Finest Assignment titled “2” Patents, Trademarks & Copyrights

Finest Assignment titled “2” Patents, Trademarks & Copyrights

Facts

The case under study is related to the infringement of Patents, Trademarks & Copyrights law. In this case, Kelli has used a map in her book that was made by Stephen, who is an amateur cartographer, without giving any prior notification to Stephen and without getting his approval for doing so. Therefore, Stephen has sued Kelli, for copying the map that he had created claiming that it is an unlawful act under the law 17 USC § 102, which is based on the 'Subject matter of copyright'. However, Kelli gives her argument regarding the issue, stating the fact that Stephen was re-drawing the map using data that was publicly available, which according to her thinking cannot be copyrighted under 17 USC § 102. The case is held in the 9th Circuit Court of Appeals.

Issues

The issue in this case is based on the fact that, under the law 17 USC § 102, which is based on the 'Subject matter of copyright', a product or service that is under copyright, trademark, or patent cannot be copied by anyone. This is because of the fact that all three, patent, trademark and copyright law provide the individual or the organization that initially produced the product or service the sole right to manufacture the product or service (Keller, 2007). Moreover, under the law 17 USC § 102, anyone that is found involved in the act of copying such a product or service that is under patent, copyright or trademark will be held guilty for the infringement of the law of copyright, trademark or patent, under the legislation 17 USC § 102, which is based on the 'Subject matter of copyright'.

Rule

Under the law 17 USC § 102, which is based on the 'Subject ...