Thursday, December 16, 2010

Week 11 Final Evaluation: Forced Choice

For this final evaluation I have chosen these people in this order for the people I feel that were most successful to least successful with their final projects:

1 Howard, Brett Carroll http://accudraft45.blogspot.com/

2 Angel, Renferd K http://angelaudioproduction.blogspot.com/

3 Valencia, Eduardo http://eduardov425.blogspot.com/

4 Hardy, Tyrone http://cajogi.blogspot.com/

5 Schmidt, Chase M. http://colorblindproduction.blogspot.com/

6 Lucero, Chelsea Elizabeth http://chelzzlucero.blogspot.com/

7 Lee, Sean Anthony http://primarydesign702.blogspot.com/

8 Chambers, Everett Warren http://vegasinteriors.blogspot.com/

9 Bowman, Robert B. http://bowmanlifestudios.blogspot.com/

10 Casey, Daniella Erin http://daniella-casey.blogspot.com/

11 Hearty, Raymond http://raygamepro.blogspot.com/

12 Terheide, Melinda M http://terheidedesigns.blogspot.com/

13 Uy, Maria Feinila D. http://madeirich.blogspot.com/

14 Smith, Cary Keola http://kotcc.blogspot.com/

15 Orton, David Wayne http://vemg.blogspot.com/

16 Cordova, Jake Charles http://jakenstein151.blogspot.com/

17 Hayford, Kristin http://rockabillybabydesigns.blogspot.com/

18 Spencer, Randi J http://boysgrowup.blogspot.com/

19 Silvera, Richard Michael,, Jr http://rmsfilms-richard.blogspot.com/

20 Lopez, Osvaldo http://ozzy702.blogspot.com/

21 Hasson, Keith http://keithhassonailvmma.blogspot.com/

22 Beymer, Eric D. http://ericbeymerphoto.blogspot.com/

23 Hernandez, Edwin Jess http://mogulvision.blogspot.com/

24 Ferreira, Charles Edward http://champf.blogspot.com/

Thursday, December 9, 2010

Week 10 EOC: Robert Kearns vs Erin Brockovich

So how do you compare these two individuals in some ways they are the same in their pursuit of justice, but in reality they were two totally different individuals. Erin was a woman who started investigating a real estate case that turned into one of the largest court cases this country has ever seen. Robert was an inventor who thru a flash of genius invented the intermittent wiper which is used today in every car made. Robert however was wronged by the ford motor company who stole his invention that opened the flood gates for every other car manufacturer to use his invention. Robert did however triumph in his pursuit of justice, just as Erin did in her case. Erin however was an individual who became a stronger individual who was upbeat and became a leader. Robert went the opposite direction and became an individual consumed by his need to be recognized for his invention. However these two both had the same drive which was for the wrongs to be righted and it wasn’t about the monetary results. They both were presented at the beginning of their pursuit with a small monetary settlement and they both made it clear that they were not interested and wanted only justice to be served. This just goes to show you that it doesn’t matter whether your male or female educated or uneducated, if you find that you or someone you care about are being harmed or mistreated it is within yours or mine abilities to right those wrongs. Another important observation is that when presented with these situations we have to decide how far we are willing to go in our pursuit for justice, can we get justice and not lose our way and everything we hold dear on a personal level like Erin Brockovich did. Or do we let it consume us until we turn around one day and realize we have driven those we love away and lost most of what we hold dear in our pursuit because of our obsession like Robert Kearns did. Which one of the two did it the right way well that is for you to decide, in my opinion they both did it the way they needed to and could do to get what they wanted most. Justice

Lawyer Jokes

How do you tell if it is REALLY cold outside?

A lawyer has his hands in his own pockets

______

At the height of a political corruption trial, the prosecuting attorney attacked a witness. "Isn't it true," he bellowed, "that you accepted five thousand dollars to compromise this case?"

The witness stared out the window, as though he hadn't heard the question.

"Isn't it true that you accepted five thousand dollars to compromise this case?" the lawyer repeated.

The witness still did not respond.

Finally, the judge leaned over and said, "Sir, please answer the question."

"Oh," the startled witness said, "I thought he was talking to you."

__________

A man sat down at a bar, looked into his shirt pocket and ordered a double scotch.

A few minutes later, the man again peeked into his pocket and ordered another double. This routine was followed for some time, until after looking into his pocket, the man told the bartender he’d had enough.

The bartender said, "I’ve got to ask you. What’s with the pocket business?"

"Oh," said the man, "I have my lawyer’s picture in here, and when he starts to look honest, I know I’ve had enough."

_______


Did you hear about the new sushi bar that caters exclusively to lawyers?
It's called, Sosumi.

______

How can you tell when a lawyer is lying?
His lips are moving.

_________

What do you do if you run over a lawyer?
Back over him to make sure. Then, make another notch on the steering wheel.

_______

Why don't lawyers go to the beach?
Cats keep trying to bury them in the sand

__________

You're trapped in a room with a tiger, a rattlesnake and a lawyer. You have a gun with two bullets. What should you do?
Shoot the lawyer. Twice.

________

What's the difference between a mosquito and a lawyer?
One is a blood-sucking parasite, the other is an insect.

Your own argument and opinions.

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

For this final blog on the subject of intellectual property I am asked to give my own thoughts and opinions on the subject which in many ways the other blogs that I have posted previous to this one do just that. I did find that my lawyer answered the questions I asked in much of the way I thought he would by looking through and reading the book. This is not a subject of light reading by any means and my hat is off to the individuals who practice and specialize in this sort of law. There is a great deal of information that goes with this subject and trying to get a good understanding of all the different aspects of each of the four types of intellectual property laws has not been an easy one, yet for me it has been very helpful. I now know many things that I did not previously know and as I get to the end of my degree and start to establish my own brand and company in the world marketplace I feel better about what I need to do to protect myself and my own intellectual property. For me personally at this point in time Copyrights are one of my biggest concerns, being a photographer my work is often easily accessed by viewing it on the web. So in today’s world, being a digital age having knowledge and resources to refer to concerning how to protect my work, and what to do in the case that someone infringes upon that work is invaluable. “The commercial value of intellectual property comes from the ability of its owner to control and exploit its use. If the owner could not legally require payment in exchange for use, ownership of intellectual property would have little if any commercial value.” (Patent, Copyright & Trademark An Intellectual Property Desk Reference, 11th Edition, Page 4.)

Rule of law

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

So what would be the main precedent establish by the questions I asked my lawyer, well I think the simple answer is that which has been told to us in class all quarter. And that is the law is much more complicated than we think it is or should be so the sound advice that our teach has given to us and the same advice given to me by my lawyer is that when it comes to some things concerning intellectual property and its laws you should consult an attorney. “Intellectual property laws don’t prevent someone from stepping on the owner’s rights. But the laws do give an owner the ammunition to take the trespasser to court.” (Patent, Copyright & Trademark An Intellectual Property Desk Reference, 11th Edition, Page 5.) There are four types of laws concerning intellectual property which are Patent law, Copyright law, Trademark law, and Trade Secret law. “Sometimes, trade secret, copyright, patent, and trademark laws intersect with each other with respect to a particular product or service.” (Patent, Copyright & Trademark An Intellectual Property Desk Reference, 11th Edition, Page 6.) Each of these groups of intellectual property is given different rights according to the nature of the intellectual property. The first of these are Patent laws which are granted to a patent owner for a limited time for the use and development of an invention. The second it that of Copyright law which protect a variety of original expressions, some of which are photographs, drawings, painting, songs, website, etc. Copyrights differ than a patent because a copyright is given to the creator at the moment of creation, yet it can be enhanced by registering the Copyright. “Copyright lasts for the life of the work’s creator (its author) plus 70 years. In the cases where the creator is a business, the copyright lasts between 95 and 120 years.” (Patent, Copyright & Trademark An Intellectual Property Desk Reference, 11th Edition, Page 196.) The third is that of Trademark law which is are legal rules that businesses use to protect the names, logos, and other commercial signifiers used to identify their products and services, like that of Coke Cola. These rules are meant to do one thing and that is to prevent consumers from being confused in the marketplace, thinking they are getting one thing because of a name or logo and getting something different in return that could potentially hurting or ruining a company’s reputation. Lastly is that of Trade secret laws which are designed to try and protect any information that is secret and has commercial value. “Trade secrets often comprise customer lists, sensitive marketing information, unpatented inventions, software, formulas and recipes, techniques, processes, and other business information that provides a company with a business edge.” (Patent, Copyright & Trademark An Intellectual Property Desk Reference, 11th Edition, Page 528.) An example of this would be that of KFC’s special recipe for the herbs and spices used in their chicken. This is why it is important to contact an attorney if you have a question or other reason to pursue some sort of action in response to someone infringing on your rights when it comes to one of these different types of intellectual property items.

Reasoning of the Law

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

Well to give a full analysis of the thinking process and logic used by my lawyer I would probably need to be in their head. Not having the ability to do this I will give my best opinion on how they came up with the answers that they did. “Intellectual property refers to products of the human intellect that have commercial value and that receive legal protection.” (Patent, Copyright & Trademark An Intellectual Property Desk Reference, 11th Edition, Page 4.) Like most people we make decisions and answer questions based on what we know. All lawyers are people or at least they appear that way so it only stands to reason that they would look back upon their experiences and knowledge gained as they studied law practices in college. Anyone who studies law in school will study a broad spectrum of law before they finally decide what if anything they wish to specialize in. The lawyer I spoke with is not an intellectual law lawyer so I believe he gave his answers to the best of his knowledge relating it to the things in which he knows to be true. “Intellectual property law, along with court decisions and regulations, establish rules for the following activities:
• Selling or licensing of intellectual property
• Resolving disputes between companies making or selling similar intellectual property products and services, and
• The registration and administration of intellectual property.”
(Patent, Copyright & Trademark An Intellectual Property Desk Reference, 11th Edition, Page 5.)
This is why I think that my lawyer made good sounds judgments for his answers, because of the fact that most all law practices are done and studied the same way so that even though he is not an intellectual property law lawyer he can still look at the questions and relate them to something in his on field of expertise.

The Questions:

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

1. What is the first step someone should take if or when they find someone else using their intellectual property without permission?
ANSWER - (1) Write a detailed letter that identifies your intellectual property,how the offending party is using it illegally the consequences of the illegal use or (2) contact an attorney.
2. What is the best way(s) to protect your intellectual property?
ANSWER - (1) Take the necessary steps to get a copy, patent (or whatever applicable protection). or (2) contact an attorney.
3. What is the best way to protect my intellectual property when working under contract for someone?
ANSWER - (1) have a clear employment contract that allows you to maintain your rights in your work or (2) contract an attorney.
4. What is some common legal issues while doing freelance work?
ANSWER - Inadvertent illegal use of others Intellectual Property.
5. Do all states deal with intellectual property the same? How do they differ?
ANSWER - IP is governed by federal law.
6. Do you know the rough percentage of cases that are found in favor of the original creator concerning intellectual property?
7. Doe intellectual properties stay the same in digital vs. printed form?
ANSWER - I think it's different, but don't know.
8. When is it necessary to trademark an Intellectual property?
ANSWER - As soon as possible and contract an attorney.
9. At what point of change to an intellectual property does that intellectual property become your own?
ANSWER - Don't know exactly, but I believe it deals with "calls to mind" or something like that. If your work still reminds most people of other protected work, you're probably in trouble.
10. What is a typical time frame of intellectual property case to be settled?
ANSWER - Don't know. contact an attorney.

Legal Authority

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

Well we all know how busy life can be, this being said I thought that it would be easiest for me to try and use a lawyer that I already knew rather than try and find one that I didn't. As it turns out this was not any easier to be able to meet up and get my questions answered. Now the lawyer that I chose to use is not an intellectual law lawyer, so why does this person make a good choice for answering my questions about intellectual property. This is a good question and my answer for that is this person is a long time friend of mine and has been in or around the law field for as long as I’ve known them. I also trust this individual which is more than most people can say about a lawyer. So I of coarse knowing the lawyer call him up and asked if he would be willing to answer a few questions for me for a school project. He agreed and then came the tricky part, finding time to be able to meet up. The name of the lawyer I chose is Taylor Waite and he works for Peel Brimley LLP. While Taylor is not an intellectual property Lawyer I feel that he is able to give me good honest answers for the questions I have for him to answer.

Thursday, November 18, 2010

Week 7 EOC: 10 Lawyers and Websites

1. Weide & Miller, ltd http://weidemiller.com/
2. Morishita Law Firm, L.L.C. http://www.morishitalawfirm.com/
3. McDonald Carano Wilson LLP http://www.mcdonaldcarano.com/index.html
4. Watson Rounds http://www.watsonrounds.com/
5. Law Offices of Philip A. Kantor, P.C. http://thekantorlawfirm.com/
6. Parsons Behle & Latimer http://www.parsonsbehlelaw.com/PracticeAreas/Intellectual-Property-Litigation.asp
7. Odunze & Kang LLP http://www.aok-law.com/
8. Weiss & Moy, P.C. http://www.weissiplaw.com/
9. Hankin Patent Law http://www.hankinpatentlaw.com/
10. Howard & Howard http://www.howardandhoward.com/

Week 7 EOC: Intellectual Property Questions?

1. What is the first step someone should take if or when they find someone else using their intellectual property without permission?
2. What is the best way(s) to protect your intellectual property?
3. What is the best way to protect my intellectual property when working under contract for someone?
4. What is some common legal issues while doing freelance work?
5. Do all states deal with intellectual property the same? How do they differ?
6. Do you know the rough percentage of cases that are found in favor of the original creator concerning intellectual property?
7. Doe intellectual properties stay the same in digital vs. printed form?
8. When is it necessary to trademark an Intellectual property?
9. At what point of change to an intellectual property does that intellectual property become your own?
10. What is a typical time frame of intellectual property case to be settled?

Thursday, November 11, 2010

Week 6 EOC : Illicit

What do you think of when you think of the black market? What kind of people do you associate when you think of the black market? The black market has changed drastically over the years and in today’s marketplace the trade of illegal goods ranges from drugs and firearms to merchandise like purses, sunglasses and computer or automotive parts. Some of the goods being illegally traded are nothing more than knock offs of the real items made in back shops and warehouses. Many of these places are man powered by people who could be considered modern day slaves. Many people buy these goods on the streets of major cities never giving a second thought to the networks of criminals behind the movement of these goods. Have you ever bought a knock off watch or a pair of sunglasses with a logo of an expensive brand for a cheap price from a peddler on the street? Did you ever stop to think that you could be in a way funding mass organized crime? The war on this type of criminal activity is reaching astounding levels. The scary thing about it is that governments around the world are losing the battle, with only a few victories in-between. These networks of criminals have reached out to more than you would think corrupting individuals in power and in high places. Sometimes even corrupting those who have been elected to enforce the laws and crack down on this type of activity. If this sounds like the plot of a Hollywood block buster it’s not it is real everyday life happening around the globe on a daily basis. National Geographic put a special together on this very subject and if you get the opportunity to watch it I think it would be as eye opening for you as it was for me. To think that some of the items many people need to function on a daily basis like medical drugs are being made in back rooms and shops made with any combination of chemicals to look like the real thing and then being packaged and sold is a very scary thing.

Thursday, November 4, 2010

Week 5 EOC: Lawyers Looking For Fame

In today’s world many people are out for fame and fortune, included in this bunch of individuals are the lawyers who are taking cases that they think will land them some face time in front of the nine justices of the Supreme Court. Many of these new breed of lawyers are finding cases that they think will give them the chance of a lifetime. Some might ask why it is a bad thing to want to present a case in front of the Supreme Court. To that I would say it isn’t a bad thing if done for the right reasons. However this was a statement in a New York Times article on this subject “There’s one and only one reason they’re interested,” Barry A. Schwartz, a criminal defense lawyer in Denver, said of many of the dozen or so lawyers who called him after he had won an appeals court decision on an issue that was likely to reach the Supreme Court. “It’s not because they love your client or believe in the legal principle your case presents. They want to get the case into the Supreme Court.” (http://www.nytimes.com/2010/10/10/us/10lawyers.html?_r=1)
Barry may be on to something with more and more lawyers wanting to try cases in the Supreme Court hoping to bring in bigger clients to their firms. In fact, in another article I found relating to this subject “David Mills, 33, was on the partner track at Jones Day but decided to set up a solo practice focused on federal appeals cases. Only two years into operating The Mills Law Office, he's about to argue a case before the U.S. Supreme Court.” (http://www.cleveland.com/business/index.ssf/2010/10/young_cleveland_lawyer_to_argu.html) Looking over the article you can make your own opinions as to whether David took on the case for the right or wrong reasons. You have to wonder though was it because he believed in her case or was it because he believed that her case could get him in front of the Supreme Court justices to argue on her behalf? Which in the end it did just that.
At the Stanford law school one can partake in a clinic designed for the purpose of getting one’s self ready to be one of these so called elite lawyers. “Stanford’s Supreme Court Litigation Clinic—the first of its kind at any law school—gives students the opportunity to explore a realm few lawyers experience in their careers: the Supreme Court of the United State.” (http://www.law.stanford.edu/program/clinics/supremecourtlitigation/) This just goes to show you where the practice of law may be headed if you and a student looking for fortune and fame. I do not think that all those who want to argue before the supreme court do it solely for the purpose of money of fame, but after looking through a few articles it seems that there are a few that want to do it for that sole purpose whether they admit to it or not.

Thursday, October 28, 2010

Week 4 EOC: Death Race Jeopardy

So what is Death Race Jeopardy? Death Race Jeopardy was a game we played in class tonight using the jeopardy games we created last week. We broke into team and played three different stages of the game. Each stage of the game we switched teams around and made smaller groups each time. The final game was the death race match in which we all got to gamble on the final outcome before the game started, the ending result was that we all got bonus points to put towards our midterm grades. Having studied before hand and then with the game I feel better prepared for the midterm, even if the competitiveness of the game withdrew some of the study reinforcement, At least for me that is. I think overall this game benefited those who did not complete the assignment and didn’t previously study as well. Some of the terms used in people games were things like misuse of patent, teach the invention, and world intellectual property organization. I enjoy when teacher use different or unconventional ways to teach student things that otherwise would bore you out of your mind. I mean there are literally 120 plus pages of definitions in the chapter we are studying for the midterm. So having to spend the time to read through the terms to find ones we wanted to use in our games was a great and fun way to learn many of the definitions and to learn a few new things about patents.

Thursday, October 21, 2010

Week 3 EOC: Jeopordy - challenges and opportunities


This week’s assignment is to build our own version of the game jeopardy or at least design the questions for the game using the 120 pages of definitions from the book. This is a way for us to not only learn the definitions but teach others definitions’ as well. In some ways this will be a good teaching method for those who are able to read and retain what they learn, it will also benefit those who are visual learners. In other classes where I’ve seen this type of thing used most people did benefit from it but in my opinion you learn very little long term outside the terms or definitions you research on your own. On the other hand it is a great way to involve everyone and try and get everyone to study the definitions in the book, most people would not study these definitions the way they should otherwise. Besides that it turns a rather boring subject into a fun interactive way to teach and learn the subject. The hardest part of the whole process the whole game design is writing the terms that you want to use so that others can answer the questions. I started designing my categories by trying to find definitions I could reword fairly easily which are turning out to be harder than I first imagined. Some of the things you think will be the easy things to define like acronyms are not as easy to do after all, besides that looking around it looks like a few other people were thinking the same thing. Not wanting to do the same thing as anyone else, which will probably be nearly impossible in a class this size, I’m off to greater learning and defining as I create my masterpiece.

Thursday, October 14, 2010

Week 2 EOC : What I think of lawyers

What I think of lawyers is that the majority of them are only out to help those who they can make the most money off of, granted there are a few that are honest hard working individuals who do genuinely care for the people they work with. I think that most lawyers become what they are by the cases they work on. Some are not out to earn a million dollars or become famous for what they do, others seem to only want to be recognized for the cases they win. Theses lawyers will carefully hand pick the people they will work with so that they can maximize the money they make. I recently went through bankruptcy this last year and the lawyer we used was all too happy to take our money and file our claim. Once our case was finalized the lawyer we were using did not feel the need to help us or even pass on important information that we needed having to do with our mortgage company. Needless to say our mortgage company nearly foreclosed on our house and we ended up having to pay a lot of extra money to keep from going to court over the whole thing. So some types of lawyers I really do not like and have very strong feelings (in the negative) about, while others like a few of my friends who are lawyers I do think very highly of. In my opinion I think it comes down to the type of law that the lawyer practices and about their personal integrity. Most lawyers forget about the integrity part after the first few years of their practice. The special ones, and yes there are a few of them out there, never forget about their integrity and still manage to have a very successful career.

Thursday, October 7, 2010

Week 1 EOC: My Voice

I am a freelance photographer who specializes in landscape, nature and life's little moments. I am also in the process of starting a studio to be able to shoot portraits, still life, food, and a variety of other things in a controlled environment. I have also shot weddings and other events. My passion for photography started at a young age watching programs like National Geographic and reading the magazines, or looking at all the photographs. I also grew up in the outdoors and have a passion for preserving the outdoors for others to see and admire as well. It is my goal to one day work for National Geographic.  A photograph documents a moment in time, that moment can be something like a couple’s wedding or a never before seen animal or plant. As a photographer my goal is to help others see things in nature or themselves in a way they have not been able to before. As a freelance photographer I plan on working for National Geographic and when I’m not traveling the world I will be working for myself in my own studio.