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Aesthetic design elements on useful articles like clothing can be copyrightable if they can be separately identified as art and exist independently of the useful article. Fourth Estate Public Benefit Corp. v. Wall-Street.com
Patent law, not trademark, protects useful processes, machines, and material inventions. Patented designs are presumed to be functional until proven otherwise. [4] Aesthetic functionality provides grounds to deny trademark protection to design features which are included to make the product more aesthetically appealing and commercially desirable.
Case Year Decided Holding Voting Dred Scott v. Sandford: 1857: Held that people of African ancestry (whether free or not) were not United States Citizens, and therefore lacked standing to sue. This ruling stood as precedent until the ratification of the Fourteenth Amendment to the United States Constitution. 7–2 Georgia v. Tennessee Copper Co ...
Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called ...
In 1999, Johnson & Johnson had signed a contract with a company called Excerpta Medica. Its specialty was medical marketing. Its sub-specialty was producing ghostwritten, data-filled studies on the efficacy and safety of a client’s drugs, finding the right academic scholars to be listed as the authors and then placing the articles in prestigious academic journals.
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case", as used ...
Contra proferentem (Latin: "against [the] offeror"), [1] also known as "interpretation against the draftsman", is a doctrine of contractual interpretation providing that, where a promise, agreement or term is ambiguous, the preferred meaning should be the one that works against the interests of the party who provided the wording.
Articles copied for educational use are not necessarily fair use. First case where transformative use was raised as a defense. Advent Sys. Ltd. v. Unisys Corp: 925 F.2d 670, 675-76: 3d Cir. 1991 The sale of software is the sale of a good within the meaning of the Uniform Commercial Code. Downriver Internists v. Harris Corp: 929 F.2d 1147, 1150 ...