Thursday, November 21, 2013

Week 8 EOC Brats Brawls
Louven Misalucha
Nov. 22, 2013                           
Research on Mattel & Brats (laws)
Spying?  Going under cover! Secretly attaining information on highly known product? Yes, on a child’s toy . . . Barbie. Again another re-match fight between Mattel Inc. and MGA Entertainment arises. Dealing with intellectual rights can be a tough one since it is behind ones idea, dreams coming true, and I’m sure from the very beginning, a lot of emotional attachment. It can surely lead to anger and frustration when you find out someone stole your ideas and secrets that made you successful. “Mattel alleges that MGA stole trade secrets by encouraging Mattel employees from Mexico, Canada and the U.S. to download Mattel documents before coming to work at MGA, according to court documents.” They have claimed many more from someone going the borders of going incognito and it’s just non-stop. They keep finding more evidences as they say. So with all that going on, “while the jury awarded Mattel $31,500 for MGA's illegal conversion of its property and found MGA concealed the fraud, jurors rejected Mattel's claim of willful infringement and its request for punitive damages.” Finally, Mattel wins $100 million in this Bratz Brawl— well; at least we hope it’s finally over. “The verdict was overturned on appeal, however, and a second jury last year found in favor of MGA on the copyright issue.”(2012) I have owed Barbie dolls and Bratz dolls when I was a child but never new of such schemes behind them. What can we really do about that? Well, all I can say that I don’t think this issue would affect consumers who buy their products. Barbie will forever be a girl’s toy. It’s a classic. Not sure much of Bratz future, but style wise I did prefer Bratz once it came out.


Week 8: 10 Questions

Week 8_10 Questions to ask lawyer:
(Legal questions for to Photographers)
1. I was contacted by someone and asked if I would photograph her wedding.  I just want to know if I need a business license. I do photography as a hobby, not as a business.
2. Dealing with the issue of sales tax when discussing pricing options with your clients. Do you give them your package rates and let them know that __% sales tax will be added onto the final cost (assuming that the final product will be delivered in the same state your business operates in)? Or do you build the sales tax into the rates you discuss with your clients? Does it depend on the state?
3. Q: Can I photograph people and places as long as I am standing on public property?
4. Can I sell/publish photographs taken on public land?
5.  Can I sell photographs I take of private property?                                                                                     (Is it legal to take a picture of someone's house and use the image in blank photo note cards or framed enlargements without the owner's permission?)
 6. When asked by private security staff am I required to give my personal details?
 7.  When asked by the Police, am I required to give my personal details?
 8. Interesting question: Let’s say I’m out in the jungle and a monkey steals my camera and takes a bunch of pictures with it (there were some actual good shots too) Who (if anyone) owns the rights to the pictures?
9. Can a photographer use pictures of my baby to advertise without my consent?                                           (The photographer we used for our newborn baby shoot is using pictures of my infant daughter (without clothes on) to advertise with. I asked her to take the photos down, she refuses. What are my rights?)
10. Can I sell & or just present in an art gallery images of my child that is partially nude?                     Meaning very avant-garde/eclectic, making them look like living dolls, sometimes covered in moss or fairytale like designs, make it look dated(black & white/Sepia) something odd.




Thursday, November 14, 2013

Week 7 EOC; Lawyer

Louven Misalucha 11/14/13
BUS250A Week 7 EOC; Lawyer Las Vegas Law Office

 http://lawyers.findlaw.com/lawyer/statepractice/nevada/las-vegas

Ø  Bowler Dixon & Twitchell LLP           
3137 East Warm Springs Road, Suite 100 Las Vegas, Nevada 89120
Phone: 702-425-5671   Toll Free: 877-705-4723
Ø  Flangas McMillan Law Group
3275 South Jones Blvd., Suite 105 Las Vegas, NV   89146  (702) 307-9500                                            > The Bach Law Firm, LLC
6053 S. Fort Apache Road, Suite 130 Las Vegas, NV 89148
Phone: 702-925-8787
Ø  Kajioka & Bloomfield,
8530 W. Charleston Blvd. Suite 100 Las Vegas, NV 89117                                                                      Phone: 702-530-7927 Toll free: 800-379-6957

http://www.mcdonaldcarano.com/attorney_detail.cfm?AID=38

Ø  Cody Noble
cnoble@mcwlaw.com   Phone 702-873-4100 
Business Entities & Transactions; Tax Law; Trust & Estates
Ø  Scott Swain
sswain@mcwlaw.com   Phone 702-873-4100
Ø  Thomas Wilson
twilson@mcwlaw.com  Phone 775-788-2000
Ø  George F. Ogilvie III
gogilvie@mcwlaw.com  Phone 702-873-4100
Ø  John Frankovich
jfrankovich@mcwlaw.com          Phone 775-788-2000
Ø  Kathleen Drakulich

kdrakulich@mcwlaw.com            Phone 775-788-2000 

Thursday, November 7, 2013

Week 6 EOC Supreme Court Prayer


Week 6 EOC Supreme Court Prayer
Louven Misalucha
November 7, 2013

Beginning class with a prayer was odd especially since I never expected it to ever happen in this Contracts Negotiations and Copyright class, but obviously I knew it would have to do with the lecture. Having asked for us to stand for a prayer was easy to follow since I’m used to saying prayers at church, family activities, daily routines, and in Sunday school, though it did feel uneasy especially when one of the students came up and read it of a printed paper. I was laughing to myself thinking— is he serious? The teacher did come up with why he did this. He said if the prayer sounded familiar.  He said it was direct words from the Supreme Court prayer before beginning a council meeting. “The Supreme Court, testing the wall between church and state in a sensitive case, wrestled Wednesday with how far government bodies can go in offering prayers at the start of official meetings.” It has always been a struggle as to what is right from wrong, whether or not one should say them. Words like “In God We Trust,” or “…under God,” all these found in American money and the pledge to the country and flag has been argued about. “Congress and state legislatures regularly open their sessions with a prayer. The question in part before the court is whether local government bodies are different…” How can we deal with this? The prayer included Jesus Christ. Obviously not everyone believes in him nor does everybody believe in God or any gods. That must have been one uncomfortable situation. It can’t really be the Supreme Court’s fault. They are doing their best to compromise each religion. This situation has been taken to court many times and it just seems to expand the complications. Then what about those without an exact belief? “Laycock said there were many such prayers acceptable to people of different faiths, and many examples even from Greece town council meetings. As for atheists, Laycock continued, legal precedent implies that “atheists cannot get full relief in this context.”
http://usnews.nbcnews.com/supreme-court
http://www.cnn.com/2013/11/06/us/supreme-court-board-meeting-prayers/index.html    
http://www.huffingtonpost.com/2013/11/07/supreme-court-prayer_n_4228715.html