Law Questions and Answers

Copyright Law Question...?

I have be importing retail gifts from overseas since 2004. A hard to please item, nylon butterfly decoration, is mass produced in a foreign country by literally 100's of factories. I introduction them. A US based company is sending threatening correspondence including copyright infringement claims regarding this item. Numerous businesses selling this product who purchased overseas also own received these letters.

I own spoken with the supplier of this US base company (who is sending out the threats) & the manufacturer states in that is no copyright and that the designs are stock from the factory.

First, can an item be copyright protected that isn't original? If no, and this US company files for copyright protection, what are my option? Can I fight it? How?

Second, I singular import. I own not had anything reproduced from this US base company. How would I be accountable if the item manage to be granted copyright protection?

Professional copyright knowledgeable answers one and only please. Sources appreciated.
Answers: Copyright applies to artistic or written works, not designs of manufactured items. There may be a patent or trade carve or some other unfair copetition claim. The certainty that you purchase something from some catalogue will not protect you. Without seeing the item & the complaining notification it is impossible to give you any eloquent advice. Whenever you get hold of such letters you should lug them to an intellectual property attorney with whom you can discuss adjectives the facts.
Nothing in art is ever "truly" imaginative. Everything builds on all the artistic designs the creator have ever seen within his life.

Whether a creative piece is *sufficiently* productive to justify its individual entitled to copyright protection, or whether it is a "derivative work" that violates the copyright of the piece it is derived from is, fatefully, wholly a shrewdness call for the tryer of reality if the question go to court.

If the US company owns the copyright to a nylon butterfly decoration similar to the ones that you introduction, and produced them first, then they hold grounds to bring an action against you for breach of copyright. Whether that motion would then succeed depends entirely on the sensitivity of the court.

As the importer you are accountable surrounded by US law for any breaches of copyright contained by items you import. If you weren't, who would be? US imperative cannot reach a businessman in a foreign country who is subject solitary to the laws of his own country.

Richard
That is really not plenty information to answer your question outright but within is a way you can survey the copyright data stub to see if this item is copyrighted. Your best bet is to talk to an attorney if this item is truly profitable for you.
Here is the link to go through copyright data basis:
http://www.copyright.gov/records/
Dear Ill suggest you to visit my website www.pglrs.com for getting first appendage information about copyrights. To my humble considerate of copyright law "nylon butterfly decoration" doesn't appear to be work which could own been granted copyright by the copyright department in USA. However I would request you to dispatch me the work along with the epistle from the alleged copyright owner/author who has claimed copyright infringement. Copyright and trademark law are different with respect to territorial enforcements and protection. Therefore in need taking into account adjectives the features of the claim any advice or answer I am afraid could be wrong.

What is the deal near Scooter Libby's law license?

Since Scooter be convicted of a felony, I assume his license to practice law is any gone or in the process of person gone.

Let's say, as oodles people suspect, that Bush grant Scooter a full pardon on Bush's later day surrounded by office within January 2009 and Scooter's license is gone by that time.

Can Scooter get his license backbone and practice law again?
Answers: Yes---a mercy is as though it never happened.

your criminal transcript is erased for all decriminalized purposes.

But scooter won't be practicing law--he will be a "consultant" hired by Law firms to help them or hired by populace to help move their bills through congress.

Both will take-home pay better anyway.

Should students be requiered to have endorsement grades to obtain a drivers liscesed?

Answers: It's not a doomed to failure idea. Driving is supposed to be a privilege. Making students earn it might augment some academic career.
Superficially, this sounds like a righteous idea, but ultimately it creates a officially recognized "slippery slope," a situation in which a precedent establishes a foundation for other requirements which are not so desirable.

For instance, will a student failing at an excellent institution be treated the same as a student failing at a miserable conservatory? Since the majority of terrible school serve urban communities, will we not therefore be discriminating against students who are black or Latino, or against the poor?

Will in that be allowances for students with erudition disabilities which don't preclude driving? Who gets to desire?

Should we also require community service, or attendance at religious services, good personal hygiene, or other good-person behaviors which are unrelated to the expertise to drive?

Slippery slope.
If you expect drive through window attendents to pace to work, I guess it would be allright.

I tend to agree with fdm215, though.
I construe it's a bad thought because it's hard to catch good grades when you enjoy boring teachers who don't make available a crap.that's what i had within highschool..and a lot of D's...

In college I have all A's and I've be driving for 17 yrs...and have a verbs driving record.

So, my point is, the grades one get in glorious school can close-fisted very little surrounded by the big picture and whether or not they are a good driver or not have nothing to do beside grades...

Can laws to restrict or to control internet media hype ever be effective?? why?..and why not?

Answers: No. If nearby was such a tenet, a lot of pattern sites would probably be shut down. They depend on the money they get from the advertisers to save the web sites up and running.

Also, it would not own any effect on any web sites hosted out of country.

What does the "A" stand for in ACLU?

Okay, so presently that you've answered that question, why does the ACLU get hold of involved with the issue of 'Day Workers' when most of them are not 'American'? Does the "A" very soon stand for 'Alien'?
Answers: unfortunately, only because the A stands for American does not mean that's the singular thing they do. Their liberal trivia also extends to immigrants (who, for the account, are clearly breaking the law by individual in our country within the first place). If there's an issue from which they can make controversy, they do it.

They also support NAMBLA, but not the Right to accept arms, so what does that tell you?!

Sad but true...
It stands for "American". ACLU is the American Civil Liberties Union. It is the primary protector of the US Constitution and American freedoms and protector of American values.

What is it about the US Constitition and American freedoms that you and the other Republicans dislike so much? And if you repugnance America as much as you claim, why did you sneak over the border into my country?
Its "American"


and it doesn't now stand for Alien, but aliens within the US are still American issues.
American
civil liberties also certain as a persons rights/freedom
the right to labor for food
It stands for American ...

and ACLU stands for "American Criminal Liberties Union."

It's the liberals who harbor and foster revulsion for traditional American values ... they're the ones who want activist magistrates to bastardize our Constitution and impinge even further on our individual freedoms.

Some of you might want to read our founding documents, as well as swot some US history.
The American Civil Liberties Union stand for justice. It stands against injustice. If time workers, regardless of whether they are citizens or not can be cheated, then this cheating can dance on into the citizen area. the imperative must stand equal for all. It cannot be selective. Perhaps you grain, as many do, that aliens own no business coming to the US and working. That is a positive point. But as long as the government allows business ownsers to wages low wages to those epople, then they will be hired. Once hired, because they are aliens, they are within line for cheating.

So let get them out. Then kids will do the work (Maybe) and sooner or subsequent, because they are kids, they will be chested as well.
By the course, the ACLU takes up the cases of various people and groups who could otherwise never return with justice. One cannot be selective something like who they represent for they represent the law and desire justive for those who cannot obtain it for themselves. Many of us are secure from some serious situations because the ACLU took on the government, polluters, insurance companies - the big doomed to failure boys who would otherwise run roughshod over the common man.
American,unambiguously - as in

Of or pertaining to issues and concerns of America.

Defendant is going to LIE about not Getting Plaintiff Claim -- HELP?

I won my small claims shield against this evil roofing contractor company. More specifically i won a default taste of over $3200 (meaning a judge reviewed the grip after the defendant didnt file a defense and awarded me damages).

Back on Sept 3rd i hand-delivered the Plaintiff Claim to the defendant at his house (so i give it to him personally). I now hold a Hearing date for Dec 17th where the defendant is trying to set aside this failure to pay judgment on grounds that HE WAS OUT OF TOWN WHEN THE PLAINTIFF CLAIM ARRIVED. That is a LIE by the defendant! However, when i assume out the scenerios i think he is planning on adage he was not within town until November and so didnt see anything until recently...which is a slouch...I DID have to put contained by a sworn affidavit saying i did deliver it to him surrounded by person on Sept 3rd but he will a moment ago say he didnt see the Plaintiff Claim...is at hand anything i can do?

Here is the rule for setting aside a default sensitivity:
Answers: Everyone claims they didn't get the become aware of. I don't think it'll agree to the default judgement set aside
You MAY hold a problem because you served notice yourself. You would, for example, underneath federal rules. But it depends on the controlling rules in your jurisdiction. You're erudite to look, as you do, at the rule for setting aside a default shrewdness. But you also have to look at the controlling rule for what make valid service.

I was fired for attendance and i construe this is wrongful?

I requested and got approved contained by May for a thanksgiving vacation. I be out of Paid time off. When i come back a week since xmas bonuses they fired me. They said everyday i was gone counted as an unexcused skiving even though it was approved, so they give me 5. I had 4 but the rule is termination after 8. So they said I enjoy 9. Managers confirmed my vac. a couple weeks before and said you know your out of PTO right? I said yeah that a short time ago means i wont procure paid for it and he said yes. Do you devise this is terms for a lawsuit?
Answers: You already have 4 unexcused absences! You undoubtedly did not consider your job to be prominent enough to show up on the dot, every day, doing your best! I would enjoy fired you before this!!

You can sue anyone, but you are not going to win. Even if by some strange verbs of fate a court information you rehired, how long do you think it will be past they find some other reason to draw from rid of you? You will be under a microscope, and every time you step one inch out of queue, they are going to write you up and use that to fire you!

Get another job, and this time grasp your priorities in decree. The business does not exist to provide for you, you are there to craft the business better!
Wrongful termination is tough to pursue.

Unless you had a contract, we are adjectives "employees at will".

That method they can fire you without identify, and you can quit without thought.

Good Luck.
If you have written authorization for the time past its sell-by date you should consult an attorney. They would need solid evidence that you be approved in decree to prove your case.
In the meantime atleast try for severance for some assistance.
If you live in a state in need a right to work law, you are considered an "At-Will" member of staff. The employer can fire you for any reason, except see, age, handicap, or gender most of the time. That individual said, if you have a contract, you might own a good argument. You really want to speak to an attorney who knows the tenet in the state you work. Good Luck.
You won't win , your company have a written policy in place. It wasn't the final day of bunking off that got you fired it be all the others prime up to it. I'm assuming you are allotted a certain amount of rewarded sick leave. If you have already amassed 4 days out that you were not rewarded as you had already used your remunerated sick time then I too would consider you a problem member of staff and would have fired you as all right...
Unless you have a friend explicitly an attorney, it would probably just wrap up up costing you money for a case that would be extremely strong to win. The other answers before mine explain adjectives the reasons why. Check near the labor laws within your state to be certain, but it's probably best to only find another job.
You already lost your situation so what do you have to lose by trying.
you should send for your human resource office...and if to be exact at the building you worked in...try a district planner...its wrong..also go to the labor board
No this is not anywhere close to grounds for a lawsuit.. You are being terminated because you CHOSE to help yourself to time off. The employer can not report to you you can't take unpaid time past its sell-by date,or can they tie you down and hold you there, but they can fire you for taking that time.. They have need of employees who are here the majority of the time and seeing you already used up the allowed time which they deem legal absence, the rest of time are unauthorized time off.
YOU own no case and to be honest IF i be the employer I would have terminated you the 1st time you took sour unauthorized time without a honourable reason and documentation as to why you took it sour.. such as dr excuses, or family emergency... Remember when you try and PLAY the system you will always lose as you of late did. YOU chose to take auxiliary time off and they chose to fire you.. It's your own doing so adopt it.

Next time be responsible in your undertaking, and don't think you are doing a company any favors by individual there when YOU grain like it.. The employer is not contained by business to work around your personal life. they lone are concerned if you do the job they hired you for and that includes mortal there...

Someone threatened to jump my friend after university?

We're not sure who wrote the note. I'm going to pace home with her merely to make sure zilch happens. I'm not a rebellious person, but if she is jump, what can we do to defend ourselves? Is stomping on the person's foot a virtuous self defence move?
Answers: If I be you I would walk beside your friend, like you said. If anyone you don't know approaches (not your age group) after scream "FIRE" b/c that works. if someone from your arts school approaches you, then speak about them to back rotten. if that doesnt work, violent or not, if someone attacks you or your friend you enjoy every right to defend yourself. Give them a few appropriate punches, so they don't bother you or your friend again.


The note probably be a fake, though. Be assiduous anyway.
No stamping a foot does practically no harm.
Best things if you really are contained by danger:
Biting(spit out blood immediately)
A polite kick surrounded by the groin if it's a boy
arm twisting
hitting the nose
pricking the eyes
achieve down grab the ankle and if you are within balance yourself verbs it with your integral weight, other works.
and in a vivacity threatening situation you can go for the throat but don't do that if it's only a bully fight!
Report this to the conservatory authorities and show them the note. Report it to the police and show them the memo.

Taking physical action yourself can be hazardous contained by this age of instant arrest and litigation. They person attacking her could sue or charge you near battery of you respond physically. Remember to prove that you be acting in self defense you must hold some witness.
Best let parents and difficult authority deal near this but reveall this threat without deferment
Fighting is NEVER ok.. Your best bet is to try and ignore it and if something does appear contact the authorities.. Physical fighting is for new people who surface that is the simply way to resolve a situation..
Ofcourse if you are attacked you enjoy a right to defend yourself but if you hold it too far and end up harm the other person , whether or not if you be right or not, you will still be procecuted..

Most of the responses here are from kids that think war and being tough make them mature... They are wrong, and in actuality just showing how green they are.

How do I add counterbalance to my pov during weigh in for a better payout?

I'm doing a military dity move within my pov from kansas to nyc and am authorized 8000 lbs but only enjoy an estimated weight of 300 to 350 lbs. I call for more weight. Help
Answers: nouns your car its that simple..we too are doing a ditty move..but it sounds as though you are trying to defraud the system

If a mother gets pregnant as a minor an the father be not a minor.Can he get custody of our child?

I own a 4 month old child boy. I was 17 when I have gotten pregnant an the father was 29.The father also have a criminal record an does drugs adjectives the time taking off for 3 to four days at a time.never comming to see our son.We use to love respectively other but then things turned sour an hes be threatening to take me to court even thought hes the one who wont come to see our child...Could he bring back custody if he went to court seeing as how he get me pregnant when i was merely 17,has a criminal account,and him an everyone at his mothers house where he stays does drugs?
Answers: Based single on your description, I'd say it's almost impossible for him to win custody. He may however even wrapping up up getting charged for rape being you be only 17. Your age as a mother doesn't necessarily tight you would lose the child. If you can provide a safe, loving, full-bodied environment for this baby, you should be fine!
Very, amazingly unlikely. It's far more likely he will be arrested for statutory rape! he KNOWS this too. 29 and 17...explicitly a CRIME on his part. Is he paying child support?

He would hold to PROVE you are unfit and that he is a better parent. Even then, bench lean toward the mother, and especially since you have raise the child. Don't worry something like it. if he's on drugs, he probably can't or won't follow through.
In most states of the US of A, custody for minor children is determined by the best interests of the child.

With this in mind, question arise as to which parent can more capably provide for the infant.

If your allegations of the father's "disorganized" duration are true, your profile of being a effective Mom will surely influence the judgment contained by Probate Court.

Additionally, depending on what state you reside, the matter of you becoming pregnant prior to your lawful capability of giving consent to sex may be prosecuted contained by a criminal court against the man involved.
I know some people are mentioning statutaury rape (cant spell), but most places it is below 16.
If he is using drugs, or you have suspisions he is, let somebody know your lawyer and they can set up a drug theory test, if he is positive, there is NO road they will give him custody.
Seeing as how he have made little effort through adjectives this, this is another sure sign he will not get custody.
Just because you are beneath age, doesn't mean they will frown upon you. If you enjoy people helping you and you enjoy been the primary child care supporter for the last while, you will surely hang on to your child.
If he has a chronological with the police, ANY former with the police or a dictation, the odds are surrounded by your favor dear.
Take care!
Note the phrasing you used. "He's THREATENING..." He is purely yanking your manacle. If he truley wanted the child, he'd draw from a lawyer, and database suit. Until he does, just keep hold of him away, and tell your child what a wonderful human being his dad was.. Was...

As for the authority, keep within mind, he will have to grant to the court that he had sex beside a minor. In most states, this is statutory rape.
Courts are funny; there is no guarantee, but the parent who have a job and is of endorsed age usually has a leg up on custody.

More Questions and Answers:
[2271] - [2127] - [1078] - [2526] - [584] - [2] - [1998] - [2053] - [986] - [1751] - [238] - [2336] - [2228] - [730] - [365] - [560] - [579] - [1658] - [1681] - [44]

The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.

Answer question: