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Yankee Candle Co. V. New England Candle Co.
''The Yankee Candle Co. v. New England Candle Co.'', 14 F.Supp.2d 154 (1998) is a court case from the District of Massachusetts holding that an individual shop within a mall does not qualify as a "building" under 17 U.S.C. § 101. The case clarifies the scope of the Architectural Works Copyright Protection Act (AWCPA). Background A year after the Yankee Candle Company opened a store in Holyoke, Massachusetts, the New England Candle Company opened a store in Enfield, Connecticut that looked "remarkably similar" and used many of the same design elements as the Yankee Candle store. On September 9, 1996, Yankee Candle filed suit against New England Candle, alleging copyright and trade dress infringement. Yankee Candle claimed that copyright protection for both the blueprints and the actual design of the Holyoke store that was embodied in the blueprints. Opinion of the court The court considered the scope of the term "building" under 17 U.S.C. § 101's definition of "architectu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court For The District Of Massachusetts
The United States District Court for the District of Massachusetts (in case citations, D. Mass.) is the federal district court whose territorial jurisdiction is the Commonwealth of Massachusetts, United States. The first court session was held in Boston in 1789. The second term was held in Salem in 1790 and court session locations alternated between the two cities until 1813. That year, Boston became the court's permanent home. A western division was opened in Springfield in 1979 and a central division was opened in Worcester in 1987. The court's main building is the John Joseph Moakley Federal Courthouse on Fan Pier in South Boston. Appeals from the District of Massachusetts are heard by the United States Court of Appeals for the First Circuit, also located in the Moakley courthouse (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). U.S. Attorney's Office The United States Attorney's Office ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
17 U
Seventeen or 17 may refer to: *17 (number) 17 (seventeen) is the natural number following 16 (number), 16 and preceding 18 (number), 18. It is a prime number. Seventeen is the sum of the first four prime numbers. In mathematics 17 is the seventh prime number, which makes seventeen the ..., the natural number following 16 and preceding 18 * one of the years 17 BC, AD 17, 1917, 2017 Literature Magazines *Seventeen (American magazine), ''Seventeen'' (American magazine), an American magazine *Seventeen (Japanese magazine), ''Seventeen'' (Japanese magazine), a Japanese magazine Novels *Seventeen (Tarkington novel), ''Seventeen'' (Tarkington novel), a 1916 novel by Booth Tarkington *''Seventeen'' (''Sebuntiin''), a 1961 novel by Kenzaburō Ōe *Seventeen (Serafin novel), ''Seventeen'' (Serafin novel), a 2004 novel by Shan Serafin Stage and screen Film *Seventeen (1916 film), ''Seventeen'' (1916 film), an American silent comedy film *''Number Seventeen'', a 1932 film directed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Architectural Works Copyright Protection Act
Copyright in architecture is an important, but little understood subject in the architectural discipline. Copyright is a legal concept that gives the creator of a work the exclusive right to use that work for a limited time. These rights can be an important mechanism through which architects can protect their designs. History of copyright in architecture Architecture has not always been covered by copyright law. In 1790, when the first copyright law was passed, copyright was only granted in "books, maps, and charts". In 1909, Congress broadened the scope of copyright protection to include all "writings of an author". Although architectural drawings were not expressly included in the 1909 Act, copyright protection was included under the act for " awings or plastic works of a scientific or technical nature". Courts generally interpreted this provision to include an architectural blueprint. It was not until 1976 that Congress expressly stated its intent to include "an archi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Yankee Candle Company
The Yankee Candle Company (referred to simply as Yankee Candle) is an American manufacturer and retailer of scented candles, candleholders, accessories, and dinnerware. Its products are sold by thousands of gift shops nationwide, through catalogs, and online, and in nearly 50 countries around the world. The company operates just over 260 small-box format stores, located in malls across 43 U.S. states and Ontario, and is the largest candle manufacturer in the United States. The company is headquartered in South Deerfield, Massachusetts. The Jarden Corporation agreed to buy Yankee Candle for $1.75 billion in the fall of 2013. In 2015, Newell Rubbermaid announced that it would acquire Jarden for over $15 billion of cash and stock. History Yankee Candle Company was started in South Hadley, Massachusetts when Michael Kittredge, originally from Holyoke, Massachusetts, created his first scented candle, ''Christmas 1969'', from melted crayons as a gift for his mother. Neighbo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Holyoke, Massachusetts
Holyoke is a city in Hampden County, Massachusetts, United States, that lies between the western bank of the Connecticut River and the Mount Tom Range. As of the 2020 census, the city had a population of 38,238. Located north of Springfield, Holyoke is part of the Springfield Metropolitan Area, one of the two distinct metropolitan areas in Massachusetts. Holyoke is among the early planned industrial cities in the United States. Built in tandem with the Holyoke Dam to utilize the water power of Hadley Falls, it is one of a handful of cities in New England built on the grid plan. During the late 19th century the city produced an estimated 80% of the writing paper used in the United States and was home to the largest paper mill architectural firm in the country, as well as the largest paper, silk, and alpaca wool mills in the world. Although a considerably smaller number of businesses in Holyoke work in the paper industry today, it is still commonly referred to as "The Paper ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Enfield, Connecticut
Enfield is a town in Hartford County, Connecticut, United States, first settled by John and Robert Pease of Salem, Massachusetts Bay Colony. The population was 42,141 at the 2020 census. It is bordered by Longmeadow, Massachusetts, and East Longmeadow, Massachusetts, to the north, Somers to the east, East Windsor and Ellington to the south, and the Connecticut River (towns of Suffield and Windsor Locks) to the west. History Enfield was originally inhabited by the Podunk tribe, and contained their two villages of Scitico and Nameroke. Though land grants were first granted in 1674, no one attempted to settle what is known as Enfield until 1679 when the Pease Brothers of Robert and John II, settlers from Salem, Massachusetts came in to settle the fertile lands. They dug a shelter into a hill and camped there for the winter until their families came to help them build houses. In 1675, a sawmill owned by William Pynchon II was burned in the wake of King Phillip's War. The first to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial righ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trade Dress
Trade dress is the characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers. Trade dress is an aspect of trademark law, which is a form of intellectual property protection law. Overview Trade dress is an extension of trademark protection to " e design and shape of the materials in which a product is packaged, rimarily 'Product configuration,' the design and shape of the product itself, may also be considered a form of trade dress." Product configuration applies particularly to situations where the product can be seen within the packaging (''e.g.'' a toy car sold in packaging that operates as a shadow box for commercial display within—the collective look it creates is trade dress), or where the packaging is part of the product (''e.g.'' the bottle of a soft drink, along with its visible contents, are trade dress, though the bottle is actually part of the product that retains i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Code Of Federal Regulations
In the law of the United States, the ''Code of Federal Regulations'' (''CFR'') is the codification of the general and permanent regulations promulgated by the executive departments and agencies of the federal government of the United States. The CFR is divided into 50 titles that represent broad areas subject to federal regulation. The CFR annual edition is published as a special issue of the '' Federal Register'' by the Office of the Federal Register (part of the National Archives and Records Administration) and the Government Publishing Office. In addition to this annual edition, the CFR is published online on the Electronic CFR (eCFR) website, which is updated daily. Background Congress frequently delegates authority to an executive branch agency to issue regulations to govern some sphere. These statutes are called "enabling legislation." Enabling legislation typically has two parts: a substantive scope (typically using language such as "The Secretary shall promulgate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Copyright Law
The copyright law of the United States grants monopoly protection for "original works of authorship". With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These exclusive rights are subject to a time limit, and generally expire 70 years after the author's death or 95 years after publication. In the United States, works published before January 1, , are in the public domain. United States copyright law was last generally revised by the Copyright Act of 1976, codified in Title 17 of the United States Code. The United States Constitution explicitly grants Congress the power to create copyright law under Article 1, Section 8, Clause 8, known as the Copyright Clause.Stanford Fair Use and Copyright Center. U.S. Constitution. http://fairuse.stanford.edu/law/us-constitution/ . Retrieved December 3, 2015. Under the C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Copyright Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1998 In United States Case Law
1998 was designated as the ''International Year of the Ocean''. Events January * January 6 – The '' Lunar Prospector'' spacecraft is launched into orbit around the Moon, and later finds evidence for frozen water, in soil in permanently shadowed craters near the Moon's poles. * January 11 – Over 100 people are killed in the Sidi-Hamed massacre in Algeria. * January 12 – Nineteen European nations agree to forbid human cloning. * January 17 – The '' Drudge Report'' breaks the story about U.S. President Bill Clinton's alleged affair with Monica Lewinsky, which will lead to the House of Representatives' impeachment of him. February * February 3 – Cavalese cable car disaster: A United States military pilot causes the deaths of 20 people near Trento, Italy, when his low-flying EA-6B Prowler severs the cable of a cable-car. * February 4 – The 5.9 Afghanistan earthquake shakes the Takhar Province with a maximum Mercalli intensity of VII (''Very strong''). With up ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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