Featured, Intellectual Property
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Dr. Rayan F. Coutinho is an Intellectual Property and Technology Law attorney at the law firm of Wood & Lamping LLP and can be reached at 513-852-6030 or by email at rfcoutinho@woodlamping.com.
Discussion
This analysis is a very fact specific inquiry. Use of a photograph without permission of the subject person or the owner of the subject property, depending upon the specific facts, could result in the following claims (among others) against the person who takes the photograph as well as the person who uses the photograph: (1) violation of the right of publicity; (2) violation of the right of privacy; (3) defamation; and (4) copyright infringement.
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admin @ October 6, 2009
Business & Corporate
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The Corporate Opportunity Doctrine has generally been described as a corollary of the undivided loyalty rule which prevents a director from appropriating an opportunity from the corporation. Ohio uses the “line of business” test to identify corporate opportunities which directors or officers may not appropriate themselves.
The elements of a cause of action under the corporate opportunities doctrine are: (1) Defendants were officers and/or directors of the corporation; (2) In such capacity, defendant acquired knowledge of an investment or business opportunity; (3) The opportunity was in the line of the corporation’s business; and (4) The opportunity would be advantageous to the corporation and the corporation is able to accept the opportunity.
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admin @ August 28, 2009
Intellectual Property
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Simply put, the doctrine of “fair use” exempts certain unauthorized uses of copyrighted material from infringement liability. It must be noted that this is a very subjective and fact-specific determination. The fair use defense involves a balancing of the interests of authors and inventors on one hand and society’s competing interest in the free flow of ideas, information, and commerce on the other hand.
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admin @ August 28, 2009
Intellectual Property, Technology Law
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The General Services Administration (GSA) is a federal agency responsible for oversight of the dot-gov internet domain name. To preserve the integrity of .gov name space, .gov domain names are limited to the United States government organizations at the federal, state and local level.
No private entity can register a .gov domain name. The domain name the community selects must include the community name and a clear reference to the state in which the communityis located.
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admin @ August 21, 2009
Intellectual Property
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Can public train schedules be protected by copyright laws? The New York Transportation Authority seems to think so. Here’s a recent article by Dana Oshiro on this issue. New York’s Metropolitan Transportation Authority has sent a take down notice to Greenwich man Chris Schoenfeld for using Metropolitan Transportation Authority schedules to power his StationStops iPhone application. For the complete article, please click here.
admin @ August 20, 2009