Types of intellectual property
The US government has instituted measures to protect the invention of ideas such as the one that George has come up with (“UWannaUs?” devices). The three fundamental intellectual property that are applicable to George’s devices include the patent, trademark and design protection (Hart, Clark & Fazzani, 2013). A patent provides the owner of a product the right to prohibit others from producing the invention described in the patent. George can, therefore, apply to be given the monopoly to produce the devices so that other individuals do not use his idea for personal gain. Besides, George ought to register a trademark so that his company stands out from any competitors that might arise. A trademark comprises of signs that can be represented graphically and can include, personal names, logos, numerals, and letters, among others (Cornish, Llewelyn & Aplin, 2015). Lastly, George can seek for design protection. The purpose of seeking a design protection is to make sure that other individuals do not copy the appearance of the product. The appearance comprises of features such as patterns, lines, color, shape, texture, among others.
Defenses to contract article within the Judicial Education Center
Regarding the contract between Aunt Linda and George, there is a clear breach of terms, and Aunt Linda can use several defenses to counter George’s lawsuit. First, the article states that a contract can be canceled when “the contract contains a mutual mistake, stating something different from what either party intended.” Aunt Linda agrees with George that the funds to be released are for school purposes, but later Aunt Linda learns that George intends to use the funds in an invention. Aunt Linda has a right to cancel the agreement since the objective is not as previously intended. Secondly, the article states that a contract can be canceled if it is obtained by fraud (DiMatteo & Anenson, 2017). George tries to obtain funds for his project from Aunt Linda through pretense. He, therefore, lacks integrity in his request for the money. Aunt Linda is therefore justified to cancel the contract since George lies to her.
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References
Cornish, W. R., Llewelyn, D., & Aplin, T. (2015). Intellectual Property: Patents, Copyrights, Trademarks and Allied Rights (4th) . London: Sweet and Maxwell.
DiMatteo, L. A., & Anenson, T. L. (2017). Teaching law and theory through context: Contract clauses in legal studies education. Journal of Legal Studies Education , 24 (1), 19.
Hart, T., Clark, S., & Fazzani, L. (2013). Intellectual property law . Palgrave Macmillan.
