What is Copyrights Trademark and Patent?
Last night, we attended a DC Bar fashion law panel discussion, "For the Love of Fashion: Protect Yourself, " at Baker Hostetler in Washington DC. It was a very informative and comprehensive discussion from in-house and outside counsel, including DLA Piper's Lisa Norton, who is Of Counsel in the Patent Prosecution group, on trademark, copyright, and patent protection as well as current hot-button developments in fashion law and anti-counterfeiting.
From this panel discussion, we gathered four key takeaways:
1. The fashion industry is a trillion dollar business that deserves protection just like any other industry. The more distinctive the brand or product (think, Louis Vuitton or Chanel), the more consumers have to pay for it. Therefore, there is immense value for fashion companies to settle some form of intellectual property protection, whether it is trademark, copyright or patent protection, for their designs.
2. Patents, particularly the design patent, are the most under-utilized mechanism for protection in the fashion industry. A design patent protects the overall aesthetic appearance of a design (i.e., the ornamental aspects or shape of an article), whereas a utility patent protects how an object operates or functions (i.e., the functional/utilitarian features). Unlike utility patents which are costly and very difficult to register, design patents are the easiest and most cost-effective form of protection. However, the primary issue with design patents is, of course, timeliness since fashion is constantly changing and it takes about 6 to 8 months to secure a registration. By that time, the subject design is likely already widely-circulated in commerce and either on the "hot" or "not" list in fashion. In addition, if fashion companies fail to file for a design patent at the outset (i.e., before the subject design is widely-circulated, duplicated and/or knocked-off in the marketplace), they could forfeit their right to obtain a design patent because the design would no longer be considered original.
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Microsoft Corp. and the entertainment industry's holy grail of controlling copyright through the motherboard has moved a step closer with Intel Corp. now embedding digital rights management within in its latest dual-core processor Pentium D and accompanying 945 chipsetOfficially launched worldwide on the May 26, the new offerings come DRM-enabled and will, at least in theory, allow copyright hol... assistant dean for strategy and innovation, IT faculty, Bill Caelli.
"It's a dual use technology. It's got uses and misuses. Intel has to answer what guarantees it is prepared to give that home users are safe from hackers. Not maybes, guarantees".
Caelli said it was "critical Intel comes clean" about how the current DRM technology is embedded into the new CPU and chipset offering.
In many cases yes.
Actually in most cases.
What they plan on doing is using technology that Google developed to scan and digitize the information into readable/searchable text. Then, they'll have people go through each text to ensure that puncuation and spelling is accurate.
A slew of university libraries are a part of this affair: Oxford, Stanford, Michigan, and Harvard, just to name a few will have all of most of their non-copyrighted materials scanned. Stanford is set to digitize all of their non-copyrighted materials, same with Michigan. Oxford plans on digitizing a lot of materials pre-dating 1900. And Harvard has agreed to 40,000 pieces in their collection before doing all non-copyrighted materials.
And anyone who remains a Comcast customer is putting money directly into the pockets of a corporation that will censor what they can view.
I understand the idea behind the ban. Torrents are quite often used to transmit copyrighted materials. But they're also used by legitimate websites to do downloads as well as by up and coming artists who choose to spread their work in order to build their rep rather than take 5% of the cut for thier CD/DVD/other.
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