Reference no: EM133638210

Discussion Post I

A. Chapter 6 noted that Friendster has obtained a number of social networking patents that it could potentially assert against other social networking sites such as Facebook and MySpace. Suppose you are corporate counsel at one of these two companies and you expect that you may eventually be sued by Friendster. In addition to contesting the validity or enforceability of the Friendster patents, what are some of your other options?

B. The CEO of a small but promising start-up company is in need of an experienced engineer to head up a key aspect of the business, and has selected Sam as a leading candidate. If hired, Sam would not only be exposed to the proprietary technology that already provides a significant advantage in the market, but would be tasked with developing additional proprietary information and software. Sam is currently an employee of XYZ Corp., a competitor of the start-up. What potential problems might the CEO want to consider? What steps could the CEO take to address these problems?

Discussion Post II

A. Should dissatisfied consumers have the right to establish gripe sties that use the trademark of the offending company in the domain name? How likely is it that consumers will be confused as to the "origin, sponsorship, or approval" of the gripe site by the offending company? Whether or not you think that confusion is likely, should a gripe site be considered to tarnish the targeted company's trademark and thereby violate the Federal Trademark Dilution Act? Why or why not?

B. It is common practice for recipients of email messages to sometimes forward those messages to others. Does such forwarding constitute copyright infringement? In your answer, be sure to specify which, if any, of the exclusive rights may have been violated by the act of forwarding and whether the doctrine of fair use applies. What remedies, if any, might a successful plaintiff be able to obtain.