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RE: Stealing From the Poor to Give to the Rich (Intellectual Property = Reverse Robin Hood)

in #law9 years ago (edited)

A really interesting intellectual property case (which is a great example of rich people exploiting the system for their own ends) is the recently resolved copyright lawsuit involving the "happy birthday" song. Maybe something for you to do in a future post. Worth looking up because its kind of hilarious.

Edit: https://www.theguardian.com/business/2016/feb/09/happy-birthday-song-lawsuit-warner-chappell-settlement happy birthday case

As to trademark, its more a matter of protecting your identity when you create a brand. Dr. Dre did not invent the term "beats" but it came to be associated with him. Because of this, if fucko-mcducko comes along and starts marketing shoddy headphones and calling then beats , its going to effect Dre's reputation.

Normally, a trademark only gives you exclusive rights over a competitor. So, for example, unless "this sick beat" is associated with a specific product, its not enforceable at all. And even if it is associated with a specific product, it can only be enforced if similar products are marked with that. If swift is trying to get one, it probably is going to end up on some clothing or electronics line that shes endorsing.

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example, this is what she has This sick beat trademarked for:

non-medicated toiletries; Non-medicated preparations for the care of skin, scalp, body or hair; Skin soap; Non-medicated…
Metal keychains; Metal rings and chains for keys; Metal key chain tags; Decorations, namely, non-luminous and non-mechanical…THIS SICK BEAT
Musical sound recordings; Series of musical sound recordings; Audio recordings featuring music and musical entertainment…Toys, namely, plush animals, stuffed toys, wind-up toys, inflatable toys, musical toys, music box toys, puzzles, Hand heldTops; Tops for men and women; Athletic tops for men and women; Shirts; T-shirts; Dresses; Coats; Jackets; Ponchos; Vests…Kitchen linens; Table linen; Bath linens; Bed linen; Household linen; Towels; Beach towels; Bed blankets; Throws; Covers…Ornaments made of textile; Home décor, namely, decorative boxes made of wood, decorative boxes made of plastic, decorative…

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