Aa. What Does the Supreme Law of the Land Say

LAW CLASS, MARCH 29, 2016

Judge Naidu © ® ™ ℗

COPYRIGHT YOUR NAME

Fatuus praesumitur qui in proprio nomine errat (Latin) - A man is presumed to be simple who makes a mistake in his own name.

SOMEONE, SOME GOVERNMENT AGENCY, UTILITY COMPANY, TELEPHONE DIRECTORY, POST OFFICE, UPS, FEDEX, MASS MAILING SERVICE, ETC. USES YOUR NAME WITHOUT YOUR APPROVAL, PERMISSION AND CONSENT – WHAT CAN YOU DO ABOUT IT

AA. WHAT DOES THE SUPREME LAW OF THE LAND SAY:

The US Const. encourages creativity in Art. 1, sec. 8, cla. 8:

“To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries (I discovered I can copyright my name, obtain a trademark, patent it, and label it as a “trade secret” because I am worth millions – my BC bond, for example. Is that not a discovery when you discover something through knowledge?)

a)Have you creatively done something about your name, OR WITH YOUR NAME, so you can copyright it?

b)First Amendment freedom of speech – you can say whatever you like even if what you say is vulgar, lewd, unpleasant, hateful, dangerous,; or you can say “I wish to copyright my name” to a number of witnesses, and thereafter,

c)Invoke Art. 1, sec. 10 of the U.S. Const. so that “No State shall impair the obligation of a contract…” after you have notified the authorities (like the Governor of your State) that your name, either birth name, or name of your choice, has been copyrighted.

d)Make sure your name is creative and innovative, and not just a creation after months of thinking and “sweat of the brow” work. It will not fly.

e)Build a car from parts derived from various vehicles, and now you have your very own “invention” with a Ford chassis, a Toyota engine, a Volkswagen fender, Honda doors, an Oldsmobile axle; Lincoln rims and tires….. call it whatever yur like, or attach your name to it, like a Widlar, Duhart, Hancock, Capello, Naidu, whatever . . . is this copyrightable you think – after all it is an Useful art, right under 188? Or call it a Widlar 188….what do you think?

Case law perspective:

Feist Publications, Inc., v. Rural Telephone Service Co., 499 U.S. 340 (1991), a SCOTUS case, examined the purpose of copyright and explained the standard of copyrightability as based onoriginality. And that information alone without a minimum of original creativity cannot be protected by copyright.

(So, be creative and copyright your name so that nobody can use it without your consent and permission)

The so-called "sweat of the brow" or "industrious collection" doctrine is not sufficient to get your acts copyrightable. So, WORK SMART. NOT HARD is what the SCOTUS is saying. Get creative like copyrighting your name and letting the Governor of your State note and know.

BB. After you copyright your name, how about obtaining a trademark for it.

The Difference BetweenCopyrightandTrademark. While both offer intellectual property protection, they protect different types of assets.

Copyrightis geared toward literary and artistic works, such as books and videos. Atrademarkprotects items that help define a company brand, such as its logo. (e.g. your name whether in upper or lower case).

CC. Apatentis a limited duration property right relating to an invention, granted by the United States Patent and Trademark Office in exchange for public disclosure of the invention.

Patentable materials include machines, manufactured articles, industrial processes, and chemical compositions.The duration of patent protection depends on the type of patent granted: 14 years for design patents and 20 years for utility and plant patents.

(is your name patentable because you parents chose the name for you, and therefore you are entitled to either use it or change it and patent it?)

DD. A “trade secret” means all forms and types of financial, business, scientific, technical, economic, or engineering

information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible (YOUR IDEAS), and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if:

(A)the owner thereof has taken reasonable measures to keep such information secret;

(B)and (B) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, the public. 18 U.S.C. § 1839(3).

DD (i) “Misappropriation” of a trade secret means an acquisition, disclosure, or use of a trade secret by “improper means.”

UNIFORM TRADE SECRETS ACT § 1(2). “Improper means” is a term that “includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.” Id. §1(1).

EE. The Copyright Act, Patent Act, and Lanham Act provide legal protection for intellectual property against unauthorized use, theft, and other violations of the rights granted by those statutes to the IP owner.

The Copyright Act provides copyright owners with the exclusive right to control reproduction, distribution, public performance, and display of their copyrighted works. The Patent Act grants patent holders the right to exclude others from making, using, offering for sale, or selling their patented invention throughout the United States, or importing the inventionqq into the United States.

The Lanham Act allows sellers and producers of goods and services to prevent a competitor from:

(1) using any counterfeit, copy, or imitation of their trademarks (that have been registered with the U.S. Patent and Trademark Office), in connection with the sale of any goods or services in a way that is likely to cause confusion, mistake, or deception,

(2) using in commercial advertising any word, term, name, symbol, or device, or any false or misleading designation of origin or false or misleading description or representation of fact, which:

(a) is likely to cause confusion, mistake, or deception as to affiliation, connection, or association, or as to origin, sponsorship, or approval, of his or her goods, services, or commercial activities by another person, or

(b) misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities.

DAMAGES FOR BREACH OR VIOLATION OF COPYRIGHT, TRADEMARK PATENT (INTELLECTUAL PROPERTY) INFRINGEMENT)

Violations of the federal intellectual property laws:

Remedies and penalties for the following intellectual property offenses:

• 17 U.S.C. § 501 (copyright infringement);

• 17 U.S.C. § 506(a)(1)(A) and 18 U.S.C. § 2319(b) (criminal copyright infringement for profit);

• 17 U.S.C. § 506(1)(B) and 18 U.S.C. § 2319(c) (criminal copyright infringement without a profit motive);

• 17 U.S.C. § 506(a)(1)(c) and 18 U.S.C. § 2319(d) (pre-release distribution of a copyrighted work over a computer network);

• 17 U.S.C. § 1309 (infringement of a vessel hull or deck design);

• 17 U.S.C. § 1326 (falsely marking an unprotected vessel hull or deck design with a protected design notice);

• 17 U.S.C. §§ 1203, 1204 (circumvention of copyright protection);

• 18 U.S.C. § 2319A (bootleg recordings of live musical performances);

• 18 U.S.C. § 2319B (unauthorized recording of motion pictures in movie theaters);

• 15 U.S.C. § 1114(1) (unauthorized use in commerce of a reproduction, counterfeit, or colorable imitation of a federally registered trademark);

• 15 U.S.C. § 1125(a) (trademark infringement due to false designation, origin, or sponsorship);

• 15 U.S.C. § 1125(c) (dilution of famous trademarks);

• 15 U.S.C. §§ 1125(d) and 1129 (cybersquatting and cyberpiracy in connection with Internet domain names);

• 18 U.S.C. § 2318 (counterfeit/illicit labels and counterfeit documentation and packaging for copyrighted works);

• 35 U.S.C. § 271 (patent infringement);

• 35 U.S.C. § 289 (infringement of a design patent);

• 35 U.S.C. § 292 (false marking of patent-related information in connection with articles sold to the public);

• 28 U.S.C. § 1498 (unauthorized use of a patented invention by or for the United States, or copyright infringement by the United States);

• 19 U.S.C. § 1337 (unfair practices in import trade);

• 18 U.S.C. § 2320 (trafficking in counterfeit trademarks);

19 U.S.C. § 1526(e), 15 U.S.C. § 1124 (importing merchandise bearing counterfeit marks),18 U.S.C. § 2320(h) (transshipment and exportation of counterfeit goods);

• 18 U.S.C. § 1831 (trade secret theft to benefit a foreign entity); and

• 18 U.S.C. § 1832 (theft of trade secrets for commercial advantage).

YOUR HOMEWORK:

In 1996, it was reported that actor Leonardo diCaprio copyrighted his name. Research the petition.