Law

“Business Intellectual Property” Please respond to the following:

· Identify and explain the forms of intellectual intangible property protection pursuant to the Chapter reading.  Then, provide an example of an ACTIVE business disputes involving intellectual property within the last two years.  Summarize the facts and the law in dispute of the case you found. Provide the outcome or, predict what you believe will be the outcome of the dispute for the example you provided. Justify your response. (Please find an example no other student has posted about)

· What remedies are available to IP owners and what are the elements needed to prove and win a case in court.

· What is the law in regards to employee’s IP rights and limitations when they are working “within the scope of their employment?”  This is a general question unless you are working.  If working, see if you can provide your employer’s policy and share with the class.  Provide a source for your answer.

Please follow all instructions and provide correct answers need it by day stated, needs toperfect first time, make sure citations are correct!
You can use either WestlawNext or Westlaw Classic to complete this assignment.

WESTLAW RESEARCH PRACTICE
Lesson Three – Locating Relevant Case Law Using Secondary Authority

Objectives: A simple research process technique.

Directions: Read the following fact patterns

1. Your client, Dreamy McSteamy is a popular motocross driver known far and wide for his long black hair, dangerous dark eyes, and zebra-striped motorcycle emblazoned with a purple number 7. Recently, a movie studio released an animated children’s film featuring a handsome, smooth-talking, purple leopard-spotted motorcycle, with the number 7 prominently displayed on the gas tank. McSteamy wishes to file a claim against the studio on the grounds that the film’s “star” bears an uncanny likeness to McSteamy’s public image, and hence, violates his right of publicity.

i. Locate and correctly cite relevant secondary authority
ii. Provide your exact search query – Include database id
iii. State the legal issue/s involved after studying the information therein
iv. Locate an on point case from an Oklahoma State Court
v. Does the case appear to work for or against your client?

2. Fozze Bear, stands convicted for the heinous murder of Miss Piggy. Your supervising attorney is filing an appeal based, in part, on negative comments made by the prosecutor regarding Mr. Bear. Apparently, prosecution referred to the defendant as “evil-doer” and a “son of the Devil” during her closing arguments. On this issue, your office asserts prosecutorial misconduct. The respondent counter-argues that counsel for the defense opened the door to these characterizations when, in his own closing argument, he stated that, “certainly, whoever committed this act is a devil’s spawn.”

i. Locate and correctly cite relevant secondary authority
ii. Provide your exact search query – Include database id
iii. State the legal issue/s involved after studying the information therein
iv. Locate an on point case from the 3rd Circuit of the US Court of Appeals
v. Review the Court’s Holdings and the relevant headnote from the opinion. Does the case appear to work for or against your client?

3. Clair DeLoon was one of five current roommates in a house where tenants are continually moving in and moving out. An unknown past tenant vacated the premises, leaving behind a VCR and a collection of campy video tapes, frequently enjoyed by later groups of select tenants. When it came time for Clair to move on to more a more luxurious living space, she took the VCR and tape collection with her. One of the remaining tenants has filed a complaint with the police on the grounds that the items did not belong to Clair. Clair is being charged with theft.

i. Locate and correctly cite relevant secondary authority
ii. Provide your exact search query – Include database id
iii. State the legal issue/s involved after studying the information
iv. Discuss the arguments supporting Clair’s conviction, as well as arguments that can be raised in her defense.
v. Correctly cite one case supporting each of the arguments provided above.

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