Several possible legal issues are evident in the scenario. In this scenario, the name Hallowed would receive protection as a trademark since it is a word that distinguishes the product from others. A trademark is understood as a design, symbol, phrase or word or a mix of these that distinguishes and identifies the source of the goods of one firm from those of other firms. A trade dress basically refers to the visual impression which is created by the totality of every element utilized in packaging or presenting a service or good for sale. In essence, it gives the product an identifiable and distinct look (Jameson 212). The name Hallowed cannot be a trade dress since it is not a visual expression, but rather a name. The release of Halo 2 would have breached on their patent if Xavier and Trent had acquired a business process patent on their works. A business method patent or business process patent is essentially part of utility patents that protect processes, formulas as well as inventions. Technically, an idea cannot be patented. Nonetheless, Trent and Xavier could have protected an...
(7) Hall B. Patents and Patent Policy -. 2007. The 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the Morse H. SETTLEMENT OF INTELLECTUAL PROPERTY DISPUTES IN THE PHARMACEUTICAL AND MEDICAL DEVICE INDUSTRIES: ANTITRUST RULES. Allison JR, Lemley MA, Moore KA, Trunkey RD. Valuable patents. Geol.
During the 1990s, Samara Brothers, Inc. designed and manufactured children’s clothing that was sold in department stores. The clothes made by Samara Bros. consisted of one-piece outfits that were made of seer-sucker fabric with large appliques in a variety of decorative themes for girls and boys. Around the same time, Walmart Inc. hired a clothing manufacturing company to create a line of children’s clothing based on the current line from Samara Bros. Walmart Inc. named their copied line of clothing “Small Steps” and successfully sold it at a lower cost in their national chain of stores making millions in profits. Once Samara Brothers, Inc. learned of the copied garments, they sent numerous letters to Walmart, Inc. to stop the sale and production of the materials they believed they had the right to defend under trade dress laws. When Walmart, Inc. still continued to sell the copied garments, Samara Brothers, Inc. took Walmart, Inc. to court.
-Store brand name enables product to be accepted and adopted more easily by consumers because of brand recognition
purse can buy, But not expressed in fancy (rich, not gaudy) For the apparel oft proclaims
In the increasingly complex world of health care, health care professionals make life-changing decisions for their patients and clients. The decisions can range from life to death and long care term for patients with mental disabilities. Not only do the decisions impact the patients or clients life but it also affects the patient’s family, caregivers and even the person making the decisions. Hence, healthcare professionals are advised to develop a moral reasoning and ethical decision-making process. The model used by most healthcare professionals is the six-step process developed by Purtilo and Doherty.
In this case perhaps McCoy would wish to be a limited partner and be removed from the day to day operations. An option he could choose could be to be a Limited Liability Corporation, may come with additional costs, work and headaches, but even so as we with any business it has its advantages, which includes the flexibility of who manages the business, can be easier to raise capital and add or transfer ownership interests. Owners are no longer liable for business debts, but the
...this action will like come at huge cost, considering a few years ago there was a lawsuit against a drug manufacturer that reformulate its product at the end of it patent life. Even though court held the complaints to be void, the case came under public scrutiny at that time.
...elated Aspects of Intellectual Property Rights) has not only made it easier for companies to register their trademark in one country or another but it has also extended their level of protection against competitors or counterfeiters.
For many centuries clothing was used namely as a form of symbolising one’s ascribed class and social honour. A good example of this was evident in Feudal European times when sumptuary laws were created in order to regulate and specify the clothing that could be worn by certain classes. In 1463 Edward IV went so far as to ‘[declare] that purple silk was to be the prerogative of the aristocracy’ (Finkelstein 1991, pg. 137). As purple dye and silk were both very expensive and sought after this declaration demonstrated quite simply that those who were in possession of such materials should command respect and were of high social standing. Eventually these laws were abolished as, instead of ‘confining people to their designated rank, the laws provoked an intense interest in fashion and a desire to transgress the codes, both in the process of prestigious emulation and as an act of rebellion’ (Craik, 1994, pg. 205). This abolition allowed groups and individuals to establish their own chosen style or ‘marker’ in order to indicate their place within society. By allowing such freedom, ascribed social status gave way to that which was achieved. This not only meant that many more people were able to engage in the ever-expanding culture of ‘Haute couture’ but also that honour was no longer perceived as a birth right but rather as something that could to be obtained. Such a shift in symbolism provided a way for those of not so noble a birth to portray themselves as the latter through a variety of means such as renting or stealing clothes and buying counterfeit copies (a common occurrence in today’s society also).
Because of its intangible nature, and particularly the increase of the digital domain and the internet as a whole, computers and cyber piracy make it easier for people to steal many forms of intellectual property. Due to this major threat, intellectual property rights owners’ should take every single measure to protect their rights. Unless these rights are either sold, exchanged, transferred, or appropriately licensed for use in exchange for a monetary fee, they should be protected at all cost. In order to protect these rights, the federal and states governments have passed numerous laws and statutes to protect intellectual property from misappropriation and infringement. “The source of federal copyright and patent law originates with the Copyright and Patent ...
As we said above patents grant exclusive rights to an invention or a process of making and invention. So what does a patent cover? Chemical patents cover the structure of a molecule and also the process in which the molecule is made. This is a good thing for pharmaceutical companies who take out these patents as they can regulate the market. Because these companies own the rights of a molecule or drug exclusively they can restrict competition from competitors. Companies that have patents on drugs have the added benefit that they are the sole distributor of that drug and all profits go to them. Other companies cannot repl...
Haute Couture is the French term for high fashion, and it relates to the dressmaking, sewing, or needlework of a garment. In 1886, Charles Frédéric Worth founded an association of couture houses dedicated to regulate and protect the work of Parisian couturiers, and it later evolved to La Chambre Syndicale de la Couture Parisienne. (Mackenzie 47). The term Haute Couture is protected by law in which one must adhere to specific criteria’s stated by the Syndical Chamber for Haute Couture in order to be categorized under its name. The criterion to be categorized as Haute Couture is a minimum of fifteen people employed at the house, producing one-of-a-kind garments of the highest craftsmanship and quality, as well as it has to be presented to the press in Paris each season.
Process Management can be defined as a concept which helps integrate performance excellence and quality into the strategic management of organizations. Process management includes activities such as defining a process, establishing responsibilities, evaluating process performance and also identifying opportunities for improvement. Innovation, on the other hand, can be defined as the conversion of knowledge and ideas into new or improved products, processes or services to gain competitive advantage. After reading the first article it is clear that it focuses mainly on three different programs that are associated with process management. These three processes are listed as TQM, ISO 9000, and Six Sigma.
Patents claims focus of the mechanism, principles and components surrounding those ideas. Patents are the strongest of the law to protect the intellectual property. Patent law is based on a very strict liability standard, making a business owner’s strongest option for intellectual property protection. Patents often make use of reverse engineering. Through reverse engineering, they see if patented inventions are in used by another company. Patents have an expiration date; the design patent protect design, shape, configuration and appearance of any invention for 14 years, and utility patents that protect functional makeover and new invention last for 20
Ford Motor Company is the world’s second largest manufacturer of cars and trucks with products sold in more than 200 markets. The company employs nearly 400,000 people worldwide, and has grown to offer consumers eight of the world’s most recognizable automotive brands.