| There is an unnerving trend facing
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| | in this federal lawsuit indicate that
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| American businesses today: small
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| | Virgin Enterprises believes the
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| companies are finding themselves
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| | defendents named, "registered the domain
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| embroiled in legal battles with an
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| | names VIRGINTHREADS.COM,
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| alarming frequency. These independent
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| | VIRGINFASHION.COM, VIRGINCIGAR.COM,
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| businesses, many of which are small-scale
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| | VIRGINPUBLISHING.COM, and with bad faith
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| operations that survive on a meager
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| | intent to profit from VEL's VIRGIN mark
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| budget, are faced with defending their
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| | and with specific intent to mislead
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| intellectual property rights- everything
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| | consumers."(13)The owner of Virgin
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| from their company name to the items they
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| | Threads, LLC, Jason Yang, says this of
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| produce and sell. Legal battles over
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| | his current situation, "I had planned to
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| intellectual property have a varied
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| | trademark Virgin Threads soon but in
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| effect on the general public, who will
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| | November 2004, I was served with the
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| eventually pay the price of court cases
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| | lawsuit and my lawyer suggested that I do
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| aimed at those who lack the available
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| | not try to trademark the name until after
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| means to fight back.In order to
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| | the lawsuit."When asked if he intended to
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| understand the current battle, one must
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| | bank off the household recognition of the
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| first understand what Intellectual
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| | name Virgin, Mr. Yang responded, "No, I
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| Property is. Intellectual Property is
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| | never considered Virgin Threads to be
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| defined as "Property that derives from
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| | similar to Virgin Enterprises in any way.
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| the work of the mind or intellect; specif
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| | The thought had never crossed my
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| An idea, invention, trade secret,
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| | mind."While Mr. Yang continues to fight
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| process, program, data, formula, patent,
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| | the attempt to shut down his website, the
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| copyright, or trademark or application,
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| | cost of the battle continues to rise.
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| right, or registration relating thereto".
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| | Because of this, the Virgin Threads
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| (1) What does this mean in layman's
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| | website features a new department
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| terms? Intellectual property is an item
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| | entitled, "Legal Fund". The unique
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| with commercial value, such as a new
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| | designs sold in this section help raise
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| purse design, that can be protected by
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| | money for the defense against Virgin
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| patent, trademark or copyright law.Many
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| | Enterprises, with a portion of each sale
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| business owners in the United States are
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| | going toward the Virgin Threads Legal
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| surprised to find that Intellectual
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| | Defense Fund.Despite the recent headlines
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| Property rights originated with the
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| | and media attention, the majority of the
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| Constitution (Article 1, Section 8,
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| | consumer market remains unaware of these
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| Clause 8)(2), which states that Congress
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| | lawsuits and the dangerous trend they
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| shall have the power "to promote the
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| | represent. Of those who are aware, many
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| Progress of Science and useful Arts, by
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| | do not realize the true effects that will
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| securing for limited Times to Authors and
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| | result from these court battles.If the
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| Inventors the exclusive Right to their
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| | current bias is allowed to continue
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| respective Writings and Discoveries."It
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| | unchecked, it will leave the consumer in
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| seems that even the founding fathers felt
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| | a precarious situation- staring in the
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| that we should have the right to
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| | alarming visage of a monopoly. The rising
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| exclusive ownership and use of our
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| | costs of protecting and defending
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| inventions, as well as the right to reap
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| | intellectual property, along with the
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| the rewards gained by granting permission
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| | cost to defend against percieved
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| of use to others.Protection Under the
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| | violations, make an extremely hostile
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| LawToday, there are three methods through
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| | environment for small businesses to
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| which intellectual property can be
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| | survive in, while rendering their growth
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| protected. These methods include patents,
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| | nearly impossible.With the
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| copyrights, and trademarks.* A patent
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| | disproportionate resources available to
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| protects "exclusive rights to a process,
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| | each catagory of businesses, it takes
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| design, or new invention". (3)* A
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| | only an allegation of infringement to
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| trademark protects "a name, symbol, or
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| | bankrupt many of the so-called "little
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| other device identifying a product". (4)*
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| | guys". This ability by large corporations
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| A copyright protects "literary, musical,
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| | to remove their competition from the
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| dramatic, or artistic work". (5)The cost
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| | outset leads directly to a dominance in
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| of enacting these methods of protection
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| | the marketplace.Marketpace dominance (or
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| can be exorbitant. An excellent example
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| | more plainly described as a monopoly) has
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| of the fee for protecting your work is
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| | a direct effect on consumers in the form
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| the price tag attached to a patent, which
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| | of limited choices and higher prices,
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| can range from approximately $400 to
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| | something even the famous 18th century
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| $1,000 or more. According to one law
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| | English economist Adam Smith recognized
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| firm, the actual cost to file a patent
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| | when he declared: "The price of monopoly
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| for something easily described is roughly
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| | is upon every occasion the highest which
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| $2000, while something more complicated
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| | can be got."The Loss of Small
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| can incur a fee up to $10,000. (6)While
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| | BusinessesWith the monopoly in place,
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| filing for a trademark is typically less
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| | consumers are not only limited on their
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| expensive, the process can still rack up
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| | choice of product, but they could easily
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| fees in excess of $1,000 to $1,500 per
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| | be forced to pay inflated prices for
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| application. (7)The average start up
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| | imported goods.Many large companies are
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| investment for an arts and crafts
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| | now outsourcing their labor to other
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| business is $9,000.(8) When you take into
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| | countries. As once media source reports,
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| consideration the requirements on city,
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| | "Forrester Research estimates that by
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| county, state and federal levels for
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| | 2015, as many as 3.3 million US jobs and
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| business licences, the amount paid out
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| | $136 billion in wages will move not only
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| for basic office supplies, the cost to
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| | to India, but also to China, Russia,
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| generate a website or other marketing
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| | Pakistan, and Vietnam."(14)Can we afford
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| materials, and the cost of ordering the
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| | to lose our small companies? Here's a
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| necessities to produce a final product,
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| | closer look at what small firms (with 500
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| there is little room left in the budget
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| | or less employees) bring to the United
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| for filing for these most basic
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| | States:Small firms* Represent more than
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| protections under the law.There is more
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| | 99.7 percent of all employers.* Employ
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| to the story than just the fees incurred
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| | more than half of all private sector
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| when registering for a patent. Every
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| | employees* Pay 44.5 percent of total U.S.
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| patent can be challenged, with many
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| | private payroll.* Generate 60 to 80
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| leading to trial cases with outrageous
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| | percent of net new jobs annually.* Create
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| amounts of money exchanging hands. As one
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| | more than 50 percent of nonfarm private
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| law firm reports, the average cost of
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| | gross domestic product (GDP).* Are 53
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| patent litigation through trial can range
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| | percent home-based and 3 percent
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| from $500,000 to near $2,000,000- and
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| | franchises.(15)As these smaller firms
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| that amount is only for one of the
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| | close their doors, local economies
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| constituents! These costs can climb
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| | suffer. Ramifications from these closures
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| rapidly for high profile cases requiring
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| | can take on a ripple effect, bringing
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| intensive work by the litigator, as
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| | higher unemployment rates and affecting
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| patent attorneys charge roughly $200-$500
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| | areas of life one might never suspect.One
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| per hour.(9)Importance of Intellectual
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| | study purports that, "The social costs of
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| PropertyPeople often underestimate how
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| | unemployment" can influence everything
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| essential intellectual property rights
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| | from mental health to the cost of social
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| can be to a business. The media is rife
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| | programs such as Social Security.(16)It
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| with examples of battles over
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| | is clear that we, as a society, need to
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| intellectual property, which range in
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| | take steps to prevent the bastardization
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| severity from questionable copying to
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| | of our economy in every arena available.
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| blatent theft.We can look to the recent
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| | We must act to protect our small
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| media headlines for a more in depth view
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| | businesses from extinction.The current
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| of the problem at hand.Earlier this year,
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| | system must be examined and changed to
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| Nike, Inc. issued a formal apology to
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| | allow small businesses to protect
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| "the members of iconic Washington, D.C.,
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| | themselves and thier intellectual
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| hardcore act Minor Threat and frontman
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| | property. Corporations need to be held
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| Ian MacKaye's Dischord Records for "the
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| | accountable for their attempts to create
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| creation of a tour poster inspired by
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| | a monopoly, and the resource gap must be
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| Minor Threat's album cover"".(10) Why was
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| | closed in regards to the legal
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| Nike, Inc. issuing an apology? MTV
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| | system.While there is no simple solution,
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| reports that, "The poster, for Nike's
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| | there are routes that can be taken to
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| Major Threat skateboarding demo tour
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| | meet these requirements. However, those
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| (used to promote its newest line of SB
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| | routes will never be opened until this
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| shoes), misappropriated not only the
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| | problem has been acknowledged by both the
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| Minor Threat logo, but the imagery from
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| | public and the lawmakers.The time has
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| the band's 1981 self-titled EP and its
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| | come for this acknoweldgement. It is time
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| 1988 Complete Discography." (10) Sources
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| | to put an end to this steamroller
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| have not published any further
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| | effect.Bibliography:(1) "intellectual
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| information on the topic.Another example
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| | property." Dictionary of Law.
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| of this infringement of intellectual
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| | Merriam-Webster, 1996. GuruNet Corp. 15
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| property can be found in the case of
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| | Jul. 2005. Articles of the Constitution,
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| Margaret Nicole of Manhattan and
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| | "patent." Investopedia. Investopedia
|
| Abercrombie & Fitch Co..According to the
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| | Inc., 2000. GuruNet Corp. 15 Jul. 2005.
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| New York Times, Abercrombie & Fitch Co.
| |
| | "trademark." The American Heritage(R)
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| was selling a bag identical to those made
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| | Dictionary of the English Language,
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| by Margaret Nicole of Manhattan, and
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| | Fourth Edition. Houghton Mifflin Company,
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| Margaret Nicole of Manhattan owner Nicole
| |
| | 2004. GuruNet Corp. 15 Jul. 2005. The
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| Dreyfuss "said that within two weeks,
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| | American Heritage(R) Dictionary of the
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| Abercrombie's lawyer, Frank J. Colucci of
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| | English Language, Fourth Edition.
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| the New York law firm Colucci & Umans,
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| | Houghton Mifflin Company, 2004. GuruNet
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| agreed to pull the purse and make a
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| | Corp. 15 Jul. 2005. Fees referenced from
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| settlement.".(11)Defending the StoreThese
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| | "What does it cost to get a patent?", ©
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| stories are, however, unusual. The
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| | Copyright 1993-1998 Oppedahl & Larson
|
| majority of small businesses do not have
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| | LLP. Fees referenced from "How much does
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| the means to fight large companies when
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| | it cost to file a trademark
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| their designs are stolen or their
| |
| | application?", ©2005 Meyertons, Hood,
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| livelihood threatened by lawsuit.
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| | Kivlin, Kowert & Goetzel. "Business
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| Instead, they are forced to hand over the
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| | Guide - Arts & Crafts", Copyright © 2005
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| results of their hard work to colossal
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| | Yahoo!(9)"PATENT INSURANCE, IS IT WORTH
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| corporations simply because they can't
| |
| | IT?", © 2000, 2001, 2002 Bruce E.
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| afford to defend themselves.The epitome
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| | Burdick(10) "A Brief History of
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| of this instance would be the current
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| | Outsourcing", (c) Terri Kelly, accessed
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| litigation brought against the small
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| | from Dourney is a mother, owner of
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| online retailer Virgin Threads,
| |
| | Natural Magic Soaps ( and Editor of Craft
|
| LLC.Virgin Threads, LLC was formed in
| |
| | Revoution ( an online magazine dedicated
|
| August 2004, and is currently being sued
| |
| | to restoring the awareness and
|
| by Virgin Enterprises. As one media
| |
| | appreciation of crafts in today's world
|
| outlet reported, "Virgin Enterprises,
| |
| | by promoting them, and the talented
|
| Richard Branson's group of companies, has
| |
| | people who create them, as high-value,
|
| tried to stop others from using the word
| |
| | desirable alternatives to the offerings
|
| "Virgin" in names and domain
| |
| | of big-box stores.
|
| names."(12)The complaint documents filed
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| |
|
