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Rasmussen University Famous Thieves Discussion

 

Read the following famous cases involving theft of intellectual property or trade secrets:

Mattel, Inc. v. MGA Entertainment, Inc., 616 F. 3d 904 (9th Cir. 2010)
Campbell v. Acuff–Rose Music, Inc., 510 U.S. 569 (1994)
Epic Sys. Corp. v. Tata Consultancy Servs., 2015 U.S. Dist. LEXIS 155713, 2015 WL 7301245

For each case you should explain:
the basic facts of the case
the Plaintiff’s argument
the Defendant’s argument
your opinion on whether the court “got it right” in terms of its ruling. Would you have ruled differently?

Trademarks

  • A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks that are used in interstate or foreign commerce may be registered with the United States Patent and Trademark Office (USPTO).A trademark typically protects brand names and logos used on goods and services. A patent protects an invention. A copyright protects an original artistic or literary work. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself. You would apply to register a trademark to protect the brand name of the vacuum cleaner. And you might register a copyright for the TV commercial that you use to market the product.Use of a business name does not necessarily qualify as trademark use, though other use of a business name as the source of goods or services might qualify it as both a business name and a trademark. Many states and local jurisdictions register business names, either as part of obtaining a certificate to do business or as an assumed name filing. For example, in a state where you will be doing business, you might file documents (typically with a state corporation or state division of corporations) to form a business entity, such as a corporation or limited liability company.Watch the following video, available from the USPTO:https://www.uspto.gov/trademarks-getting-started/trademark-basics/basic-facts-about-trademarks-videos
Reference

Intellectual Property Theft

In addition to patents, trademarks, and copyrights, there is a fourth type of intellectual property, called trade secrets. Trade secrets consist of information and can include a formula, pattern, compilation, program, device, method, technique or process. To meet the most common definition of a trade secret, it must be used in business, and give an opportunity to obtain an economic advantage over competitors who do not know or use it.

Courts can protect trade secrets by:

  • enjoining misappropriation
  • ordering parties that have misappropriated a trade secret to take steps to maintain its secrecy
  • ordering payment of a royalty to the owner
  • award damages
  • award court costs
  • award reasonable attorneys’ fees.

A trade secret holder is only protected from unauthorized disclosure and use which is referred to as misappropriation. If a trade secret holder fails to maintain secrecy or if the information is independently discovered, becomes released or otherwise becomes generally known, protection as a trade secret is lost. Trade secrets do not expire so protection continues until discovery or loss.

In additional to stealing trade secrets, another theft is infringement of a patent. Infringement of a patent consists of the unauthorized making, using, offering for sale, or selling any patented invention within the United States or U.S. Territories, or importing into the United States of any patented invention during the term of the patent. If a patent is infringed, the patentee may sue for relief in the appropriate federal court. The patentee may ask the court for an injunction to prevent the continuation of the infringement and may also ask the court for an award of damages because of the infringement.

The government may use any patented invention without permission of the owner of the patent, but the owner is entitled to obtain compensation for the use by or for the government. Patents require the inventor to provide a detailed and enabling disclosure about the invention in exchange for the right to exclude others from practicing the invention for a limited period of time. Patents do expire, and when that happens the information contained within is no longer protected. However, unlike trade secrets, patents may protect against independent discovery. If a given invention is eligible for either patent or trade secret protection, then the decision on how to protect that invention depends on business considerations and weighing of the relative benefits of each type of intellectual property.

References

Patents

  • A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. It grants the right to exclude others from taking the following actions with regards to the invention:
    • Making
    • Using
    • Offering for sale
    • Selling
    • Importing into the United StatesGenerally, the term of a new patent is 20 years from the date on which the application for the patent was filed. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. A patent cannot be obtained upon a mere idea or suggestion. The patent is granted upon the new machine, manufacture, etc., as has been said, and not upon the idea or suggestion of the new machine. A complete description of the actual machine or other subject matter for which a patent is sought is required. The owner of the patent must enforce the patent themselves.There are three types of patents:
    1. Utility patents ay be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition or matter, or any new and useful improvement thereof
    2. Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture
    3. Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant
      Reference
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