...Table of Contents General IP Policy/theory 1 Trademarks 2 Foreign Treaties 4 Types of Marks 4 Infringement (Polaroid Test) 9 Defenses 10 Internet/UDRP 12 Dilution 13 Remedies 14 Copyrights 16 Derivative Works 19 Moral Rights 21 Renewal/Termination 23 Infringement (tests) 24 Fair Use/Defenses 15 DMCA 27 Remedies 29 Publicity/Misappropriation 32 Patents 34 Patent Prosecution 36 Utlity/Novelty /Non-Obvious 38 Priority 39 Statutory Bars 40 Infringement 41 Defenses 43 Remedies 44 Trade Secrets 46 IP In General I. Origins a. Patents began in Venice b. Copyright began in England - Publisher competition c. Trademarks - Guild System would mark the bottom of product so that people would know from whom they were purchasing II. Federal Authority a. Copyright/Patent Authority Article I Sec.1 cl. 8 i. “Progress of science and useful arts” 1. Science is copyright, and useful arts is patents 2. In the days of the Constitution means “knowledge.” ii. Utilitarian clause – not based on the moral rights iii. Most protection is pretty much on federal level. iv. Certain States with particular businesses adopted their own laws, which Congress eventually incorporated...
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...OF SMA L L B U S I N E S S BIG BOOK THE Y O U D O N ’ T H AV E T O R U N Y O U R B U S I N E S S B Y T H E S E AT O F Y O U R P A N T S TO M G E GAX with Phil Bolsta Previously published as By the Seat of Your Pants This book is dedicated to my father, Bill, an old soldier who battles every day to overcome a horrendous stroke. He was a model enlightened entrepreneur, a fact that took me years to appreciate. His compassion with his employees and dedication to service inspired me to be a better businessman and a better person. When I was growing up, he liked to say, “Son, the most important word in the English language is ‘empathy.’ ” When I told him I was starting a business, his first words were, “Always treat your employees right.” He learned that appreciation the hard way, losing his father at a young age and countless war buddies in the trenches. But his love for God, country, and his fellow citizens never wavered. This one’s for you, Dad. CONTENTS Foreword by Richard Schulze, Found er and Chair man, Best Buy ix Introduction: Living by the Seat of My Pants: A Jour ney from Clueless to Cashing In xi PART I Setting Up Shop: What Ever y Budding Entrepreneur Needs to Know 1 1. Make Up Your Mind: Uncommon Factors to Consider Before Quitting Your Day Job 2. Research the Market: Analyzing the Data to Determine Your Niche 3. Write the Business Plan: Building Your Blueprint for Success 4. Find Funding: Raising Capital Without Relinquishing...
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...Applied SOA Service-Oriented Architecture and Design Strategies Mike Rosen Boris Lublinsky Kevin T. Smith Marc J. Balcer Wiley Publishing, Inc. Applied SOA Applied SOA Service-Oriented Architecture and Design Strategies Mike Rosen Boris Lublinsky Kevin T. Smith Marc J. Balcer Wiley Publishing, Inc. Applied SOA: Service-Oriented Architecture and Design Strategies Published by Wiley Publishing, Inc. 10475 Crosspoint Boulevard Indianapolis, IN 46256 www.wiley.com Copyright 2008 by Wiley Publishing, Inc., Indianapolis, Indiana Published simultaneously in Canada ISBN: 978-0-470-22365-9 Manufactured in the United States of America 10 9 8 7 6 5 4 3 2 1 No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except as permitted under Sections 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA 01923, (978) 750-8400, fax (978) 646-8600. Requests to the Publisher for permission should be addressed to the Legal Department, Wiley Publishing, Inc., 10475 Crosspoint Blvd., Indianapolis, IN 46256, (317) 572-3447, fax (317) 572-4355, or online at http://www.wiley.com/go/permissions. Limit of Liability/Disclaimer of Warranty: The publisher and...
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