Week 8 EOC "Bratz Brawl"

With this Mattel Inc vs MGA Entertainment Inc. over the Bratz looking like Barbie or in its essence Bratz dolls being the edgy Barbie. 'U.S. District Judge David Carter in Santa Ana, California, yesterday awarded MGA $85 million in punitive damages and $2.5 million in fees and costs for its trade-secret theft claims against Mattel.' posted at bloomberg.com news. These company already have so much money why even bother with that stand on the infringement? Why not just get the court to stop letting them sell the Bratz dolls in the first place? My personal opinion on the matter is that i understand that allegedly at least four former Mattel employees,  disguised themselves to gain access to competitors' show rooms at toy fairs. I also understand that what they stole was valuable marketing strategies and pricing, and I am sure that this is all protected by the MGA Entertainments copyright, and I can see why they aren't going after those individual people when they could sue a larger company. But to me having grown up on barbie to me the Bratz dolls were something completely different. Again I don't believe those dolls were out when I was still playing, but now working at a place that sells toys the "Barbie" isle is an entire row at the store verses the "Bratz" section is only a four foot section and just to clarify there are (depending on the isle) six, four foot sections to an isle. Let alone the Barbie isle has big pick sign and displays and the Bratz isle has one little sign. But I guess if they have created a demand for it then I can see that even if there is a smaller section then the consumers will buy and find no matter what.  "SANTA ANA, California (Nichola Groom) - Mattel Inc, after waging a seven-year legal war against a tiny California company, swallowed a surprise defeat on Thursday after a U.S. jury decided that MGA Entertainment Inc is the rightful owner of the once-billion dollar line of pouty-lipped Bratz dolls." says the Huff Post Business.  I think this was an obvious win.  To me a consumer and a sales rep they are nothing alike. And although the idea maybe the same the expression of the dolls themselves are very different. But this is were the niceties ends. "The jury found Mattel misappropriated trade secrets from MGA and awarded MGA $88.5 million in damages. The jury also decided MGA had interfered with Mattel's contract with designer Carter Bryant, but awarded only $10,000 in damages to Mattel." also says the Huff Post Business.  This part for a company to act like this is disrespectful let alone illegal.  In the end I'm glad it's finally over for good. No more dispute, allegations and infringements (I hope).

Week 8 BOC: Progress in Getting a Lawyer

At first I had so issues getting in touch with anyone last week. I had fellow co-workers of my family that were married to or related to someone that was a lawyer, but they seemed to have fall through very easily. I don't know if it was because of my relationship and how I found out about them. Needless to say they we less inclined to help than those who where a cold call situation. This morning I made two contacts. Both contacted through emails and the one Steven Caloiaro is an attorney who practices mainly in intellectual property litigation including copyright. Steven is talking to me through email because of a hectic schedule so I emailed him my questions this afternoon. The other Philip A. Kantor  of his own law firm in North Las Vegas is  practicing in copyright and advertising law as well as intellectual property.  I have a phone conference with Mr. Kantor at 3pm today.  I already have my questions ready for the phone conversation between Mr. Kantor and myself so that I can stay to the point and not take up to much of his time.   I decided to go with both of them for now concerned that if I chose one over the other one may back out and I don't want to find myself in a situation that I go from having made contact with a lawyer to not having one at all.  Also the up side is that I have made two connections to intellectual property and copyright lawyers, in hopes that one may have more incite into some part of intellectual property and copyright law that the other did not know about.
 

The Questions

The questions for me seemed to be the easiest part.  I asked questions that would effect me either presently or in the future.  My questions were directed at my intellectual property and those that I would either work for or if cutting out on my own, how would I protect them from someone else coming in and stealing my ideas, designs and animations.  So I asked simple questions that I believed headed straight to the point. 1. If some fellow animators and I were to create a “Short” animated film and we put it on the internet to get some hype. How would that be protected form someone else/company from stealing our creative idea and expression?  This question was directed at the fact that some friends and I had talked that while waiting for work we would create our own shorts and animations so that we could keep practicing and adding to our reels. 2. If I was working for an animation studio/company and I created a character and a story for a book, graphic novel or short animation; would these creations be my own property or would they belong to the company that I worked for?  This was generalized to working for someone, because I have heard that depending on your contract to your employer that your ideas may not belong to you while employed with them. A very scarey notion to a creative person. 3. If was to write a book/novel what would you suggest the first move I make to protect my IP form being stolen?  This was to my other passions of life and some ideas I have for my future endeavors. 4. If I was at first to write or animate under an alas name how would I go about doing this and how would my IP be protected?  I had once heard in my ealy years that when particularly a painter comes out that they some times us another name to have their art under this way if their works aren't received well they don't tarnish their own name. 5. If I was writing a blog and my name was attached to it how would my IP be protected by copyright?  This one is for this class in general I figured it would be a good basic question to ask, having already known the answer to it. I can perceive the knowledge of the lawyer. 6. What steps should a person take when they believe that their IP is being infringed upon?  This being generalized to one of the earlier questions, that is to say if I did the proper steps and someone still attempted to steal my work what steps should I take to stop this. 7. If a group of animators were working on an animation/concept and two chose to break off and started working on the same idea on their own. How would the original groups IP be protected?  This question was related to the fact of what happened between Disney and Pixar when they first split and the lead animator took the animators with him and opened up his own company, but obviously in a smaller scale situation. 8. If my name, first and last. Was the same as someone else, when I began to publish works how could I protect my name and my IP from being defamed? This was a question designed so that if someone else had my name that I would be protected from them and their trials of life. 9. When you are self producing a book or animation short, what legal advice would you give to that person to ensure that their IP is being protected, as they are not represented by an agent or publication company?  This is in the case of self producing works, that is not having a sponsor or agent to help you through the legal hoops of the industry. 10. If I was to create a short animated film that would pay at different film festivals, how would I protect my IP from being taken by one of the viewers?  This is because I have every intention to producing short works that I would send to film shows and the like and curious on how the animation is protected.  I believe that my questions are perfect for my future as an animator.

Legal Authority

Finding a lawyer was a difficult task for me. I had references to lawyers, that were once colleges of people that I knew or a friends family member that worked for a firm. But it seemed no-one either had the time or wanted to hand out legal advice for free.  Even knowing that I was a student, them seemed all indifferent to help. Finally I managed to get two responses, and I decided to use them both. I figured that two heads were better than one. I called and talked with Phillip A. Kantor on the phone asking my questions and taking notes as quickly as I could and I also emailed my questions to Steven Caliaro from Watson Rounds. Both were excellent candidates for answering my questions because they both work in intellectual Property. They were also timely and courteous to my needs and questions.  To my surprise talking to Phillip A. Kantor on the phone wasn't difficult at all he spoke clearly and his logic was easy enough to follow having read the definitions already. I've sent both thank you emails showing my appreciation for their time and expertise. 

Week 7 EOC "Plans"

My plans for completing this final assignment are to compile my 10 questions and making sure that they are relevant to my major and my future aspirations. As to my independent works as an animator and artist, group works with fellow animators and artist as well as my professional works in the industry.  I will also post on Facebook and text a few people that I know who know someone that works in a law office or has a lawyer.  Then I will take that information and begin to call these lawyers and ask them if they would be willing to answer a few questions for me.  From this I can choose when to meet or make an appointment over them phone or if they are available to answer them right away I can do so as well. This will set me up to write the first blog post Legal Authority. Where is write how I found them and my over all opinion of them and their ability to feed me the correct information.  I will also be able to write the blog post Questions. Where i write about the questions that I have written to be answered by the lawyer and why they are important to me as an artist and as a person.  Once I have the interview with the lawyer I will then be able to write the blog post Reasoning of Law. Where i analyze the lawyers answers to my questions and what kind of logic he/she may have been using.  From there on the home stretch I will be able to write the blog Rule of Law.  Where i write about where his/her answers where consistent to the the rule of law. That they were of a professional opinion and that they had reasoning to backup their answer. While using the book with quotes that backup my findings and their answers.   And finally i can write the blog Your Own Argument and Opinion.  Where I write about if I agree or disagree to his answers. That even thought that may be that law I don't have to like it and maybe even what I've read my contradict what they've said. Using quotes from the book to backup my personal opinion. 

Week 6 EOC "Illicit"

The Illicit world around around is a very scarey world. Something so incontinent as buying a song illegally form the internet can seem so innocent as to say "it's just a song. . ." But after watching Illicit: The Dark Trade, shows that their is something so much more darker hiding behind the scenes of these trades.  They trade more than just illegally made purses and DVDs. There are no restrictions to what they will and will not sell, trade or steal.  But alone any one government can not stop this from happening or passing through customs. Because the traffickers never stop and they have more to loose if something is confiscated or slowed when moved. China itself doesn't look at these trafficking business as an economy down fall but rather a positive boom.  The businesses brings in revenue that the government then gets taxes from.  But other countries sell more than just remade objects. Some reproduce drugs that are a part of many different markets. Some drugs can be bought on the 'black market', which are the exact same drug that is made legally just for cheaper, because it was stolen. The 'grey market' has products where the drugs were reverse engineered so that they are the same as the name brand but with out the name brand. As well as some countries producing drugs that look the same but are not made to work as the original drug was made for. Rather it is produced with chemicals that can kill, like poisons. Some countries go as far as to sell humans themselves. Either for work or for their bodies. Some remove the middle man as to say that they sell organs of a body. These are found on the 'black market' that if needed an organ that you would have to wait for someone to donate or die to get. if you have the funds and the contacts you can have these stolen organs. No matter how deep you go into this world someone can always say, 'well it was just a purse. . .' My question would be 'Are you sure? Do you know what else was on that tanker that brought in that purse?'  For me it's just easier to buy things than to steal them.  If I can't afford it, then I guess I don't need it.

Week 5 EOC: Patent Trolls

This Patent Trolling is getting out of hand I think. I understand that it is the corporations job to have their patents up to date and all and that they expire in 17 to 20 years and all they have to do is pay a fee every four years.(The Wall Street Journal) So it's not very hard to stay on top of that and that someone in that department, assuming that their is one for that. That they are shirking their responsibilities, but honestly are people really that greedy? Corporations can be corrupt and steal money and only care for the shareholders and the CEO's and what not but are these people these patent lawyers really to their common man any good? The Patent, Copyright & Trademark book, refers to "Patent Trolls" as a disparaging term for someone who sues for patent infringements. in other words, the patent troll is in the business of suing companies. So I guess it would make sense why it's layer who are patent trolls because they are already in the business of suing anyway. Let alone from what I've read that these are patent lawyers anyway, or close relatives in some cases. And  a violator had to worry about was paying a $500 penalty for misleading the public. But it is up to $500, but defendants are worried about having to pay the $500 for every little item, an example of a mascara bottle. (Wall Street Journal) Which is a hefty sum considering that the product depending on the brand can cost form $1 to $15.  Substantial difference in payment value.  For me personally yes someone should keep the corporations in check, but patent trolling is just devious. These people are only thinking of themselves and what money they can make out of it. Not even thinking of the ramifications that it could have to the lowly workers. They corporations have to pay out large sums of money to people who found a loop whole so the corporation has to make back that money. So what do they do, fire people, close business, raise prices. These patent trolls don't think about anyone else, just what they can get to screw the man.