StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Unfair Competition of the Lanham Act - Assignment Example

Cite this document
Summary
The paper "Unfair Competition of the Lanham Act" describes that the case moved from the District Court, which ruled in favor of Sony to the Court of Appeal for the Ninth Circuit, which ruled in favor of Universal City Studios and others and finally moved to US Supreme which ruled in favor of Sony…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER93.2% of users find it useful
Unfair Competition of the Lanham Act
Read Text Preview

Extract of sample "Unfair Competition of the Lanham Act"

The case raises the question of whether a company is liable for contributory copyright infringement in case the company manufactures technical devices which can be used to copy copyrighted content. Sony Corp. developed a videotape recording device known as “Betamax”. Walt Disney Company and Universal Studios understood that there could be a threat to their business and opted to file a suit against Sony Corp. for contributory copyright infringement and unfair completion under the Lanham Act.

2. Legal Provision
The provisions relating to unfair competition of the Lanham Act applied to this case in addition to 17 U.S.C. § 101 (Copyright Act of 1976). The fair use doctrine for use of copyrighted content, the provisions for copyright infringement in addition to provisions 17 U.S.C. § 106, which grant the copyright owners several rights were applicable for giving a verdict in every issue that was raised in this suit.

4. Decision
The case first moved to the Federal District Court, where Sony Corp. won the case against its plaintiffs. The plaintiffs Universal Studios and Walt Disney then appealed to the Court of Appeals for the Ninth Circuit, where the decision was passed in favor of the appellants Universal Studios and Walt Disney. Sony Corp. then finally decided to move to the US Supreme Court for a decision on the issue. The US Supreme Court ruled in favor of Sony Corp. by a 5-4 majority. Thus Sony Corp. was allowed to manufacture Betamax and later a product named VHS in the US without becoming liable for copyright infringement and without being liable to pay any damages.
5. Rule
The case establishes a general rule in favor of technological development and favors the right of the general public to make rightful owners of copyright to make copies through technical devices for their personal use. The general rule established in this case was that manufacturing a product that can be used to store copyrighted content or which increases the probability of copyright infringement to take place does not by itself result in copyright infringement.
6. Reasons
The court reasons its judgment by stating that just making a product that can be used to copy some copyrighted content is not a violation of copyright. The right of purchasers of a copyrighted matter will be prejudiced in case the product is not allowed to be manufactured. This is because in that case their right to make free copies out of the original copy which they purchased for their personal use will be harmed in addition to the harm caused to their right to give copies to whoever they feel like, for private non-commercial use.
7. Concurring and Dissenting Opinions
The majority gave concurring opinions in favor that Betamax should be allowed to be manufactured while the Dissenting members of the court opined that allowing the product to be manufactured may give rise to copyright infringement, hence, it should not be allowed.
8. Legal Terms
Some of the most important legal terms, which were used in the case were, “Vicarious liability” and “Contributory Copyright Infringement”, which meant constructive liability for not causing something directly and constructive liability for copyright infringement.

Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Legal Brief Assignment Example | Topics and Well Written Essays - 500 words - 1”, n.d.)
Legal Brief Assignment Example | Topics and Well Written Essays - 500 words - 1. Retrieved from https://studentshare.org/law/1609693-legal-brief
(Legal Brief Assignment Example | Topics and Well Written Essays - 500 Words - 1)
Legal Brief Assignment Example | Topics and Well Written Essays - 500 Words - 1. https://studentshare.org/law/1609693-legal-brief.
“Legal Brief Assignment Example | Topics and Well Written Essays - 500 Words - 1”, n.d. https://studentshare.org/law/1609693-legal-brief.
  • Cited: 0 times

CHECK THESE SAMPLES OF Unfair Competition of the Lanham Act

Intellectual Property Law

Section 45 of the lanham act requires the elements of ability to identify and distinctiveness as to the source of goods as requirements to registrability.... Q2 Yes, in both the aforecited cases, the provisions of the lanham act significantly played a vital role in the decisions of the SC.... Accordingly, the Court ruled that it is inappropriate to impose upon inherently distinctive trade dress the requirement of secondary meaning on the following grounds: there is no rationale for enforcing additional requirements on trade dress because protection for both trademark and trade dress under the lanham act serves the same purpose of preventing both unfair competition and fraudulence; the provision on trade dress in the lanham act, viz....
5 Pages (1250 words) Research Paper

The Post Cold War Period and The Attack on Pentagon

There is also a great need for economic intelligence which should however not be used offensively to help a firm win a contract or tender but should be utilised defensively to cushion American firms against unfair competition through bribes or other unfair means.... The laws that were put in place after the attack including the USA PATRIOT act allowed enhanced electronic surveillance thus infringing on people's privacy for the sake of security.... lanham: Rowman & Littlefield, 2006....
4 Pages (1000 words) Assignment

Case Review and Principles Governing Application of Privacy Related Torts

In the previous history of the case, the plaintiff, Wentworth, lodged an amendment complaint against Settlement Funding, the defendants asserting that the defendant took part in actions that amounted to copyright violation, trademark dilution, injury to the business reputation and false representation in breach of sections 32 (1) and 43 (a) of the lanham act, 15 U.... The plaintiff relied on sections 32 (1) and 43 (a) of the lanham act.... Settlement Funding LLC, in order to determine breaches of section 32(1) and 43(a) of the lanham act, the court, as according to Fisons Horticulture, Inc....
3 Pages (750 words) Essay

Federal Landham Law and California Trade Secret

Principally the lanham law has, civil and criminal requirements for desecrations of their particular provisions, it also offers civil remedies in the event of exclusive rights infringement (Belmas 67).... If the central government chooses to impeach organizations or individuals for any of the above violations, the detention terms are clearly set forth in the lanham's law and it explicitly describes the offense and also it discerns the criminal fine to be paid in cash....
5 Pages (1250 words) Essay

Economics/Microsoft

?? Microsoft is charged in monopolizing the computer operating system market, in integration of the Internet Explorer web browser to cut competition from Netscape and use of market power to form anticompetitive agreements.... Instead it kept them low to overcome competition....
4 Pages (1000 words) Essay

Analyzing and Evaluating Tort of Passing off

the lanham act 43(a) provides that the plaintiff must bear a valid and protectable trademark and the defendant ought to be using colorable imitation that looks like the authentic trade in order to cause confusion to the purchasers13. ... The idea of reverse passing off is found in section 43(a) lanham act of the United States of America.... The law undoubtedly seeks to protect the traders' interests and the public from the consequences of unjust trading and unfair competition....
12 Pages (3000 words) Essay

Sports Law in the United States

abbar had sued GMC under the lanham act 15 U.... nder the lanham act, Jabbar has the right to protect his name.... § 1125(a) in the lanham act.... The court also reject GMs defense that use of Lew Alcindor name as a nominative fair not in the lanham act since this use amounted to endorsement by Abdul Jabbar of the product.... lanham act protects commercial parties from unfair competition.... Jabbar contended that GMC use of his birth name may confuse consumers on his endorsement of Olds 88 which consequently violate lanham act....
18 Pages (4500 words) Essay

Ethical Analysis Drugs in Sport

his is because use of such drugs promotes unfair competition and the end result is not profitable as it is not justifiable.... he utilitarian theory explains that an act is measured as being wrong or right on the basis of consequences of the act and its impacts on a mass of people (Verroken, 2001).... dditionally, it is difficult determine an act that will convey the highest benefit compared to another. ... Therefore stating that, the act of using drugs to enhance performance promotes productive behaviour....
8 Pages (2000 words) Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us