Ideas Flashcards
1
Q
a) an idea may be property if :
A
it is original or novel
2
Q
b) Downey v General Foods:
A
sent in Jell-o “Mr. Wiggle” idea; ∆ independently came up with idea (no one at Jell-O saw π form) not original/novel; affirmative defense = ind. Creation of idea
c) argument: even if original idea, if a person hasn’t done “more” to express idea, there is probably no right (kind of like hunting a fox: just seeing the fox is not enough, but taking steps towards certain capture does establish a right)