By: Miranda Dobson,
on 6/23/2015
Since the global financial crisis in 2008, the world has paid close attention to corporations and banks around the world that have faced financial trouble, especially if there is some aspect of scandal involved. The list below gives a brief overview of some of the most notorious company implosions from the last three decades.
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By: DanP,
on 11/10/2014
Thomas Jefferson is often quoted as remarking; “he who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me.” His sentiments, while romantic, do not necessarily express a view that many companies, authors, and artists would agree with when it comes to protecting their intellectual property today. For businesses and individuals alike, it has become of increasing importance to defend expressions of creative ideas with trademarks, patents and copyrighting, especially in the digital age where sharing and reproducing images, music, text and art has become so easy and prevalent. Intellectual property law aims to protect artistic output and the expression of ideas, whilst maintaining an environment where creativity can still blossom. However, even some of the world’s biggest names in business have been caught up in intellectual property cases that have not only made world news, but have come to define how we view our intellectual property rights. Here is a run-down of some of the highest profile cases where companies and individuals have gone to court to protect their intellectual property:
In 2000, one of the most famous cases in intellectual property law was taken to the U.S. Court of Appeals, 9th Circuit, when a group of major record labels took on Napster, Inc. The music file-sharing company, set up by then 18-year old Northeastern University student Shawn Fanning and his partner Sean Parker, was a revolutionary piece of sharing software, which allowed users to share any number of music files online. At its peak the software had around 20 million users sharing files peer-to-peer. A&M Records, along with a list of 17 other companies and subsidiaries accused Napster of copyright infringement, for allowing users to search and download MP3 files from other users’ computers. Rock band, Metallica and hip hop star Dr Dre also filed separate cases against the sharing software company. These cases led to a federal judge in San Fransisco ordering Napster to close its free file-sharing capacities. After the judge’s decision, the company eventually declared bankruptcy before re-emerging as a paid online music service, while German Media Corporation Bertelsmann AG ended up paying $130 million in damages to the National Music Publisher Association, after propping Napster up during its financial decline. This case is remembered as a defining case of the 21st century, as it was one of the first to address the impact peer-to-peer file-sharing online could have on copyright.
The enigmatic story of Jesus’ fathering of a child with Mary Magdalen, and in doing so creating a bloodline that exists to this day, is not just a fictional tale that exists in Dan Brown’s bestselling book, The Da Vinci Code. It has also been the subject of deep historical research carried out by Michael Baigent and Richard Leigh who, along with author Henry Lincoln, wrote the non-fiction work The Holy Blood and The Holy Grail. Baigent and Leigh took issue with Brown’s novel, claiming that the storyline was borrowed from their historical research. After a lengthy court case against Random House Group (who also happen to have published the claimants’ book), the two authors lost their copyright infringement case. The judge ruled that while six chapters of The Da Vinci Code took much of their narrative from Baigent, Leigh and Lincoln’s research, Brown was not guilty of copyright infringement, since the ideas and historical facts were not protected by copyright. After a failed appeal in 2001, the two claimants had to pay legal bills of approximately £3 million.
In a landmark 1938 case, world famous cereal brand Kellogg bested their rivals, the National Biscuit Company, over the manufacturing of a shredded wheat product which the National Biscuit Company claimed presented unfair competition to one of their products. The claimant objected to Kellogg’s use of the term “shredded wheat” to market their cereal, adding that there was too much of a similarity between Kellogg’s “pillow-shaped” cereal and their own shredded wheat product. Kellogg was allowed to continue their manufacturing of shredded wheat under this name and shape by Judge Brandeis, who rejected the National Biscuit Company’s argument under the premise that the shape was “functional”, while the name “Shredded Wheat” is simply descriptive, and therefore un-trademark-able. Judge Brandeis’ decision remains central to the U.S. statutory test for whether a name should remain un-trademarked because it is generic or descriptive.
Fashion house Louis Vuitton had a dog day when they decided to sue a Nevada-based pet product company, Haute Diggity Dog in 2007. The handbag maker, known around the world for its signature-branded luggage, filed a case against Haute Diggity Dog for trademark, trade dress and copyright infringement over a line of parody products entitled “Chewy Vuitton”. The defendant also reportedly had lines of products that played on the names of other international fashion brands, including “Chewnel No. 5” and “Sniffany & Co.” In a surprising move by the U.S. Court of Appeals, 4th Circuit, it was ruled that the Haute Diggity Dog products consisted of a successful parody, meaning they had not infringed on Louis Vuitton copyrights or trademarks. The court considered that the products were distinctly differentiated from Louis Vuitton products, and sought to convey a message of entertainment and amusement. It was also considered whether or not the “Chewy Vuitton” products could be confused in any way for Louis Vuitton products; a suggestion that was rejected by the court.
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By: DanP,
on 10/28/2014
We are pleased to introduce the marketing team for the Commercial Law department at OUP. Chris, Simon, and Miranda work with journals, online resources, and books published on a variety of subjects which relate to the rights and practice of people in business. The resources they work with are used by practicing lawyers, academics and students, and cover a range of topics including competition law, energy, arbitration, and financial law. Get to know more about them below:
Chris Wogan
What is your role in OUP’s Commercial Law department?
I’m Chris, the Marketing Manager for Commercial Law. I plan, implement, and execute marketing strategy for Oxford’s Commercial Law portfolio.
What is the best part of your job/highlight of working at OUP?
The people you get to work with are so much fun. There are some incredibly bright and talented people at Oxford, and I love making our authors and customers happy – that is a really great part of the job. Also, the variety – working in marketing at OUP means you get to try new and different things all the time, it’s a truly interesting place to work, and an exciting time to be in marketing.
Which three songs could you not live without?
Song for Zula – The Phosphorescent
Dream the Dare – Pure Bathing Culture
On the Sea – Beach House
What’s your favourite place in Oxford?
There are so many lovely places around Oxford, including Jericho, Cowley and the colleges, but my favourite place would have to be the walk round Christchurch meadow.
What is your favourite fiction book and why?
I have lots of favourites, it’s difficult to pick just one! I’m a huge fan of James Joyce so will pick one of his – A Portrait of the Artist as a Young Man. It’s debatable how fictional it is, but the language is incredible. Or Villette.
If you were in a Hogwarts house, which would it be?
I’d like to think it would be Gryffindor, but in reality it would probably be Ravenclaw.
Simon Jared
What is your role in OUP’s Commercial Law department?
I’m the Marketing Executive for Commercial Law and work mostly on our book products, though I do also pitch in with our online products and journals.
What is the best part of your job/highlight of working at OUP?
The best part of working at OUP is definitely the people here. I’ve made a lot of friends and there are loads of friendly and creative people around (especially in marketing!). The best part of the job is the diversity. We have a lot of products and types of products, and we’re doing more and more exciting things with digital, content, and social marketing to promote them. We also still get to attend events and meet our authors and other lawyers.
What’s your favourite place in Oxford?
My favourite place in Oxford is the top of the hill in Raleigh Park for two reasons. One: I think the best view of Oxford is from above, with all the spires, domes, and old buildings. Two: I only ever go there when I’m out running and it means the rest of my run is downhill!
Who is the most famous person you’ve met?
I once walked into Paloma Faith on The Strand (not intentionally).
Which three songs could you not live without?
The End – The Doors
Mine for the Summer – by my friend Sam Brawn
Gone – Kanye West
Do you have any hidden talents?
Yes, but I’ve forgotten where I hid them.
If you were in a Hogwarts house, which would it be?
Hufflepuff, because the name amuses me.
Miranda Dobson
What is your role in OUP’s Commercial Law department?
I am the newest member of the team, and recently started as the Marketing Assistant for the Commercial Law department.
What’s your favourite place in Oxford?
I’ve only just moved to the city, and it’s such a beautiful place it would be difficult to choose somewhere as a favourite. However, when I’m not hanging out with daffodils, I am a sucker for a good bar or pub, and there are some great places in the Jericho area of Oxford to mooch between!
What is your favourite fiction book and why?
My favourite book is The Time Traveler’s Wife by Audrey Niffenegger, simply because I think it’s the perfect novel. I love how the book uses different perspectives through diary entries and a jumbled up time scale. It combines science fiction with a love story; it has violence; it has time travel; it has romance… what more could you want?
Who is the most famous person you’ve met?
I once met Judy Dench (Dame) in Disney Land Paris, she was all in white and looked very stern, but we spoke to her and she was lovely!
What is your biggest pet peeve?
When people have a first name for their last name… you can’t trust those people.
Which three songs could you not live without?
Ain’t no mountain high enough – Marvin Gaye and Tammi Terrell
Take me to church – Hozier
Say you’ll be there – The Spice Girls (no shame)
If you were in a Hogwarts house, which would it be?
I’d be in Slytherin, because green is my colour and just like Draco and Snape, beneath my cold, evil-seeming exterior, I actually do have a heart.
Featured image credi: Lady Justice, at the Old Bailey, by Natural Philo. CC-BY-SA-3.0 via Wikimedia Commons.
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