Essay --

1. On April 22, 2013 a jury trial was planned for commence as the result of Timelines, Inc. suing Facebook, Inc. for trademark infringement. Timelines, Inc. filed with the courts after noticing that Facebook, Inc. added the new â€Å"Timeline† feature to its member profiles. Facebook motioned for a summary judgment, but the U.S. District Court for Northern District of Illinois turned down Facebook’s motion for a summary judgment. The reason they denied this motion is because Facebook failed to prove that the word â€Å"timeline† was of fair use, and that the term â€Å"timelines† was just a generic term. A party that moves for a summary judgment is trying to save the time and expense of a full trial when the outcome is usually obvious. Since Timelines, Inc. has a registered trademark of the â€Å"timelines† phrase; the court affirmed that they were entitled to a presumption of validity. If I were a member of the jury, I would rule in favor of Timelines, Inc. because Facebook went against the trademark laws, and was not able to prove that the phrase â€Å"timeline† was of fair use. Fair use can be proved only if the defense can prove that such use was for a purpose other than that normally made of a trademark. The party that is being charged with trademark infringement may defeat proceedings ONLY if it can prove a valid exception of fair use. If companies did not trademark their mark, multiple companies would use similar marks causing consumer confusion about the origin of the defendant’s goods/services. As much as I love Facebook, I feel as though they took someone else’s creation, and used their power to make the concept legendary. Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the tra... ... the duplication of the copyrighted work must be outside the exceptions. The combination, the lyrics and associated melodies, intonations, and usage are too similar to the original. This violates the copyright trademark laws, and it is protectable material. The puzzle pieces match knowing that the composer’s advisors, John and Charles, listened to her song in 2008, critiqued it, and told her it was best as a duet. Copyright infringement is the act of violating any of a copyright owner’s exclusive rights that were granted by the Federal Copyright Act. The only exceptions to the copyright law are fair use, face-to-face instruction, and virtual instruction. These exceptions allow someone to use work without permission from the copyright holder, and potentially paying fees. If Bowen wins the case, she could potentially receive the actual dollar amount of the profits. Essay -- 1. On April 22, 2013 a jury trial was planned for commence as the result of Timelines, Inc. suing Facebook, Inc. for trademark infringement. Timelines, Inc. filed with the courts after noticing that Facebook, Inc. added the new â€Å"Timeline† feature to its member profiles. Facebook motioned for a summary judgment, but the U.S. District Court for Northern District of Illinois turned down Facebook’s motion for a summary judgment. The reason they denied this motion is because Facebook failed to prove that the word â€Å"timeline† was of fair use, and that the term â€Å"timelines† was just a generic term. A party that moves for a summary judgment is trying to save the time and expense of a full trial when the outcome is usually obvious. Since Timelines, Inc. has a registered trademark of the â€Å"timelines† phrase; the court affirmed that they were entitled to a presumption of validity. If I were a member of the jury, I would rule in favor of Timelines, Inc. because Facebook went against the trademark laws, and was not able to prove that the phrase â€Å"timeline† was of fair use. Fair use can be proved only if the defense can prove that such use was for a purpose other than that normally made of a trademark. The party that is being charged with trademark infringement may defeat proceedings ONLY if it can prove a valid exception of fair use. If companies did not trademark their mark, multiple companies would use similar marks causing consumer confusion about the origin of the defendant’s goods/services. As much as I love Facebook, I feel as though they took someone else’s creation, and used their power to make the concept legendary. Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the tra... ... the duplication of the copyrighted work must be outside the exceptions. The combination, the lyrics and associated melodies, intonations, and usage are too similar to the original. This violates the copyright trademark laws, and it is protectable material. The puzzle pieces match knowing that the composer’s advisors, John and Charles, listened to her song in 2008, critiqued it, and told her it was best as a duet. Copyright infringement is the act of violating any of a copyright owner’s exclusive rights that were granted by the Federal Copyright Act. The only exceptions to the copyright law are fair use, face-to-face instruction, and virtual instruction. These exceptions allow someone to use work without permission from the copyright holder, and potentially paying fees. If Bowen wins the case, she could potentially receive the actual dollar amount of the profits.