Thursday, December 16, 2010

My Choice

1.       Lucero, Chelsea Elizabeth
2.      Angel, Renferd K
3.      Chambers, Everett Warren
4.      Hardy, Tyrone
5.      Casey, Daniella Erin
6.      Lee, Sean Anthony
7.      Howard, Brett Carroll
8.      Bowman, Robert B.
9.      Hearty, Raymond
10.   Terheide, Melinda M
11.    Schmidt, Chase M.
12.   Smith, Cary Keola
13.   Orton, David Wayne
14.   Hayford, Kristin
15.   Cordova, Jake Charles
16.   Lucero, Chelsea Elizabeth
17.   Lopez, Osvaldo
18.   Hernandez, Edwin Jess
19.   Hasson, Keith
20.  Ferreira, Charles Edward
21.   Beymer, Eric D.

Wednesday, December 15, 2010

My own argument and opinions

The world we live in today is a very different world than our parents lived in. Are there any new and original ideas anymore, or are there only ideas that have been put together in different ways from multiple sources and inspirations. This class has taught me a valuable lesson in that, it's tough out there in the "real world" and I should always be on guard when it comes to my intellectual property. The book states that "Any unauthorized use of copyrighted work that violates the copyrights owner's exclusive rights in a work constitutes an in infringement" (Patent, Copyright & Trademark. Nolo 11th Ed. p235). The films that we viewed taught me how difficult and costly litigation can be. "Unfortunately, few businesses, nonprofits, or educational institutions can afford to call an attorney with every question''. (Patent, Copyright & Trademark. Nolo 11th Ed. p1). Trying to track down a lawyer that would spend 5 minutes with me opened my eyes about most lawyers and how they do business. "Lawyers only take cases that they think they will win" (Frank Pinto 2010). For me to actually go after someone that uses a work of mine could be very expensive. So what this all means is business is business, and there is very little honesty in business. This is why I will keep the book Patent, Copyright & Trademark. Nolo 11th Ed. on my bookshelf throughout my career and refer to it whenever I have a question regarding one of these issues.

Tuesday, December 14, 2010

Rule of Law

It seems the best way to protect yourself from someone stealing your intellectual property is through patents, copyrights and trademarks. ''Patent law can intersect with copyright and trademark law in the case of certain products." Patent, Copyright & Trademark. Nolo 11th Ed. p7).  " Intellectual property laws don't prevent someone from stepping on the owners rights, but the laws do give the owner ammunition to take the trespasser to court" (Patent, Copyright & Trademark. Nolo 11th Ed. p5). As I found out in this class, the prospect of taking someone to court can be very costly and time consuming. Most times it may not be even worth it to do so. “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).

In order to protect myself it  is very important to keep copies of all of my designs and place dates on them. According to the book '' A creative work is protected by copyright the moment the work assumes a tangible form" (Patent, Copyright & Trademark. Nolo 11th Ed. p196). In order to keep my designs "exclusive", this is essential because as a designer this will be how I make money. '' In the event someone infringes the exclusive rights of a copyright owner, the owner is entitled to sue in federal court"(Patent, Copyright & Trademark. Nolo 11th Ed. p199). This is also called an '' infringement action- A law suit brought against someone who uses a copyrighted expression without permission" (Patent, Copyright & Trademark. Nolo 11th Ed. p269).

Ultimately it is my responsibility to control my intellectual property. 

Reasoning of the Law

My contact,  Danielle C. Miller ESQ, of the Sylvester & Polednak LTD law firm. She attended the University of Colorado 1997-2001, then graduated from The University of Nebraska's Law School in 2004. Danielle graduated with a Juris Doctorate. She was very helpful with my questions. I recorded the conversation and also took notes. These are the answers to those questions.

     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? Yes, It is called "duty breech causation & damages". Although, 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.

     Are there specialized courts in the United States that hear intellectual property claims?
     No, The US does not have courts that are exclusively dedicated to hearing intellectual property matters. Claims are usually brought in federal district court to be presided over by that court's judge.

      Do you recommend I personally contact a company that I suspect has stolen my idea?
     Yes, in the interest to save my clients money I suggest that they make a good faith effort to solve the problem on their own first, if this doesn't work it easy enough for me to draw up a letter and send. Usually this is all it takes.

     Is Nevada an right to work state? If so, do you agree with an employee signing a non-compete agreements? Yes, Nevada is an "employment at will" state. The  employer can fire whoever they want, when they want, for whatever reason they want. The only exception is if they are fired for a discriminatory purpose. A employee should only sign a non-compete clause if they will receive some sort of compensation in return, for example however long the amount of time that you agree to not go work for a competitor you receive an agreed upon amount for that period of time.

     In design, how much of a percentage of change do two similar products have to be in order to avoid a lawsuit? The answer is not a percentage, the test is either “substantially similar” or “derived from.”

     If I propose a design for a potential client and they refuse the design but use it  regardless what can I do? You can sew, but first I suggest having a lawyer draw up a demand letter giving a brief outline of what design is being used without permission or compensation.  The use of your design is infringing on your copyrighted work.

      How do I best protect myself from someone else stealing my artwork/design or intellectual property?   “Intellectual property refers to products of the human intellect that have commercial value and that receive legal protection.” (Patent, Copyright and Trademark NOLO 11th ED. pg. 4.) Copyrighting any artwork or design is the best way to do this, but you can't copyright everything. Part of the problem is that designers, artists, architects pull inspiration from other works they have seen so not all of your ideas can be fully protected.

     What is the first step someone should take if or when they find someone else using their intellectual property without permission?  “Once a copyright owner suspects infringement, the owner may file a lawsuit against the infringer for damages in federal court, provided that the copyright has been registered with the U.S. Copyright Office.” (Patent, Copyright and Trademark NOLO 11th ED. pg 235.) The first step is to contact them directly, if that doesn't work an attorney can draw up a demand letter. we can do a demand letter in my office for around $100. For these types of cases lawyers don't normally need a retainer.

     When is it necessary to trademark intellectual property? You may apply for registration of a trademark after you use a mark on a product in  a promotion of a service performed in advertising or sale to customers.

      Is it better to use a template or have a lawyer draft an original contract for my design? An original contract is always better, this way you can tailor it to what your exact needs are.

Saturday, December 11, 2010

The Questions

I chose questions for my final project of the class Contracts, Negotiations and Copyrights, that have to do with intellectual property and also liability issues. The questions I have chosen pertain to interior design and also the architectural field. These questions  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 I chose  helped  me understand how to protect myself and my designs, contract and infringement issues and letters of non compete agreements. This is very important because this is how I plan on making my living.“ The commercial value of IP work comes from the ability of it’s owner to control and exploit it’s use” (c).




I picked these questions after completing the in class assignment during Week 7, also by using the www.heyheydaddio.com website to check out other students blog posts. Pulling from students questions, I created a list of my own question:

     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?
   
     Are there specialized courts in the United States that hear intellectual property claims?

     Do you recommend I personally contact a company that I suspect has stolen my idea?

     Is Nevada an “employment at will” (ie. right to work) state? If so, do you agree with an employee signing a non-compete agreements?

     In design, how much of a percentage of change do two similar products have to be in order to avoid a lawsuit?

    If I propose a design for a potential client and they refuse the design but use it regardless what can I do?

   How do I best protect myself from someone else stealing my artwork/design?

  What is the first step someone should take if or when they find someone else using their intellectual property without permission?

  When is it necessary to trademark intellectual property?

  Is it better to use a template or have a lawyer draft an original contract for my design?

Thursday, December 9, 2010

LEGAL AUTHORITY

After many attempts over a two week span of trying to locate a lawyer to take some time to talk to me, I finally happened upon a friend I hadn’t talked to in about six months and found out that he was dating a Lawyer. This lawyer just happen to be a business lawyer and has specialized in IP cases. For the assignment I used the book for the class, Copyright & Trademark. Nolo. 11Ed., to gather information to create the questions for the final. The book states that not 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). I used the listing on their website (www.nolo.com): to find lawyers who are qualified to practice in IP law. This is where I obtained my potential contacts for this class project. I started at the end of the list and soon found out that a lot of the numbers were either out of service or were to a different business. I started to leave messages on some of the ones that went to voicemail, the offices were I actually talked to someone they told me that the lawyer would get back to me. I called about 20 lawyers, talked to 11 receptionists and received 1 return phone call.This is why i was thrilled to run into my friend and have the opportunity to talk to his girlfriend. Her name is Danielle C. Miller and she works for the law firm Sylvester & Polednak, LTD. The phone Number is (702) 952-5200. She was very friendly and helpful. We met up at a local Restaurant along with my friend Ronnie. I introduced myself and asked her a couple background questions. I thanked her for numerous times for coming out to talk to me and help with my project. I told her that she was the perfect choice because she specialized in business law. She told me that her prior law firm was copyright lawyers. She looked over my list of questions and started to give me very specific answers full of legal terms. I took notes and recorded her responses as she spoke. She told me that there were a couple of questions she would have to look up. She said she would e-mail me the answers in a couple days. I received that e-mail this morning. After hearing some of the stories of what the other students have gone through to get even 5 minutes of a lawyers time I feel very fortunate that Danielle spent a half hour with me.

Week 10 EOC: Erin Brockivich vs Flash of Genius

In comparing the two films, I can see why Flash of Genius didn’t to do too well in the theater. Flash of Genius was the dark reality of what litigation can be. Robert Kearns’s story of heart break is just horrible. The big corporation taking an idea from the little guy is something that happens more often than not I’m sure. It took 20 years for him to finally receive a moral triumph; Even though he didn’t receive as much as if he would’ve settled. I consider myself as a designer or an artist and if someone stole my idea I would be very upset also. I’m not sure I would let it consume 20 years of my life though. I could see that he was a beaten man at the end of it all. Is it really worth losing everything just to be found morally right? Erin Brokovich was a feel good movie that hardly showed the reality of litigation. The big corporation in this film was in the wrong once again. It seems that once a company gets that large they just do whatever they want. Erin Brokovich in the film was portrayed in the film unlike any other lawyer that I’ve ever seen or heard about. The lawyers that I’m used to dealing with or hearing about are Lawyers that are greedy and pretty unscrupulous. I did feel good when the large corporations in both films were defeated. It seemed almost impossible when you think what both Dr. Bob Kearns and Erin Brokovich were up against. In the end I enjoyed both films and I’ve learned when it comes to business not to trust anyone. I also learned that to keep all documentation of your work o have something to back you up if needed.

Week 10 BOC: Lawyer jokes

Why does California have the most lawyers and New Jersey the most toxic waste dumps?
. . . New Jersey had first choice!

What's the difference between a porcupine and two lawyers in a Porsche?
. . . With a porcupine, the pricks are on the outside.

How many lawyers can you put on the head of a pin?
. . . Ten, if you make them stand on their heads.