Showing posts with label EOC. Show all posts
Showing posts with label EOC. Show all posts

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

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?

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.

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.

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.

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.

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.

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.