Rule of law

Once an author or artist grants the copyright of a work to someone else, ownership remains with the recipient for the life of the copyright, correct? Not exactly. Taking into consideration that young, struggling artists often enter into contracts that take advantage of them and their desire to reach a wider audience, the Copyright Act of 1976 specifically allows for the recapturing of copyrights under certain circumstances. Specifically, section 203 of the Act provides that grants, assignments and licenses can by terminated within a five-year window after the 35-year moratorium"Today, a copyright is valid until 70 years after the death of the work's last living author or, in the case of works owned by a corporation, the copyright lasts 95 years from publication or 120 years from creation, whichever is shorter. Once a copyright expires, anyone may use the material."chapter 28 page 507
Retailers, especially those specializing in high-end merchandise, have always expected to lose a percentage of their profits to counterfeiters, but it’s only recently that retailers have begun to crack down on just about any business that appears to undermine the authenticity of their brand, no matter how innocent the alleged perpetrator thinks their actions might have been. Hence, the March 1, 2010 filing of Louis Vuitton Malletier (LVM) v. Hyundai Motor America in US District Court, Southern District of New York in Manhattan.
The complaint filed by LVM asks for unspecified damages and an order that bars Hyundai from diluting its trademark, claiming that use of the look-alike logo “is likely to both dilute the distinctiveness and tarnish the reputation of the LVM marks.” "Similar to an existing mark. To avoid confusion, the PTO will not grant a trademark that is similar to one already in existence on a similar product. Once the PTO had granted a trademark for “Pledge” furniture polish, it refused to trademark “Promise” for the same type of product"chapter 28 page 510.