Wk 11: Force Choice

1. Vivian Diamond,
2. Saul Lopez-Estrada
3. Kristine M Alberto,
4. Ryan Louis Fernandez,
5. Christina R Cassaro,
6. Lonnie Chester
7. Leslie Rodriguez-Delgado
8. Adam Mukaya
9. Joanne Fernandez
10. Korsyca Oya
11. C. J Jones
12. John Zullo
13. Shantay Reaze
14. Stanley Nolan
15. Katherine Gaerlan Calesing
16. Jake Albert Crissman
17. Rebekah Anne Klatsky
18. Stephen Joesph Armellino

Choosing Vivian as the number one on my list is because she explains very well in her statement and using the right quotes. She was very informative in each blog and she did very well with this project.

Wk 11: Final Evaluation

My experience in this classroom was interesting. I was quite scared on what to expect in this class. There were so many laws in the book to know about. But taking this class wasn’t so bad; I had a good experience on learning the different aspect of the laws and how to negotiate when it comes to a legal issue. My progress towards these objectives were stable or in between because I wasn’t sure about understanding these laws about patent. I look at the book and I glance through it, my reaction was like “WOW” this is a lot of information to know about.

I’ll be honest; I think I’m doing well in this class. I never missed a class, came on time and participate in class. I was very aware on what we were learning about, and I finish all the blogs on time. Overall, I believe I deserve an “A” in this class doing a lot of work and staying up all night to finish the homework’s.

WK 10 Robert Kearns

What I thought about Robert Kearns and the legal issue with FORD and Chrysler. Well, it was wrong what FORD Company did, stealing his own invention that he created. Robert Kearns was a father of six kids; he has a degree in engineering. He was an intelligent man that decides to come up with an invention of wipers. I guess he wanted to do is to help the people like us. Robert Kearns seems like a good man, he wanted to do something in his life instead of teaching in a university.

As the years past, Kearns life has been an obstacle. He didn’t have his wife nor kids, he was battling a huge legal issue with FORD. I don’t blame him; he has the rights to sue that company for stealing his invention. It seems like that company of FORD and Chrysler couldn’t find out how to make a wiper to set a certain speed on the car. Don’t these companies have the smartest engineer staff on board, but it seems like they don’t. One thing Robert Kearns did not know was protecting his invention. He didn’t learn about “patent”. Until, FORD back down on the deal.

Well, I guess the case took a decade. But at the end, Robert Kearns won the case for FORD and got ten point one million dollars with an agreement of no further appeals. Then, the case about Chrysler, the company was ordered to pay Kearns eighteen point seven million with interest. WOW that is a lot of money that he is getting. That case with Chrysler, was decline with the Supreme Court, I’m guessing the court did not want to hear about it. So at the end Robert Kearns received approximately thirty million dollars in compensation for Chrysler’s patent infringement.

WK 10 Lawyer Jokes

How do you greet a lawyer with an IQ of 50?
. . . "Good morning, your honor."
http://www.extremelysmart.com/humor/lawyerjokes.php

What happens when a lawyer takes Viagra?
He gets taller
http://www.corsinet.com/braincandy/jklaw.html

How many lawyer jokes are there?
Only three. The rest are true stories.
http://www.corsinet.com/braincandy/jklaw.html

What do lawyers use for birth control?
. . . Their personalities.
http://www.extremelysmart.com/humor/lawyerjokes.php

Wk 9 First Amendment and the news

The first amendment freedom of speech, free exercise of religion and freedom of the press. As by going through the amendment everyone has equal share of the amendment. The United States made this first amendment to help each of us in this world to have a place to be free. Speaking of free, in the amendment saying “free exercise of religion” it means any of us in the United States have a choice to practice any religion we choose.
About the news on burning a book “The Holy Book”, He has a point on one thing is that he has a choice of burning any book he choose. But at the same time it’s wrong especially burning a holy book. I feel as an American Citizen it’s showing a disrespectful to the holy book. Everyone in the United States will go against Terry Jones. Even though he will say I’m doing this for being a better person, no it’s not exceptional.
As for the pastor, he is being selfish about the whole situation. If he did burn the holy bible it would of show the lack of respect not only to his religion but to his congregation. As a Christian I would of felt betrayed by his action cause that would have represented that he doesn’t believe in what the Holy Book says or he doesn’t respect it at all. I say if he would of burn the holy book he would have lost a lot of followers and right now in America we need to have faith in Christ, to help us to overcome this disaster that has been brought to us because of 9/11. I think that Pastor Terry Jones should have jail time possibly have prison time if had burn the Bible. That’s how I feel about his decision.

Step 5: Your own argument and opinions. Did you agree or disagree with the rulings. Provide some authority for your argument such as quotes from the

I disagree with the answer the lawyer game me to –If my spouse pays to set up my business and I ran everything if we get a divorce does he have a claim to it?- and the lawyer said That the Nevada State law says that the company would be split 50/50 between each spouse.”The receiving party may claim to be your partner to obtain a benefit from a distributor or sublicensee. To avoid liability for such a situation, most agreements include a provision like this one, disclaiming any relationship other than that define in the agreement( pg. 567, Attorney Richard Stim).” Here is an example of how it could be written in an agreement/contract so that the other half or spouse cannot get the company if anything is to happen. “” Nothing contained in the Agreement shall be deemed to constitute either party a partner, joint venture, or employee of the other party for any purpose( pg. 567, Attorney Richard Stim).” So why in Nevada is thing split 50/50? If you have it in a agreement that he/she has no authority in the business. Also if it’s not in the contract/ agreement I believe that the other half can offer to pay to out buy the half that doesn’t want the company so that he/she can have all right to the company instead of having to deal with the decisions that the other half comes up with and the whole company shutting down because of the feuding.

Step 4: Rule of law -- a concise summary of the main precedent established. Support with quotes form the book

“A patent is a grant by the U.S. Patent and Trademark Office ( USPTO) that allows the patent owner to maintain a monopoly for a limited period of time on the use and development of an invention ( pg. 16, Attorney Richard Stim).” In my field we would use the design patent and the utility patents. The design patent deals with “New, non-obvious, useful inventions that fall into one of the five categories- a process, a machine, a manufacture, a composition of matter, or an improvement of an existing idea( pg. 16, Attorney Richard Stim).” Utility design patent would fall into our company since we’re always finding new way to explore sites and codes for the sites. To fall under the design patent it would have to have “ new and original designs that ornament a manufactured article can qualify for a design patent( pg. 17, Attorney Richard Stim).”Copyright law would work hand in hand in my field for the simple fact everything is created by each individual at my company “ A copyright gives the owner of a creative work the right to keep others from unauthorized use of work. Under copyright law, a creative work (often referred to as a “ work of authorship”) must meet all of these three criteria to be protected: must be original, it must be fixed in a tangible medium of expression, and it must have at least some creativity ( pg. 190, Attorney Richard Stim).” My sites will meet all three of these sections so therefore the copyright law affect my company in great extent. Trademark law and my company go hand in hand, it effects my sites and company more so than the other three laws because that’s what my company would deal with. Trademark law is “ a distinctive word, phrase, logo, graphic symbol, or other device that is used to identify the source of a product or service and to distinguish it from competitors ( pg. 190, Attorney Richard Stim).”

Step 3: Reasoning of the Law -- analysis of the thinking process and logic used by your lawyer

The lawyer just stated what the law was she didn’t care too much about my interest. I feel like she did this because I told her it was for a project , so she wanted me to have the right
information so I can know how the law works in these situations. This lawyer I can tell she knew what she was talking about and knew how to answer the question to her best ability. She answer each question that I asked with the knowledge that she has learn through what she has fought in court or when she has had to give legal advice for someone that has been in the situations that I thought of. She gave me advice to help me to make decisions on my work before I did anything highly illegal or just something out of stupidity. With what she has told me I have learn a few new things that I can and cannot do. Thanks to her I know if my website name is used by another company can the sue me even though its two different website concepts. She said that she would have to look more into it but she didn’t think so, because I would be two different domains since the internet domain site won’t let you have the same exact address so it would be impossible to do. If you had the same site there would be a glitch in the internet site that you got you domain from would be the one that would be getting into a problem. She also answer If I didn’t copyright a creation of mine and someone from my team takes the idea, can I take any action against them? She said not if I don’t copyright the idea before they did. So now I know that if I have an idea that I need to make sure that I have a contract with the people in my company that they cannot take any ideas that was given within the company.

Step 2: The Questions: Explain why these are of interest to you. What specific concepts and terms were involved – in other words, what are the legal i

These questions to me are pretty interesting because I didn’t know the answer to them, and I need to know just in case it happen to me or an partnership. The question like If I use an image that I didn’t create do I need to have a contract with the owner? The lawyer said that I need to have a permission or a contract with them that way they couldn’t sue me for plagiarism of their work. “ A person who has preregistered a work must register the work within one month after the copyright owner becomes aware of infringement and no later than three months after first publication/ if full registration is not made within the prescribed time period, a court must dismiss an action for copyright infringement that occurred before or within the first two months after first publication ( pg. 287, Attorney Richard Stim).” So I took this statement out of the book if you don’t register your product then the other company can have the same concept. ”Plagiarism does not violate any law but marks the plagiarist as an unethical person in the political, academic, or scientific community where the plagiarism occurs ( pg. 286, Attorney Richard Stim).” The lawyer said if you plagiarize someone else’s work you won’t get jail time but you’ll most likely get jail time and most likely will never get another job in the creative field again. Under Section 301 of the Copyright Act, states are prohibited from creating or enforcing laws that are equivalent to any of the exclusive rights granted under copyright law. This principle known as preemption ( or “ pre-emption”) – is sometimes used by a defendant in a lawsuit who claims that a state lawsuit should be dismissed because it actually involving in the right of publicity or a shrink-wrap license ( pg. 286, Attorney Richard Stim).” In this quote I think that it’s saying that even if you did go to court that you can fight your case with Section 301. The other question that I had for the lawyer was – if my spouse pays to set up my business and I ran everything if we get a divorce does he have a claim to it?- The lawyer response was under Nevada State law states that each person would get 50 percent of the company as long as the other spouse would sell their half of the company.

Step 1: Legal Authority: How I made contact, found this person and why they are a good choice

I made contact with my lawyer through a phone call interview. I found the lawyer through website online that had a list of different lawyer. I did research on this lawyer before I called him. I check his winning rate and record in court and secede that he was the best lawyer for me. “ determining what can be protected and why use to be trademark lawyers. Unfortunately, few businesses, nonprofits, or educational institutions can afford to call an attorney with every question ( intro, Attorney Richard Stim).” This lawyer made my choice easy, because he answer all my questions and it was a free consultation. This lawyer had show me that with businesses lawyer know what they are talking about. I’m glad that I called this lawyer because he helped me super much with the questions that I didn’t know about. I learn so much by talking to him like if I was caught hacking into some stuff what would the consequences be , he said prison time. Which I thought would be a fine and jail time. The Galliher Law Firm is a good law firm that I think I could call in the future if I ever need any one for law question.

Wk 8 Legal Questions

1. If I get caught hacking, what are the consequences.
2. If I sell my company and everything with it can I take my clients with me.
3. Someone stole my character and made slight changes can I sue?
4. My website name is used by another company can. They sue me even though its two different website concept?
5. If I choose to design a garment should I paten my design?
6. If I’m not featured in the credits of an animation can I take the company to court?
7. If I work with a celebrity in my ad campaign and I signed a confidentiality agreement but my employee says something could, I or my company be sued?
8. If I use an image that didn’t create do I need to have a contract with the owner?
9. If didn’t copyright a creation of mine and someone from my team takes it, can I take any action?
10. If my spouse pays to set up my business and I ran everything, if we get a divorce does he have a claim to it?