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.

http://www.chinadaily.com.cn/cndy/2008-08/28/content_6976700.htm

http://www.imediaconnection.com/news/15951.asp

http://usatoday30.usatoday.com/money/industries/manufacturing/story/2012-03-01/mattel-bratz-dolls-mga-appeal/53317986/1

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.

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 

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

Week 5 EOC Midterm

Louven Misalucha

BUS250

Week 5 EOC

31 October 2013

Challenges with Modern Internet

Challenges with the usage of modern internet has always been there because it’s always upgrading, changing, and there is always new gadgets to try out. Modern internet has so many obstacles like annoying commercials or pop-ups that are unwanted. We definitely got to have security in our computers just in case, secondly on the challenges, unreliable websites,  third, there are many blogs that may not have done their research well, fourth, lies, and so on with the many obstacles. There is always something new that comes up and becomes popular— like new computer games or apps. These can be highly addicting and distracting. Distraction from homework, boredom, physical social interactions with people, and it can even hurt people’s eyes if they look through the screens in long periods of time. It can also affect users psychologically. “Whether people are trying to escape problems and reality or they will go through withdrawal if they aren’t surfing the net or chatting, it is still psychologically unhealthy.” It can also go on effect towards physical health. People who actively need the use of a computer with internet take many hours just sitting. We all hope that they can balance their time and hope they exercise.  Lastly there is the internet use from other countries which can be a little different too. In China there are certain restrictions they need to follow. There is just so much to consider when it comes to internet use. We have to be careful.

http://www.fordham.edu/Halsall/mod/modsbook.asp

http://iml.jou.ufl.edu/projects/spring03/mentzer/disadvantages.htm

Week4 EOC Copyrights

October 24, 2013

Copy Rights

Copyrights are sure important when it comes to securing your hard work and your name. “The owner of a copyright has the exclusive right to reproduce, distribute, perform, display, license, and to prepare derivative works based on the copyrighted work.” (Cornell) When applying or registering your work for copyright makes sure it is fully covered or paid correctly because it’s protection wouldn’t really work. If improper completion is unattained you might be fined, less of course you immediately do proper cancelation. Here’s another great way to define copyright by NOLO’S PLAIN-ENGLISH LAW DICTIONARY… “A bundle of exclusive rights granted to the author of a creative work such as book, movie, song, painting, photograph, design, computer software, or architecture. These rights include the right to make copies, authorize others to make copies, make derivative works, sell and market the work, and perform the work. Any one of these rights can be sold or licensed separately through transfers of copyright ownership. Copyright rights are acquired automatically once the work is fixed in a tangible medium of expression. Registration of the work with the Copyright Office offers additional benefits to the copyright owner.” A good side note is that don’t confuse trademark, patent, and copyright because these three are all different in there. A trademark is simply an image, phrase, or symbol that identifies that certain work or person’s work. A patent has it’s limit until the invention is “in exchange in public disclosure.” Once I have my work out there I certainly would like to have them secure and credited under my name.

http://www.law.cornell.edu/wex/copyright

http://www.uspto.gov/trademarks/basics/definitions.jsp

http://www.americaslibrary.gov/about/copyright.html

Week3 EOC Erin Brockovich

Erin Brockovich on PG&E 

After accomplishing Erin Brockovich pro bono case, her hard work and determination paid off. She didn’t just gain friends within the community; moreover, she achieved a higher pay raise, and acknowledgment especially since they made a movie out of her story. She is definitely one strong wielded woman who sure knows what is right. Winning this case with her having problems in health, her divorce with children, and no formal education in law, she is one determined individual. “Erin’s persistence paid off, and in 1993, 634 Hinkley residents hired Masry & Vititoe to sue PG&E. After nearly four years in arbitration, the Hinkley case was settled behind closed doors for $333 million - the largest direct-action lawsuit in U.S. history.” (BiographyChannel) She needed money and she had the passion to help out and give justice. “She has frequent speaking engagements and travels to far-flung pollution hot spots, which include stays in Australia, Italy and Japan. Greece will be a future visit.” (Jim Steinberg, sbsun) Many try to contact her from around the world, and she continuous to quickly respond to reach out to those in need of help. From one case to another, it sure was a great advantage and leap for her be heroically famous since the movie, Erin Brochovich skyrocketed. What is sad though is that even when she helped out the town, “PG&E estimates its take could [be] another 40 years to clean up all of the chromium 6 pollution. That draws grim laughter from people in Hinkley. They predict that within 10 years, their community will be a ghost town.”(voanews) Though unfortunate for the town it all takes time and no matter what, many still look for her help and solution.

http://www.voanews.com/content/unhappy-ending-for-erin-brockovich-town/1655514.html

http://www.thebiographychannel.co.uk/biographies/erin-brockovich.html

http://www.sbsun.com/general-news/20130709/hinkley-erin-brockovich-feels-duped-by-pge