Uniform residential landlord tenant act case 242

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Uniform Residential Landlord-Tenant Act. Case 24.2 Fountaine bleu Hotel v. Eden Roc (FL 1959), p.663. 14-story addition to hotel, 8 stories, eden rocfiled suit asking to prohibit further construction; said their shadow casted would interfere with sunlight and air , and said their own construction was based on ill will for their own guests;;;florida supreme court ruled in favor of fontainebleau on general property rule; past rejectino of “ancient lights” Landlord-Tenant agreements and tenant rights. Commercial land uses: zoning ordinances. Eminent Domain: Government right to acquire private property if needed for an important project. Chp. 25 Intellectual Property Intellectual Property is intangible. Trade secrets, trade secret protection law, UTSA (Uniform Trade Secrets Act). Trade secrets never expire. USPTO (US Patent and Trademark Office): Distinguishing marks, logos, sounds, scents, dress, colors. Servicemarks. Copyrights, protection of original creations. Work must have originality, creativity, be on durable medium. Duration or expiration. Patents: Inventions must be unique, original, nonobvious. Duration.
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Table 25.2, p.704. -misappropriation; 1; the acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret wasacquired by impromper means 2; any disclosure or use of a trade secret of another without express or implied consent -criminal sanctions;espionage act: fed. Statute passed 96’ provides crim. Penalties for domestic and foreign theft of trade secrets -trademark =nonfunctional distinctive word, name shape, symbol, phrase ;lanham act protects owners’ registerd trademark(coca cola) -service marks are useed to identify business services (greyhound, hilton) -trade dress; beyond-the-mark features (shape, color combo of product) -secondary meaning= created when public primarily associates a mark w/particular product. (microsoft, windows) -federal trademark dilution act of 95’ amended by trademark dilution revision act of 2006. ;evidenc eof consumer confuision is not necessary in order for theh mark holder to prevail. Diliution occurs either through blurring or tarnishment; blurring dilutes teh dinsticve quality of the mark through it sidentification with goods tat are not alike; dilution by blurring may be found regardless of the presence or absence of actual/likely confusion or cmoetption;
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-tarnishment occurs when an association harms the reputation of the famous mark with something objectionalle or unflattering associated with it 6 nonexhaustive factors; 1. The degree of similarity b/t the mark and the famous mark 2. The degree of inherent or acquried distinctiveness of the mari 3. The extent to which the owner of the famous mark is engaging in substantially exclusiveness use of the mark 4. The degree of recognition of the mark 5. Whether use of the mark by the alelged infringer was intended to create an association with the famous mark 6. Any actual assocation with the mark
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