1. What is the difference between trademark and patent?
2. Nike and Michael Jordan created the Air Jordan line in the 1980's. Jordan filed suit against a Chinese Sportswear company Qiaodan Sports, in China. Jordan is known as Qiaodan in China and the company uses the logo of a man holding a basketball with the number 23. The Chinese company registered Qiaodan as a trademark in China and also filed for trademarks in Jordan's sons' names. According to the complaint, Qiaodan had sales of $450 million per year. Do you think Jordan will be successful in his suit against Qiaodan? Why or Why not?
3. What must a party prove in order to recover under the theory of quasi-contract?
4. An oral agreement was made between 3 guys to put some money together and open a restaurant. In order to do this they had to first form a joint company. However, one of the guys did not have the money at the time the company was formed and was therefore pushed out of the deal by the other two guys. The man, who was pushed out, sued the other two. The defendants argued the plaintiff had no documentation to support his claim. The court had to decide if the plaintiff's complaint and statement of fact could support a breach of contract claim when no contract seemed to exist. Furthermore. the course considered the idea that quasi-contract could maintain a cause of action that could consist of the theft of ownership opportunity and/or breach of fiduciary duty. How do you think the court decided? Why?
1. Why did Viacom sue YouTube? Be specific.
2. How has the Internet made it more difficult to balance the rights of intellectual property creators with others?
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In business law, a patent is the property right that is granted to an entity by the United States (US) Patent and Trademark Office (Herron, Kubasek, Barkacs, Browne & Dhooge, 2015). Conversely, a trademark is composed of words, phrases, and logos that are registered and restricted in use. A patent holder can exclude other entities from making, using, and selling an innovative idea or invention for a limited period. The applicant of a patent can have an exclusive right because the applicable maintenance fees are applied for 20 years (Herron et al., 2015). A trademark is based on the intrastate, and the state common law provides the necessary protection (Herron et al., 2015). Also, for an individual to have protection in interstate use, the trademark should have to be registered under the Lanham Act of 1947.
Patents are designed to prevent entities using an invention, while trademarks protect the logos, words, symbols, and phrases that prevent competitors from using them (Herron et al., 2015). Also, trademarks provide the owner with exclusive rights on the application of specific phrases and images. Thus, other people and competitors cannot use the same trademarks on their goods and services. A patent could be designed to protect the design of services and products, while patents are based on innovations....
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