Week 1 - Zoom Class _Creation Flashcards
International News Service v. Associated Press
Court chooses not to spend time on the news as property question at common law, instead it determines that INS’s behavior is _______ _____________ in _____________.
Unfair competition
Business
International New’s Service v. Associated Press
Court chooses not to spend time on the news as property question at common law, instead it determines that INS’s behavior is unfair competition in business.
Purpose of court’s ruling is to protect against the appropriation and sale of news as a product of one’s own creation, and to _____ ___________ where one has not _________.
Deter harvesting
Sown
The court says that INS v. AP is a _____________________________.
quasi-property right
Example: The whether channel is not going to sue me because I told people the temp because that information has already been disseminated and I’m not making money by telling you the temp. But if my business wants to tell you the whether and instead of gathering that information myself I stole it from someone else then that would be a problem. As compared to other entities and direct competition there is a __________________________.
Quasi-property right
What does it mean “to deter harvesting where one has not sown?”
If means that you can’t get the benefit if you haven’t put in the work
Cheney Bros v. Doris Silk
No protection for the designer silk manufacturers during “the season.”
Court’s ruling seeks to prevent ___________ and allow comparable goods at lower prices to be ___________ to the public.
Monopoly
Available
General Rule: Acquring property by creation:
In the _________ of some right recognized at common law, or under the statutes, a person’s ___________ is limited to the personal property which embodies his/her ____________.
Absence
Property
Invention
General Rule: Acquiring property by Creation:
In the absence of some right recognized at common law, or under the statutes, a person’s property is limited to the personal property which embodies his/her invention.
Others can imitate at their pleasure because:
1.
2.
- It encourages improvement of products available to the public, and
- Reduces price
___________ protects words or symbols that indicate the source of a product.
Trademark
_________ protect processes and products that are novel useful and non-obvious. Can take years to get and by the time of get it, it might be out of style.
Patent
____________ protect expression of ideas and books, articles, music and art.
Copyrights
While it is good to allow people to imitate we don’t want people to counterfit. Counterfeiting costs ________ and _________ billions in sales per year.
Manufactures
Retailers
If one of the parties sues seeking trover, what do they want?
A. The actual body of the deer
B. The monetary value of the deer
B. The monetary value of the deer
If one of the parties sues seeking replevin, what do they want?
A. The actual body of the deer
B. The monetary value of the deer
A. The actual body of the deer
What is required to obtain ownership over a wild animal in a recreational context?
Achieving first possession, and thus ownership requires the following elements:
1. Mortal wounding; and
2. Not abandoning pursuit
3. With the intention of appropriating the animal to one’s own individual use, such that
4. The hunter has deprived the animal of it’s natural liberty and brought within his/her own control.
