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Intellectual Property News
Justice Department Announces First Ever Conviction For Infringing Copyrights
A Minnesota woman today pleaded guilty to conspiring to willfully reproduce and distribute hundreds of thousands of infringing copies of copyright-protected karaoke sound recordings that were pre-loaded onto computer hard drives and then sold on eBay and other online auction sites, Assistant Attorney General Alice S. Fisher of the Criminal Division and U.S. Attorney Rachel K. Paulose for the District of Minnesota announced today.
Tracy Ann Brock, 43, of Burnsville, Minnesota, pleaded guilty to a one-count felony information charging her with conspiracy to commit criminal copyright infringement. The plea was entered before United States District Judge David S. Doty. Ms. Brock faces up to five years in prison, a fine of $250,000, and three years of supervised release.
Ms. Brock’s conviction is the first ever criminal conviction for infringing copyrighted karaoke music and is part of the Department of Justice’s broader initiative to combat online auction piracy. From April 2004 and continuing until July 2006, Ms. Brock, as President and co-owner of Star Music, Inc., conspired to reproduce and upload hundreds of thousands of infringing copies of copyright-protected karaoke songs onto hundreds of computer hard drives. During this time, Ms. Brock also conspired to sell these pre-loaded computer hard drives for profit through various entities and websites, including eBay. Read more at cybercrime.gov.
There are common law rights
Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use application with the Patent and Trademark Office has the ultimate right to use and registration. However, there are many benefits of federal trademark registration.
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Definition:
With respect to any one of the exclusive rights comprised in a copyright, refers to the owner of that particular right. The exclusive rights provided by Copyright are completely divisible. Copyright in a work vests initially in the author or authors of the work. However, the author may assign some or all of his or her rights to another, e.g., to a publisher, if the work has appeared in a formal publication, who then becomes the owner of the rights assigned.
Assignee
Definition:
The entity that is the recipient of a transfer of a patent application, patent, trademark application or trademark registration from its owner of record.
Trade Secret
Definition:
Definition of trade secret." A trade secret may consist of any formula, pattern, device or compilation of information which is used in one's business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. It may be a formula for a chemical compound, a process of manufacturing, treating or preserving materials, a pattern for a machine or other device, or a list of customers.
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