Description Refer to Chapter 15 in your course textbook for this discussion. Respond to the follow ...
Description Refer to Chapter 15 in your course textbook for this discussion. Respond to the following: Explain the types of intellectual property rights today pursuant to the chapter reading. Discuss one lawsuit involving intellectual property within the last three years. Summarize the facts, the law in dispute, and the decision/reasoning by the court. Did you agree with the decision? Why or why not? Note: Use the NEXIS-Uni database. Please do not use an article, find a lawsuit in the database. Also, do not write about Apple, Microsoft, Facebook, or Google. Try to find a case example in your home state. Be sure to respond to one of your classmates' posts. Please provide answers to the discussion questions that are researched, informed, and substantiated by citing sources following Strayer Writing Standards. CLASSMATE POST: Reply from Latifa Winters Hi All, The types of intellectual property rights are patents, copyrights, trademarks, and trade secrets. Patents last 20 years from the filing date and 15 years for design patents. They are exclusive rights to use and profit from and they must be nonobvious, novel, and useful. Using patent ideas without consent constitutes infringement. Copyrights protect authors of books, magazine articles, plays, movies, songs, dances, and photographs. They also protect you against vicarious infringement third parties who facilitate infringement. Trademarks are words, pictures, designs, or symbols used to identify a product. Trade secrets are customer lists, customer information, and data processed a certain way. In the case of Aviator LLC wins $330 million trademark and copyright lawsuit against gambling operators, the court ruling found copyright and trademark infringement and invalidated trademark registrations based on bad faith registration and copyright infringement and awarded the plaintiff $330 million in damages. “Aviator LLC filed a lawsuit against Spribe OÜ, claiming that the trademarks should be invalidated on two grounds: 1) the trademarks were registered in bad faith because SPRIBE OÜ knew about the plaintiff's rights while using the plaintiff's image and trademark for its Crash game; and 2) the trademark registrations infringed the plaintiff's copyright in the above-mentioned image. On August 20, 2024, the Court of First Instance issued its decision and granted all of the plaintiff's claims. The Court ruled that Spribe OÜ's trademarks were registered in bad faith and that Spribe OÜ's trademarks infringed the plaintiff's copyright on his image. With this ruling, the Court invalidated the contested trademark registrations for the reasons stated above.” I agree with the court’s ruling because you cannot use someone’s intellectual property without permission and without compensation. You must have permission and be sure that you are giving them all the credit that is due to them and the partition of your earnings for using their property. There must be a binding contract before using someone’s intellectual property. Sources 1. Jennings, Marianne M. Business: Its Legal, Ethical, and Global Environment. Available from: Strayer University Bookshelf, (12th Edition). Cengage Learning US, 2021. 2. "Aviator LLC wins $330 million trademark and copyright lawsuit against gambling operators". Impact Financial News, August 29, 2024 Thursday. advance-lexis-com.libdatab.strayer.edu/api/document?collection=news&id=urn%3acontentItem%3a6CVD-FMK1-JDG9-Y0M3-00000-00&context=1519360&identityprofileid=XG7R2Q51703. Accessed October 31, 2024.
