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Intellectual Property News
North Carolina Man Charged With Illegally Accessing American College Of Physicians Database
PHILADELPHIA -- United States Attorney Pat Meehan today announced the return of an indictment (1) charging William Bailey, Jr. of Charlotte, NC, with 11 counts of computer intrusion. Bailey is charged with getting unauthorized access to the membership database of the American College of Physicians in Philadelphia and downloading information regarding more than 80,000 members.
Bailey runs a business in North Carolina that markets databases to people interested in marketing to physicians, dentists, lawyers and other professionals. The indictment charges that between January and May 2005, Bailey gained unauthorized access to the computer at American College of Physicians and downloaded the membership database.
The ACP website contained the following restriction on its use. A viewer had to read this warning before getting access to the membership database:
"Member Connection" or any of its data or listings may not be downloaded, republished, resold or duplicated, in whole or in part, for commercial or any other purposes, or for purposes of compiling mailing lists or any other lists of physicians. The use of ÒMember Connection" to establish independent data files or compendiums of statistical information is prohibited.. . . Should the foregoing terms and conditions be acceptable to you, please indicate your agreement and acceptance by clicking below on the button labeled, "I accept."
"As the indictment alleges, the defendant was not an ACP member, knew he couldnÕt gain access to the database and download the information that he wanted, so he ignored the stop signs and the law,Ó said Meehan. Meehan also noted that the American College of Physicians called the FBI immediately and cooperated during the investigation.
If convicted, Bailey faces a maximum possible sentence of 55 years imprisonment, $2,750,000 in fines and a special assessment of $1100.
When to use an R with circle -- ® -- or a TM with circle
The TM with circle Tradmarked can be used at anytime in the process it’s a notice of reserving. An R with a circle federal registration symbol can only be used when the intellectual property is actully registered in the government office.
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Definition:
They are used by a manufacturer or seller of an article to inform the public that an application for patent on that article is on file in the U.S. Patent and Trademark Office. The law imposes a fine on those who use these terms falsely to deceive the public.
Trademark
Definition:
A word, slogan, design, picture, or any other symbol used to identify and distinguish goods.Any identifying symbol, including a word, design, or shape of a product or container, that qualifies for legal status.
Trade Dress
Definition:
The totality of elements in which a product or service is packaged or presented, such as the shape and appearance of a product or container, or the cover of a book or magazine.
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