3 remedies that are available to someone suing under the Lanham act.
2. Corrective Advertising orders
3. product recalls
1. the speaker
2. the intended audience
3. the content of the message
1. Cease-and-desist orders
2. corrective advertising
3. Court injunctions
What does the impartial jury guarantee?
Refers to a jury in an open, unprejudiced frame of mind at the begining of a trial that will be influenced only by the evidence legally presented during the trial.
-no prior knowledge
-know limited circumastances
-jury must be fair
2. Intensive voir dire
3. Jury admonitions
1. Distracting juries
2. intimitaing witnesses
3. Encouraging "showboating"
-powerful and essential at arriving @ the truth
-potential witnesses who do not want to be bothered would be free to ignore please for information
-highly disruptive to the media
-unable to reach deadlines
-media would shy away from aggresive reporting
- media would lose credability
Criminal- conduct that defies the dignity and power of the court
Civil- when a reporter refuses to answer questions or provide journalistic materials that would benefit one of the parties.
4. work made for hire
5. joint authorship
1. Complete registration form
2. Filing fee
3. Nonreturnable deposit of the work being registered.
Is the preexisting work protected by copyright?
Has the work been copied or otherwise used to create a substantially similar work?
Was a license obtained to use the preexisting work?
If no, does this use of the protected work qualify as fair use?
Exclusive- licensee is granted the sole authority to exercise the particular right in question.
-limited geographically or in duration
-no one else may possess the same right
Nonexclusive- Copyright owner may grant identical rights to additional parties
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