Ideas Flashcards

1
Q

a) an idea may be property if :

A

it is original or novel

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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)

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