Law and Intellectual Property Memorandum Essay Example | Topics and Well Written Essays - 1250 words - 1

Law and Intellectual Property Memorandum - Essay Example Yes, Mr. Kenobi is entitled to a fair royalty from Jedi and he also could seek a court injunction requiring his pictures to be removed from Jedi’s website until the royalty is received. Since i) Mr. Kenobi can prove that the pictures are his and ii) Jedi did digitally copy the pictures intentionally by deliberately uploading them onto Emperor’s server, this constitutes primary infringement. No, Mr. Kenobi is not entitled to any damages or royalties from Emperor. Since Empire is only providing a hosting service for Jedi’s website, Emperor did not directly nor intentionally copy the pictures, it simply received a copy of the pictures from Jedi through the rendering of a hosting service. This only constitutes secondary infringement and there was no intent to copy. Probably, Empire is liable to Jedi for the fair market value of the secret formula, unless specific damages had been outlined in the contract between them. Since Empire did not copy the information directly, it does not constitute primary infringement. Although it did inadvertently provide the means for others to do so, Empire did not have any intention of copying, therefore it does not constitute secondary infringement either. However, the data was explicitly labeled as confidential by Jedi and Empire was negligent in protecting the confidentiality of the data. Yes, Jedi is entitled to a fair royalty from its competitors for use of their unregistered design right and could also seek a court injunction to not only prevent the further illegal use of their secret formula but also have all products where their secret formula was illegally used recalled until the royalty is received. This office is considering possible liability between Jedi, Emperor, and Mr. Kenobi. Jedi has posted on its website (hosted by Empire) pictures reputed to belong to Mr. Kenobi.  Ã‚