Stanley Nolan
September 24, 2010
BUS250H
RE: Forced Choice
1. Stanley Nolan definitely feel she is deserves the #1 position. Not only did she do an excellent job she done it very effectively and precise!
2. Mukaya, Adam almost did as well as me! I thought it was very detailed and he did not slack in any area.
3. Lopez-Estrada, Saul E. is my # 3 choice because I feel he did a great job completing his project and I found it very easy to navigate through.
4. Diamond, Vivian is #4 on my list because I feel she did a great job completing her final assignment.
5. Chester, Lonnie O is # 5 because all of his work was completed successfully. There is no particular reason behind the ranking other than not everyone came be first in line.
6. Kristine Alberto is #6 because she has all of her work done and was completed successfully. There is no particular reason behind the ranking other than not everyone came be first in line.
7. Fernandez, Ryan Louis was chosen #7 because his work was completed successfully. There is no particular reason behind the ranking other than not everyone came be first in line.
8. Jones, C. J. was chosen #8 because her work was completed successfully. There is no particular reason behind the ranking other than not everyone came be first in line.
9. Oya, Korsyca Ln is # 9 because her work was completed successfully. There is no particular reason behind the ranking other than not everyone came be first in line.
10. Zullo, John A. is # 10 because his work was done successfully. There is no particular reason behind the ranking other than not everyone could be first in line.
11. Rodriguez-Delgado, Leslie is my #11 because although she finished her project she did not have all of her quotes.
12. Katherine Calesing is #12 because although she has her work I do not feel she met the overall requirements with the minimum 300 word entries on her blog.
13. Fernandez, Joanne is # 13 because although having done all of her work I felt there were some minor details missing that needed to be addressed.
14. Jacob Crissman is #14 because although he did some of his work not everything was completed properly and his labeling was not properly done.
15. Christina Cassaro is # 15 because although she did some of her work she was missing two of her final post and she had very few quotes in the blogs that she did use.
16. Reaze, Shantay is # 16 because she was missing a lot of her overall assignment leaving me no choice but to put her in the bottom 3.
17. . Klatsky, Rebekah Anne is #17 because she did a poor job representing and completing the final project which is why she is in the bottom three.
18. Stephen Cornrer is last because he did a very poor job representing his final project and I hate slackers!
Friday, September 24, 2010
Final Evaluation
So far in this class I believe I have definitely put in more than what is expected of a student to bring to the table. I have not only applied myself to this class but I have also done everything which was expected for me to do without any slacking in my response to assignments. This class has been an incredible learning curve for me moving forward in my future as an Interior Designer. I have absorbed so much knowledge and information that will definitely contribute to protecting me and future designs. One thing that stands out the most about this class is finding out exactly how fine of a line we walk everyday when dealing with breaking the law. You think that some of the simple things you do on a day to day basis is ok when indeed you are in violation of the law. I have more respect today for other people’s property than I have ever had before and definitely don’t take anything for granted. As a designer myself I want to be able to trust that the law protects me and all my creative ideas that I produce. This class has taught me all the valuable steps I need to take in order to ensure that I do just that in the future. I am taking away a lot of material I believe will enhance me as an independent business woman and I am a better person today having taken this class seriously and actually putting in the work. As for the grade I think I deserve………..I would definitely say it should be an A++ if that at all is possible. I thrive on being a good student and I don’t expect anything less than the best possible outcome!
Friday, September 17, 2010
EOC
EOC
Robert Kearns I found to be very interesting in his obsession with all things electronic. Although a very remarkable victory it was bitter sweet to see what it all amounted to. Money at the end of the day does not mean anything if there isn’t anyone to share it with. I believe in fighting for what is mine but not at the extent of my loved ones. When looking into this a little more the character portrayed was nothing like the real individual. “Kearns has already paid a high price for the sake of justice: a failed marriage, a nervous breakdown and long years in litigation. When he began tinkering with his revolutionary wiper, in 1962, he was an engineering professor at Michigan's Wayne State University and a small-time inventor (his early credits included a comb that dispensed its own hair tonic). Kearns installed an experimental version of his "intermittent wiper" in the family's Ford Galaxie in 1963 and brought it to Ford. The company hired him as a consultant, worked with him for six years—and then dropped him. Instead of the supplier's contract he had hoped for, Kearns got a handshake and a wiper motor mounted on a plaque.”
http://www.people.com/people/archive/article/0,,20118404,00.html
Robert Kearns I found to be very interesting in his obsession with all things electronic. Although a very remarkable victory it was bitter sweet to see what it all amounted to. Money at the end of the day does not mean anything if there isn’t anyone to share it with. I believe in fighting for what is mine but not at the extent of my loved ones. When looking into this a little more the character portrayed was nothing like the real individual. “Kearns has already paid a high price for the sake of justice: a failed marriage, a nervous breakdown and long years in litigation. When he began tinkering with his revolutionary wiper, in 1962, he was an engineering professor at Michigan's Wayne State University and a small-time inventor (his early credits included a comb that dispensed its own hair tonic). Kearns installed an experimental version of his "intermittent wiper" in the family's Ford Galaxie in 1963 and brought it to Ford. The company hired him as a consultant, worked with him for six years—and then dropped him. Instead of the supplier's contract he had hoped for, Kearns got a handshake and a wiper motor mounted on a plaque.”
http://www.people.com/people/archive/article/0,,20118404,00.html
BOC
1. How many lawyers does it take to change a light bulb?
Fifty four. Eight to argue, one to get a continuance, one to object, one to demur, two to research precedents, one to dictate a letter, one to stipulate, five to turn in their time cards, one to depose, one to write interrogatories, two to settle, one to order a secretary to change the bulb, and twenty-eight to bill for professional services.
2.If you are stranded on a desert island with Adolph Hitler, Atilla the Hun, and a lawyer, and you have a gun with only two bullets, what do you do?
Shoot the lawyer twice.
3. What do lawyers use for birth control?
Their personalities.
4. How do you tell if it is REALLY cold outside?
A lawyer has his hands in his own pockets
5.How many lawyer jokes are there?
Just two, all the rest are true.
http://www.lawyer-jokes.us/page/5
Fifty four. Eight to argue, one to get a continuance, one to object, one to demur, two to research precedents, one to dictate a letter, one to stipulate, five to turn in their time cards, one to depose, one to write interrogatories, two to settle, one to order a secretary to change the bulb, and twenty-eight to bill for professional services.
2.If you are stranded on a desert island with Adolph Hitler, Atilla the Hun, and a lawyer, and you have a gun with only two bullets, what do you do?
Shoot the lawyer twice.
3. What do lawyers use for birth control?
Their personalities.
4. How do you tell if it is REALLY cold outside?
A lawyer has his hands in his own pockets
5.How many lawyer jokes are there?
Just two, all the rest are true.
http://www.lawyer-jokes.us/page/5
Friday, September 10, 2010
4. Rule of law -- a concise summary of the main precedent established. Support with quotes form the book
The main thing that I established in my opinion is how to protect myself in the future working field. There are a lot of things to consider when you are hired to a new company. One thing in particular is prevention assignments pg 111 “some employments agreements have a provision requiring the employee to assign any inventions to the employer.” You have to be extremely careful of what you are signing away your rights to. When dealing with legal issues surrounding your patent you want to have presumption of validity pg 74“In an infringement suit brought by a patent owner against an alleged infringer, it is legally presumed that the patent owners patent is valid”. There are some circumstances where you can catch a break when dealing with patents such as a reconsideration request “ A patent application may request that the patent examiner reconsider an application whose claims were rejected in the final office.” So much is put into the consideration of a patent. One thing that is done is the preliminary look at prior art pg 123“this preliminary investigation by inventors consist of checking stores, catalogs, reference books, product directories, and similar sources to discover whether a proposed invention already exists.” With all of this information it seems like it’s a lot to take in but what I’ve learned is that actually all of these rules play hand in hand with one another. If you put in the energy to deal with one matter correctly then most of the time you have unconsciously already covered the rest of the contributing factors. I enjoyed all that I learned dealing with this matter and look forward to applying them to my future!
10th edition Patent, Copyright & Trademark by Ralph Warner
10th edition Patent, Copyright & Trademark by Ralph Warner
3. Reasoning of the Law -- analysis of the thinking process and logic used by your lawyer
Reasoning of the Law has always come very easy to me. I make it a point to play by the rules and not violate anything or anyone. One thing I appreciate is the statue of limitations, infringement action pg 86“In patent law there is no time limit (statute of limitations) for filing a patent infringement lawsuit.” This is extremely to the patent applicant pg 73“ The inventor or organization who files the patent application (and, often, who will own the patent if the application is granted). When dealing with patents be very careful of misuse of patent “Use of a patent in a manner that violates federal patent or antitrust laws may result in the patent being declared invalid or unenforceable by a court.” There can be a number of things you run into such as multiple claims “a single patent application may contain two or more claims describing a single invention” which my attorney told me was more common than you think. Narrowing a claim pg 84“a claim in a patent application that was initially rejected by a patent examiner as being too broad” is one of the things I think protect a lot of us. It’s interesting how everything has its boundaries in the whole patent process. I like the idea of the design around “to design or build a device that is similar to but doesn’t infringe on an invention.” This allows you to enhance an idea or if the duration of patents pg 135“utility patents-the most common kind- expires 20 years after the filing date of the regular formal patent application” then there is a possibility of this patent becoming yours. For art students I found that if you have designed something digitally you must include drawings, patent application pg 135“Visual representations of an invention must be included in the patent application”. This whole process has just reminded me of how critical I need to be when dealing with protecting my designs so I don’t have to deal with fraud on the U.S. Patent and Trademark Office “any behavior by an applicant for a patent that attempts to mislead the U.S. Patent and Trademark Office”. I am truly grateful of this overall process.
10th edition Patent, Copyright & Trademark by Ralph Warner
10th edition Patent, Copyright & Trademark by Ralph Warner
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 is
These questions were very important to me because these situations play a very important role in my future. These are things I have to definitely be careful as to how I incorporate them into business matters. I knew to a certain extent things I needed to do in order to protect my designs but I had no clue as to how I could be so easily taken advantage of without taking the proper steps to securing my design elements. The whole research project was so resourceful for me and I am extremely elated with the results I obtained from them!
LAW OFFICES OF
Aisha M. Johnson
(310) 642-0408 Fax (310) 642-4684
1. If I lose inspiration and go online and use someone else’s design, more than I intended to. Will I be safe from a lawsuit if I changed it enough so it isn’t exactly the same? What recourse do I have if the roles are reversed, if my work is the work being stolen?
No one is completely protected from a lawsuit. Copyright or trademark infringement ultimately will be determined by the judge or jury and to a degree the determination can be (subjective) based upon each individual circumstance. It is best not to use other peoples work and to make sure that you copyright and/or trademark your personal designs. Request for compensation, threat of a lawsuit, or an actual lawsuit seeking monetary damages are your options for recourse.
2. If I come up with an original idea during employment with a company, who owns the rights to it, myself or the company? Is there any way I can make it my own to sell to others?
It depends on what you have agreed to in your employment contract. In most instances, unless the contract states otherwise, the work will be owned by the company, your employer. You can only make it your own if your company is willing to make that agreement with you.
3. If I get caught hacking, what are the consequences.
Possible consequences are: termination from your employment, legal action against you for fraud, theft, copyright or trademark infringement, monetary damages/fine, and/or imprisonment.
4. 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?
In a community property state your business product and business earnings are subject to division with your spouse in the event of divorce unless there is a legally binding agreement entered into by the parties stating something different.
5. If I create a fashion design and displayed it at a trade show, and someone took that design and sold it as their own, can I sue that party and what are my chances of recovering my design?
You can always sue but whether you have a successful lawsuit will depend greatly on whether your design was protected by copyright or trademark and whether the damages were ascertainable.
6. If I made a logo that had a had a trademark to one of the letters and another marketing company used that letter exactly how it is displayed/designed but used the letter in a logo but did not have the same complete logo then what could happen if I take legal action.
It would be up to the court (judge or jury) to determine whether the copy was an infringement upon your trademark. They may consider whether or not the copy was too similar or misleading to the public.
7. Can packaging look exactly the same as other products on a retail shelf (ex. Medicine products Color, Shape, Look). **EXCLUDES the name.
It can but again if a lawsuit resulted it would be up to the court (judge or jury) to determine whether the copy was an infringement upon your trademark. They may consider whether or not the copy was too similar or misleading to the public. Why expose yourself unnecessarily to potential legal action.
8. Can you sue a company that advertises a commercial which sells a product that has a disclaimer at the bottom but don’t give you enough time to read the disclaimer and it ends up affecting your life or puts you in burden?
Anyone can file a lawsuit. I am uncertain as to whether or not this type of lawsuit is likely to prevail.
9. How much do you charge to read a contract and advise/interpret it for me?
It depends on the length of the contract but my hourly rate is $300.00.
10. What rights do I retain when using company software?
Again, it depends on the contract that you have with the company/employer but most likely your rights will be very limited. The company is going to look out for their own financial interest and you must look out for yours.
LAW OFFICES OF
Aisha M. Johnson
(310) 642-0408 Fax (310) 642-4684
1. If I lose inspiration and go online and use someone else’s design, more than I intended to. Will I be safe from a lawsuit if I changed it enough so it isn’t exactly the same? What recourse do I have if the roles are reversed, if my work is the work being stolen?
No one is completely protected from a lawsuit. Copyright or trademark infringement ultimately will be determined by the judge or jury and to a degree the determination can be (subjective) based upon each individual circumstance. It is best not to use other peoples work and to make sure that you copyright and/or trademark your personal designs. Request for compensation, threat of a lawsuit, or an actual lawsuit seeking monetary damages are your options for recourse.
2. If I come up with an original idea during employment with a company, who owns the rights to it, myself or the company? Is there any way I can make it my own to sell to others?
It depends on what you have agreed to in your employment contract. In most instances, unless the contract states otherwise, the work will be owned by the company, your employer. You can only make it your own if your company is willing to make that agreement with you.
3. If I get caught hacking, what are the consequences.
Possible consequences are: termination from your employment, legal action against you for fraud, theft, copyright or trademark infringement, monetary damages/fine, and/or imprisonment.
4. 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?
In a community property state your business product and business earnings are subject to division with your spouse in the event of divorce unless there is a legally binding agreement entered into by the parties stating something different.
5. If I create a fashion design and displayed it at a trade show, and someone took that design and sold it as their own, can I sue that party and what are my chances of recovering my design?
You can always sue but whether you have a successful lawsuit will depend greatly on whether your design was protected by copyright or trademark and whether the damages were ascertainable.
6. If I made a logo that had a had a trademark to one of the letters and another marketing company used that letter exactly how it is displayed/designed but used the letter in a logo but did not have the same complete logo then what could happen if I take legal action.
It would be up to the court (judge or jury) to determine whether the copy was an infringement upon your trademark. They may consider whether or not the copy was too similar or misleading to the public.
7. Can packaging look exactly the same as other products on a retail shelf (ex. Medicine products Color, Shape, Look). **EXCLUDES the name.
It can but again if a lawsuit resulted it would be up to the court (judge or jury) to determine whether the copy was an infringement upon your trademark. They may consider whether or not the copy was too similar or misleading to the public. Why expose yourself unnecessarily to potential legal action.
8. Can you sue a company that advertises a commercial which sells a product that has a disclaimer at the bottom but don’t give you enough time to read the disclaimer and it ends up affecting your life or puts you in burden?
Anyone can file a lawsuit. I am uncertain as to whether or not this type of lawsuit is likely to prevail.
9. How much do you charge to read a contract and advise/interpret it for me?
It depends on the length of the contract but my hourly rate is $300.00.
10. What rights do I retain when using company software?
Again, it depends on the contract that you have with the company/employer but most likely your rights will be very limited. The company is going to look out for their own financial interest and you must look out for yours.
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