Thursday, September 16, 2010

Final Project: Rule of law -- a concise summary of the main precedent established. Support with quotes form the book

Web design, graphic design, and just basically any type of design will have some sort of intellectual property issue or some type of argument. Since these are ideas, work such as art that are ‘produced’ by us designers, we face a career that affects us if we don’t understand how the law within intellectual property protects us. By being a web designer, the world wide web holds a special feature – stealing! And stealing ideas when something is someone else’s work can be punishable in court. “A party who claims to own a mark (the plaintiff) may file a lawsuit against another use of the same or similar mark (the defendant) to prevent further use of the mark and collect money damages for the wrongful use.” If I make a logo and it has a trademark on one of the letters since the letter was custom drawn and embedded into the text and someone uses that custom drawn logo on there logo as well, I can file infringement action towards that party. When helping a client come up with a domain name it is very important to make sure that “The domain name is not infringing a trademark. If a domain name is likely to confuse consumers because it is similar to another trademark, the domain name used may be terminated.” As a website designer in today’s industry, search engine optimization or SEO is a huge factor for search and advertising capability. Metatags are used to describe certain or major keywords that will help the site to be searched and ranked in top 10 of a search engine. “There are some instances when the use of another company’s trademark is permitted in a metatag for example if the tag is used to describe the goods or services of a company or geographic origin.”

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