portion of a persons protected property to be used in a manner that the protected work as a whole cannot be seen from that which is used. (Think of the Coldplay music controversy...that one is close one, I think) For instance, a collage of many pictures from many different photos, where only the face of a person in the photo is used would be fair use, but not if enough of the picture was to be able to tell it came from a particular picture.
The Questions: What are the legal issues?
The questions that I chose for my final project of the class Contracts, Negotiations and Copyrights, all have to do with the topic of intellectual property. Since I am graduating with my BA of Interior Design, the questions I have proposed are not only appropriate for my field of study, but explicitly pertain to issues that will arise while I am working in my field. “Typically, intellectual property encompasses creative works, products, imagery, inventions, and services and is protected by patent, copyright, trademark or trade secret law” (Patent, Copyright & Trademark. Nolo. 11Ed. p4).
The questions pertain to how I protect myself and my designs, contract and infringement issues and letters of non compete agreements. They are important to me because it’s how I plan on making a living doing what I love. “ The commercial value of IP work comes from the ability of it’s owner to control and exploit it’s use” (c).
I arrived at these questions after completing the in class exercise during Week 7, followed by using the www.heyheydaddio.com website to check out other students blog posts. Pulling from every students questions, I created my own list. The following are the questions I asked:
If an interior designer specs out a specific piece of furniture or flooring, and the item injures someone. Can he or she be held liable?
If I propose a design for a potential client and they refuse the design but use it regardless what can I do?
What is the first step someone should take if or when they find someone else using their intellectual property without permission?
What is the best way(s) to protect your intellectual property?
Do you know the rough percentage of cases that are found in favor of the original creator concerning intellectual property?
Where do you recommend a designer look for a template of how to write a contract?
When is it necessary to trademark intellectual property?
How can I prove that there has been an infringement on my copyright?
Are there specialized courts in the United States that hear intellectual property claims?
In design, how much of a percentage of change do two similar products have to be in order to avoid a lawsuit?
Is Nevada an “employment at will” (ie. right to work) state? If so, do you agree with an employee signing a non-compete agreements?
The questions pertain to how I protect myself and my designs, contract and infringement issues and letters of non compete agreements. They are important to me because it’s how I plan on making a living doing what I love. “ The commercial value of IP work comes from the ability of it’s owner to control and exploit it’s use” (c).
I arrived at these questions after completing the in class exercise during Week 7, followed by using the www.heyheydaddio.com website to check out other students blog posts. Pulling from every students questions, I created my own list. The following are the questions I asked:
If an interior designer specs out a specific piece of furniture or flooring, and the item injures someone. Can he or she be held liable?
If I propose a design for a potential client and they refuse the design but use it regardless what can I do?
What is the first step someone should take if or when they find someone else using their intellectual property without permission?
What is the best way(s) to protect your intellectual property?
Do you know the rough percentage of cases that are found in favor of the original creator concerning intellectual property?
Where do you recommend a designer look for a template of how to write a contract?
When is it necessary to trademark intellectual property?
How can I prove that there has been an infringement on my copyright?
Are there specialized courts in the United States that hear intellectual property claims?
In design, how much of a percentage of change do two similar products have to be in order to avoid a lawsuit?
Is Nevada an “employment at will” (ie. right to work) state? If so, do you agree with an employee signing a non-compete agreements?
Legal Authority: How I made contact
Choosing the right lawyer is an extremely important decision made on part by the designer seeking legal advice. Lawyers actually specialize in Intellectual Property (referred to as IP) Law. Since the IP laws seemingly overlap, it is important to interview numerous lawyers to find the right one who has experience in the specific issue facing your IP.
The book I’ve used as my “home base”, Patent, Copyright & Trademark. Nolo. 11Ed., has stated that no only does an IP Lawyer need a law degree, but they “are required to have a technical higher education degree as well as a legal background and must pass a USPTO examination in order to obtain their license” (Patent, Copyright & Trademark. Nolo. 11Ed. p104). The book suggests I use the listing on their website (www.nolo.com) appropriately titled: “Attorneys and Agents Registered to Practice Before the U.S. Patent and Trademark Office”, to find lawyers who are qualified to practice in IP law. This is where I obtained the majority of my potential contacts for this class project.
“The most well-known benefit of owning IP: the owner acquires exclusive rights and can file a lawsuit to stop others who use the property without authorization” (Patent, Copyright & Trademark. Nolo. 11Ed. p5). After calling numerous lawyers (see my lawyer list from week 7 in my blog) I was left with no responses. Seems they don’t return phone calls very easily. I quickly realized that I needed a new plan of attack and decided to interview my friend Jessica Pedraza. I choose Jessica because she graduated from the Law School at the University of Colorado earlier this year. Although she doesn’t have experience specifically practicing IP Law, I knew that she would be able to make very informed decisions in helping me answer some legal questions I had and help me complete this class project.
The book I’ve used as my “home base”, Patent, Copyright & Trademark. Nolo. 11Ed., has stated that no only does an IP Lawyer need a law degree, but they “are required to have a technical higher education degree as well as a legal background and must pass a USPTO examination in order to obtain their license” (Patent, Copyright & Trademark. Nolo. 11Ed. p104). The book suggests I use the listing on their website (www.nolo.com) appropriately titled: “Attorneys and Agents Registered to Practice Before the U.S. Patent and Trademark Office”, to find lawyers who are qualified to practice in IP law. This is where I obtained the majority of my potential contacts for this class project.
“The most well-known benefit of owning IP: the owner acquires exclusive rights and can file a lawsuit to stop others who use the property without authorization” (Patent, Copyright & Trademark. Nolo. 11Ed. p5). After calling numerous lawyers (see my lawyer list from week 7 in my blog) I was left with no responses. Seems they don’t return phone calls very easily. I quickly realized that I needed a new plan of attack and decided to interview my friend Jessica Pedraza. I choose Jessica because she graduated from the Law School at the University of Colorado earlier this year. Although she doesn’t have experience specifically practicing IP Law, I knew that she would be able to make very informed decisions in helping me answer some legal questions I had and help me complete this class project.
Thursday, December 9, 2010
Week 10 EOC: Erin Brocovich vs. Robert Kearns
Both of these movies showed explicitly how large corporations can take advantage of those in society. It’s really a shame that these corporations use their lawyers and vast amounts of money to bury others who could be considered disenfranchised, under paperwork and nonsense. It should be pretty clear that, for example in the movie Flash of Genius, he invented the intermittent windshield wipers. Ford Motor Company stole his idea, and only after twenty years of litigation finally got a settlement in his favor. The trials in both of the movies Erin Brochovich and Flash of Genius lasted for years. The main characters involved both portrayed real life people who took on large corporations to fight for what they believed in. I understand the passions both felt towards their ideas and can sympathize with them. Once again, it’s a shame that lawyers aren’t all fighting for the truth, they instead fight for whoever will pay them. Since both movies had very strong cases to fight in a court of law, it’s no wonder that there was a clear divide between which side of the fence the characters were on. Both the characters of Erin and Robert, were fighting for what they believed in and for justice. I hope that I never have to defend myself against the giants that Robert and Erin took on in the movies.
Week 10 BOC: Lawyer Jokes
http://www.101funjokes.com/lawyer_jokes.htm
A man phones a lawyer and asks, "How much would you charge for just answering three simple questions?" The lawyer replies, "A thousand dollars." "A thousand dollars!" exclaims the man. "That's very expensive isn't it? "It certainly is," says the lawyer. "Now, what's your third question?"
Two small boys, not yet old enough to be in school, were overheard talking at the zoo one day. "My name is Billy. What's yours?" asked the first boy. "Tommy," replied the second. "My Daddy's an accountant. What does your Daddy do for a living?" asked Billy. Tommy replied, "My Daddy's a lawyer." "Honest?" asked Billy. "No, just the regular kind", replied Tommy.
A lawyer finds out he has a brain tumor, and it's inoperable - in fact, it's so large, they have to do a brain transplant. His doctor gives him a choice of available brains - there's a jar of rocket scientist brains for $10 an ounce, a jar of regular scientist brains for $15 an ounce, and a jar of lawyer brains for the princely sum of $800 an ounce. The outraged lawyer says, "This is a ripoff - how come the lawyer brains are so damned expensive?" The doctor replies, "Do you know how many lawyers it takes to get an ounce of brains?"
Children who never come when called will grow up to be doctors. Children who come before they are called will grow up to be lawyers.
Q: You're stranded in a deserted island with Attila the Hun, Adolf Hitler, and a lawyer. You have a revolver with two bullets. What do you do?
A: Shoot the lawyer twice!
It was so cold last winter that I saw a lawyer with his hands in his own pockets.
"You seem to have more than the average share of intelligence for a man of your background," sneered the lawyer at a witness on the stand.
"If I wasn't under oath, I'd return the compliment," replied the witness.
God decided to take the devil to court and settle their differences once and for all. When Satan heard this, he laughed and said, "And where do you think you're going to find a lawyer?"
A lawyer's dog, running about unleashed, beelines for a butcher shop and steals a roast. The Butcher goes to lawyer's office and asks, "if a dog running unleashed steals a piece of meat from my store, do I have a right to demand payment for the meat from the dog's owner?" The lawyer answers, "Absolutely." "Then you owe me $8.50. Your dog was loose and stole a roast from me today." The lawyer, without a word, writes the butcher a check for $8.50 [attorneys don't carry cash -- it's too plebeian -- and the butcher hadn't brought the shop's credit card imprinter to the lawyer's office]. Several periods of time later -- it could be the next day but that would be unrealistic -- the butcher opens the mail and finds an envelope from the lawyer: $20 due for a consultation.
What's the difference between an attorney and a trampoline? You take your boots off to jump on a trampoline.
A man phones a lawyer and asks, "How much would you charge for just answering three simple questions?" The lawyer replies, "A thousand dollars." "A thousand dollars!" exclaims the man. "That's very expensive isn't it? "It certainly is," says the lawyer. "Now, what's your third question?"
Two small boys, not yet old enough to be in school, were overheard talking at the zoo one day. "My name is Billy. What's yours?" asked the first boy. "Tommy," replied the second. "My Daddy's an accountant. What does your Daddy do for a living?" asked Billy. Tommy replied, "My Daddy's a lawyer." "Honest?" asked Billy. "No, just the regular kind", replied Tommy.
A lawyer finds out he has a brain tumor, and it's inoperable - in fact, it's so large, they have to do a brain transplant. His doctor gives him a choice of available brains - there's a jar of rocket scientist brains for $10 an ounce, a jar of regular scientist brains for $15 an ounce, and a jar of lawyer brains for the princely sum of $800 an ounce. The outraged lawyer says, "This is a ripoff - how come the lawyer brains are so damned expensive?" The doctor replies, "Do you know how many lawyers it takes to get an ounce of brains?"
Children who never come when called will grow up to be doctors. Children who come before they are called will grow up to be lawyers.
Q: You're stranded in a deserted island with Attila the Hun, Adolf Hitler, and a lawyer. You have a revolver with two bullets. What do you do?
A: Shoot the lawyer twice!
It was so cold last winter that I saw a lawyer with his hands in his own pockets.
"You seem to have more than the average share of intelligence for a man of your background," sneered the lawyer at a witness on the stand.
"If I wasn't under oath, I'd return the compliment," replied the witness.
God decided to take the devil to court and settle their differences once and for all. When Satan heard this, he laughed and said, "And where do you think you're going to find a lawyer?"
A lawyer's dog, running about unleashed, beelines for a butcher shop and steals a roast. The Butcher goes to lawyer's office and asks, "if a dog running unleashed steals a piece of meat from my store, do I have a right to demand payment for the meat from the dog's owner?" The lawyer answers, "Absolutely." "Then you owe me $8.50. Your dog was loose and stole a roast from me today." The lawyer, without a word, writes the butcher a check for $8.50 [attorneys don't carry cash -- it's too plebeian -- and the butcher hadn't brought the shop's credit card imprinter to the lawyer's office]. Several periods of time later -- it could be the next day but that would be unrealistic -- the butcher opens the mail and finds an envelope from the lawyer: $20 due for a consultation.
What's the difference between an attorney and a trampoline? You take your boots off to jump on a trampoline.
Thursday, November 18, 2010
Week 7 EOC: 10 Lawyers With Websites
Robert Ryan Morishita http://www.morishitalawfirm.com/
Steven Gibson www.gibsonlowry.com
Gold & Rizvi, P.A. http://www.idea-attorneys.com/
McCormick Barstow LLP http://www.mccormickbarstow.com/
Von Magdenko & Potucek, PLLC http://www.vplasvegaslaw.com/
Weiss and Moy P.C. clloyd@weisiplaw.com
Green Bergn Traurig LLP www.gtlaw.com/
Frank Bangs http://www.lrlaw.com/
Kelly Watson http://www.watsonrounds.com/
Russ Weinzimmer www.strategicpatentlaw.com/
Joseph L. Benson II, Esq. http://www.bensonbingham.com
Steven Gibson www.gibsonlowry.com
Gold & Rizvi, P.A. http://www.idea-attorneys.com/
McCormick Barstow LLP http://www.mccormickbarstow.com/
Von Magdenko & Potucek, PLLC http://www.vplasvegaslaw.com/
Weiss and Moy P.C. clloyd@weisiplaw.com
Green Bergn Traurig LLP www.gtlaw.com/
Frank Bangs http://www.lrlaw.com/
Kelly Watson http://www.watsonrounds.com/
Russ Weinzimmer www.strategicpatentlaw.com/
Joseph L. Benson II, Esq. http://www.bensonbingham.com
Week 7 EOC: Intellectual Property Questions
1. How do I best protect myself from someone else stealing my artwork/design?
2. What’s the first step to take if someone does steal my design?
3. Do you recommend I personally contact a company that I suspect has stolen my idea?
4. How different (percentage wise) does my design have to be than a similar one?
5. What common issues do designers usually overlook in protecting themselves?
6. Do you recommend a lawyer review my contracts before signatures are put on them by the parties involved?
7. Where do you recommend a designer look for a contract template?
8. Is it better to use a template or have a lawyer draft an original contract for my design?
9. If I die and have a patent pending, does it become public domain?
10. When is it necessary to trademark intellectual property?
2. What’s the first step to take if someone does steal my design?
3. Do you recommend I personally contact a company that I suspect has stolen my idea?
4. How different (percentage wise) does my design have to be than a similar one?
5. What common issues do designers usually overlook in protecting themselves?
6. Do you recommend a lawyer review my contracts before signatures are put on them by the parties involved?
7. Where do you recommend a designer look for a contract template?
8. Is it better to use a template or have a lawyer draft an original contract for my design?
9. If I die and have a patent pending, does it become public domain?
10. When is it necessary to trademark intellectual property?
Thursday, November 11, 2010
Week 6 EOC: Illicit
The film by National Geographic explaining the illicit trade of products around the world was very eye opening. I had no idea that this even existed in the world, nor how vast the epidemic spanned. It kind of made me feel bad for when I used to live in New York City and once bought goods off street corner vendors. Now I wonder what my money went to support. Perhaps terrorism or weapons of mass destruction; who knows?
It is beyond amazing to comprehend how the network of criminals work the world as their pawn to help move their end motives. The micro level of utilizing very poor people, to the people towards the upper echelon of cleaning the money shows just how organized the trafficking is. The film was really put together well and I want to recommend it to everyone I know.
The best part of the film on illicit trading was how the criminals clean the money. What an amazing idea it was to use cash to build real estate projects and then flip them for the clean money. It makes you wonder what other ways they use to clean the money. The saddest thought about secret illicit trading is the lives lost in the process. Whether it is the folks used to hock the products on the street, or the family struggling to make end meet who buy fake prescription drugs and end up dying due to complications. This epidemic, in my opinion will never cease. Instead we have to put out the fires, ie. Acts of terrorism, as they arise.
It is beyond amazing to comprehend how the network of criminals work the world as their pawn to help move their end motives. The micro level of utilizing very poor people, to the people towards the upper echelon of cleaning the money shows just how organized the trafficking is. The film was really put together well and I want to recommend it to everyone I know.
The best part of the film on illicit trading was how the criminals clean the money. What an amazing idea it was to use cash to build real estate projects and then flip them for the clean money. It makes you wonder what other ways they use to clean the money. The saddest thought about secret illicit trading is the lives lost in the process. Whether it is the folks used to hock the products on the street, or the family struggling to make end meet who buy fake prescription drugs and end up dying due to complications. This epidemic, in my opinion will never cease. Instead we have to put out the fires, ie. Acts of terrorism, as they arise.
Thursday, November 4, 2010
Week 5 EOC: Lawyers Looking for Fame
I have pretty strong feelings against lawyers, and after reading the article by Limpak it only served to fuel my fire. It is unfortunate, but doesn’t come as a surprise, that lawyers would take advantage of their client to help give themselves a leg up on other lawyers. “The Ethical Considerations are aspiration in character and represent the objectives toward which every member of the profession should strive. They constitute a body of principles upon which the lawyer can rely for guidance in many specific situations.” (http://www.law.cornell.edu/ethics) Using a client as a pawn in not in the best interest of the client and undermines the lawyers code of ethics.
In response to this heated topic of lawyers using their clients to achieve personal notoriety, Abeles wrote an article called Quite Desperation for his blog. “The upshot is not that clients should decline to add top Supreme Court practitioners when presented with the opportunity to put one to a case. Rather, it's that clients must do the homework. Think twice.” (http://quietdesperationblawg.blogspot.com/2010/10/supreme-court-practices-turks-clerks.html) Translated, Abeles is saying that the client seeking representation should try to evaluate if their “high priced lawyer who’s working for free” has any personal stakes behind the pro-bono work.
Usually these types of cases that lawyers are going after, represent a poor client. These clients typically don’t have much education and definitely can’t afford to hire a good lawyer. When you put these together, it’s a recipe for disaster. To use a metaphor, it is like partnerin an injured deer with a mountain lion; the deer is simply being slaughtered and has no power against the lion.
The solution might perhaps be to limit how a lawyer can collect his fee when representing a poor client’s high profile case to the Supreme Court. If a lawyer is limited on how much they can retain from a settlement, the questions begs, would an attorney ever take a chance to represent a client where after it’s all said and done the lawyers might not be compensated appropriately? “The decision leaves public interest advocates worried that it will become more difficult to find attorneys willing to take on important—but often far less lucrative—cases.” (http://www.aarp.org/politics-society/rights/info-04-2010/supreme_court_fee_bonuses.html) This is definitely a difficult question to answer, and does nothing but give lawyers a bad name. But then again, what’s new with that?
Works Cited:
Supreme Court Clarifies Fee Bonuses for Underdogs’ Lawyers. Yeager. 2010.
American Legal Ethics Library. http://www.law.cornell.edu/ethics/
Supreme Court Practice's Turks, Clerks, and Quirks. Blog: Scott Abeles. October 19, 2010.
In response to this heated topic of lawyers using their clients to achieve personal notoriety, Abeles wrote an article called Quite Desperation for his blog. “The upshot is not that clients should decline to add top Supreme Court practitioners when presented with the opportunity to put one to a case. Rather, it's that clients must do the homework. Think twice.” (http://quietdesperationblawg.blogspot.com/2010/10/supreme-court-practices-turks-clerks.html) Translated, Abeles is saying that the client seeking representation should try to evaluate if their “high priced lawyer who’s working for free” has any personal stakes behind the pro-bono work.
Usually these types of cases that lawyers are going after, represent a poor client. These clients typically don’t have much education and definitely can’t afford to hire a good lawyer. When you put these together, it’s a recipe for disaster. To use a metaphor, it is like partnerin an injured deer with a mountain lion; the deer is simply being slaughtered and has no power against the lion.
The solution might perhaps be to limit how a lawyer can collect his fee when representing a poor client’s high profile case to the Supreme Court. If a lawyer is limited on how much they can retain from a settlement, the questions begs, would an attorney ever take a chance to represent a client where after it’s all said and done the lawyers might not be compensated appropriately? “The decision leaves public interest advocates worried that it will become more difficult to find attorneys willing to take on important—but often far less lucrative—cases.” (http://www.aarp.org/politics-society/rights/info-04-2010/supreme_court_fee_bonuses.html) This is definitely a difficult question to answer, and does nothing but give lawyers a bad name. But then again, what’s new with that?
Works Cited:
Supreme Court Clarifies Fee Bonuses for Underdogs’ Lawyers. Yeager. 2010.
American Legal Ethics Library. http://www.law.cornell.edu/ethics/
Supreme Court Practice's Turks, Clerks, and Quirks. Blog: Scott Abeles. October 19, 2010.
Thursday, October 28, 2010
Week 4 EOC: Death Race Jeopardy
Having been on a game show for the Game Show network, I was pretty stoked to play the Death race Jeopardy game in class. The experience as a whole was pretty cool and engaged the entire class.
The game we played today was fun and informative. It gave us a chance to review patent information from out textbook and form teams to compete in the Jeopardy Game. It was tough at times because some people didn’t really ask easy question/answers in their game, so the class as a whole was scrambling to find the correct solution.
As part of critiquing the game, it was somewhat unfair because at the beginning the teams could cheat from each other and simply write down whatever the other teams answer was. We finally got more competitive and started writing small on the board so the other teams couldn’t cheat.
I learned a lot about court cases, like the Graham v. John Deere supreme court case created the guidelines for determining when an invention in “nonobvious”.
Also, GATT (General Agreement on Tariffs and Trade) is among the most important international trade treaties in our history, thus having a large effect on U.S. patent law.
Patents help to protect our inventions and designs, thus the case of double patents can become tricky. I learned that a double patent is actually not allowed under the patent laws, and actually both patents can be invalidated. Ultimately a lawyer and patent reference books can become your best friends when it comes to protecting your inventions, designs and unique ideas.
The game we played today was fun and informative. It gave us a chance to review patent information from out textbook and form teams to compete in the Jeopardy Game. It was tough at times because some people didn’t really ask easy question/answers in their game, so the class as a whole was scrambling to find the correct solution.
As part of critiquing the game, it was somewhat unfair because at the beginning the teams could cheat from each other and simply write down whatever the other teams answer was. We finally got more competitive and started writing small on the board so the other teams couldn’t cheat.
I learned a lot about court cases, like the Graham v. John Deere supreme court case created the guidelines for determining when an invention in “nonobvious”.
Also, GATT (General Agreement on Tariffs and Trade) is among the most important international trade treaties in our history, thus having a large effect on U.S. patent law.
Patents help to protect our inventions and designs, thus the case of double patents can become tricky. I learned that a double patent is actually not allowed under the patent laws, and actually both patents can be invalidated. Ultimately a lawyer and patent reference books can become your best friends when it comes to protecting your inventions, designs and unique ideas.
Thursday, October 21, 2010
Week 3 EOC: Jeopardy: Challenges and Opportunities
I have actually been on a game show myself, though it was not Jeopardy. I found the task of creating the questions and answers for this assignment fun, at first, then tough as I worked my way past the “easy questions”. There are just so many legal definitions to patents and intellectual property right laws that can get very confusing.
Part of the challenge was training my brain to think backwards in an “answer question” response. This person talks like that regularly. What is, I talk like that regularly? Hum, see how confusing this can get? Talking in riddles is tough. Talking in riddles about patents is, let me phrase it in the form of a question: What is a mind fuck?
Once I was thinking backwards and forwards all at the same time, I came down to my last column of answers. Since I was out of creative juice, I decided to give answers about common acronyms that are associated with Patent Law. For example,”This organization, WTO, was created for the purpose of enforcing the intellectual property and other trade agreements.” Followed by the answer, “What is the World Trade Organization?
Another type of answer/question I put into the board was as follows, “The “filing date” of a patent will generally cause the patent to expire this many years from the date of filing.” The answer, formed as a question, is: What is 20 years?
I hope my game is selected for the class to play, however I must admit, that my answers/questions are somewhat difficult if you didn’t do the reading. But then again, simply filling in the “game show” power point was enough submersions into Patent Law that most will probably do somewhat okay if they were to play my game.
Part of the challenge was training my brain to think backwards in an “answer question” response. This person talks like that regularly. What is, I talk like that regularly? Hum, see how confusing this can get? Talking in riddles is tough. Talking in riddles about patents is, let me phrase it in the form of a question: What is a mind fuck?
Once I was thinking backwards and forwards all at the same time, I came down to my last column of answers. Since I was out of creative juice, I decided to give answers about common acronyms that are associated with Patent Law. For example,”This organization, WTO, was created for the purpose of enforcing the intellectual property and other trade agreements.” Followed by the answer, “What is the World Trade Organization?
Another type of answer/question I put into the board was as follows, “The “filing date” of a patent will generally cause the patent to expire this many years from the date of filing.” The answer, formed as a question, is: What is 20 years?
I hope my game is selected for the class to play, however I must admit, that my answers/questions are somewhat difficult if you didn’t do the reading. But then again, simply filling in the “game show” power point was enough submersions into Patent Law that most will probably do somewhat okay if they were to play my game.
Thursday, October 14, 2010
Week 2 EOC: What do I think of lawyers?
I come from a family of lawyers and tend to sympathize with them and the bad rap they have. After all is said and done, I do respect the work that lawyers do on behalf of their clients. The flip side of my response is that I also believe that the laws we abide by govern a society that infuses inequity among its citizens; so when a lawyer goes to bat for their client, there is a very good chance that no one “wins”.
To further expound on this idea, I would assert that lawyers are known as ambulance chasers because they will sue anyone for monetary damages. Depending on their compensation percentage of the settlement awarded, usually they walk away with a lot of money. In my opinion, based on the hours a lawyer works and the risk they take, they still make too much money.
One would think that if a lawyer lived by a more strict moral code, the percentage they take as payment would be less. Could they possibly ask for a lesser percent? After all, they were not wronged by another, but simply stand up on behalf of those who aren’t “in the know” on how to defend themselves in a court of law.
Ultimately, in our society the laws need to be re-evaluated in order to help protect our citizens. What can you sue for, how much can you sue for, etc etc. Also, the amount of education one receives tends to dictate how much one can earn for an annual salary. Lawyers tend to have more hours spent at a university where they learn the law, versus (as an example) a Communication Degree that requires less than half the hours required.
The society we live in would lead you to believe that just because the lawyer spent more money and time on his/her education that they deserve more money….I disagree. The amount of money you make should not necessarily reflect your education, because ultimately everyone is not allotted the same opportunities as others.
To further expound on this idea, I would assert that lawyers are known as ambulance chasers because they will sue anyone for monetary damages. Depending on their compensation percentage of the settlement awarded, usually they walk away with a lot of money. In my opinion, based on the hours a lawyer works and the risk they take, they still make too much money.
One would think that if a lawyer lived by a more strict moral code, the percentage they take as payment would be less. Could they possibly ask for a lesser percent? After all, they were not wronged by another, but simply stand up on behalf of those who aren’t “in the know” on how to defend themselves in a court of law.
Ultimately, in our society the laws need to be re-evaluated in order to help protect our citizens. What can you sue for, how much can you sue for, etc etc. Also, the amount of education one receives tends to dictate how much one can earn for an annual salary. Lawyers tend to have more hours spent at a university where they learn the law, versus (as an example) a Communication Degree that requires less than half the hours required.
The society we live in would lead you to believe that just because the lawyer spent more money and time on his/her education that they deserve more money….I disagree. The amount of money you make should not necessarily reflect your education, because ultimately everyone is not allotted the same opportunities as others.
Thursday, October 7, 2010
Week 1 EOC: My Voice
My fascination with interiors and design borders on the level of obsessive. There is a seemingly constant dialogue that runs inside my head about original ideas I have, critiques of other designs, and the direction of where design is heading. I am using my undergraduate degree in Interior Design to help build my marketable skills as a designer and am using it to move me forward in a marketplace that is constantly changing. This evolution that is design continues to fuel my fascination and appreciation of it all. I look forward to making my mark on this world through my collaboration with others. The future is very bright.
Subscribe to:
Posts (Atom)