IP PROTECTION

FoxFury’s position on Intellectual Property.

The process of creating a successful professional product is lengthy and intense, requiring sophisticated resources as well as heavy investment.   Many revisions are needed to optimize product solutions for unique applications, while maximizing efficiency, ease of use, and reliability.   By the time it is finished, thousands of hours have gone into it, representing tens of thousands of U$Dollars in R&D and Development. Then, the Commercialization phase begins: marketing strategies, materials, collateral, sales training, advertising, samples… Commercialization is four times more expensive than product creation.

 

Intellectual Property protection is the only way to defend the combination of: ideas, inventions, trade secrets, and creative expression from being pirated.   This is needed because opportunists, and outright thieves, will appear on the scene to take advantage of the enormous amount of hard work spent on successful product creation and commercialization performed, and paid for, by someone else.

 

FoxFury protects its Intellectual Property by all legal means and methods available. Among them are: Patents, Trademarks, Copyrights,... In doing so, FoxFury will do its outmost to file notices against any and all pirates, and like individuals and organizations that infringe life, liberty, and the pursuit of property, and do not conform to God given code of ethics and integrity. Prosecution of violators will be enforced to the fullest extent of domestic and foreign laws, through Civil, or Criminal laws whenever possible.

 

Attached are details on Intellectual Property protection achieved for some of FoxFury products.

Feel free to reach out with any questions.

 

For additional details:   https://www.justice.gov/criminal-ccips/file/891011/download

Mario A. Cugini©

CEO

FoxFury, LLC

 

The United States of America Congress has continually expanded and strengthened criminal laws for violations of intellectual property rights to protect innovation, to keep pace with evolving technology and, significantly, to ensure that egregious or persistent intellectual property violations do not merely become a standard cost of doing business for defendants. In most instances, the statutes of limitations for intellectual property crime is five years, but may be extended in some circumstances, such as an ongoing or continuing crime. Although individuals or companies can pursue civil remedies to address violations of their intellectual property rights, criminal sanctions are often warranted to ensure sufficient punishment and deterrence of wrongful activity. Each of our cases will be delivered to the corresponding Jurisdictions were the laws are being violated.

 

Among the most significant criminal provisions are the following:

  • Counterfeit Trademarks: The Trademark Counterfeiting Act, 18 U.S.C. § 2320(b)(1)(A), provides penalties of up to ten years’ imprisonment and a $2 million fine for a defendant who intentionally “traffics in goods or services and knowingly uses a counterfeit mark on or in connection with such goods or services,” or intentionally “traffics in labels, . . . documentation, or packaging . . . knowing that a counterfeit mark has been applied thereto.” Section 2320(b)(3) provides penalties of up to twenty years’ imprisonment and a $5 million fine for a defendant who intentionally traffics in counterfeit drugs or certain counterfeit military goods or services.

 

  • Counterfeit Labeling: The counterfeit labeling provisions of 18 U.S.C. § 2318 prohibit trafficking in counterfeit labels designed to be affixed to movies, music, software, and literary, pictorial, graphic, or sculptural works and works of visual art as well as trafficking in counterfeit documentation or packaging for such works. Violations are punishable by up to five years’ imprisonment and a $250,000 fine.

 

  • Criminal Copyright Infringement: Copyright infringement is a felony punishable by up to three years’ imprisonment and a $250,000 fine under 17 U.S.C. § 506(a) and 18 U.S.C. § 2319 where a defendant willfully reproduces or distributes at least ten copies of one or more copyrighted works with a total retail value of more than $2,500 within a 180-day period. The maximum penalty rises to five years’ imprisonment if the defendant also acted “for purposes of commercial advantage or private financial gain.” Misdemeanor copyright infringement occurs where the value exceeds $1,000 or where the defendant willfully violated any of the exclusive rights “for purposes of commercial advantage or private financial gain.”

 

Here are additional Codes and Processes that apply:

  • Public Notice Protects Due Process Public notices are integral to democratic governance and stem from the right to “due process of law” guaranteed by the federal and state constitutions. Due process of law protects Americans’ rights from arbitrary or wrongful actions.   This concept has two parts: substantive due process and procedural due process. Substantive due process refers to the types of rights that are protected. Procedural due process refers to the means of protecting those rights. Substantive due process ensures that certain basic rights are not violated, while procedural due process may require suitable notice and a hearing before a government or court-appointed body can act in a way that may affect those basic rights.   Public notices play a vital role in both substantive and procedural due process because they provide a window into government actions and also afford notice to citizens of actions about to take place, so they may exercise their constitutional right to be heard. Importantly, notification not only informs the individual or entity most directly affected, but also the general public which has an interest in knowing how public powers are being used.

 

  • Fraud Prevention and Debt Collection Public notices are often used by citizens to monitor their debtors and to eventually collect money owed to them. Public notices designed to alert creditors are notices published on behalf of the estate of a recently deceased person, usually by the executor or administrator of that estate. These notices inform the public and potential creditors of the estate that the remaining assets are being divided up among the creditors and heirs. Failure to make a claim against the estate for any money owed within a certain period of time will result in that claim being barred. Not only does this type of notice allow people to monitor and legally collect any money owed to them, but it also simplifies the probate process by providing certainty and expediency to the decedent’s heirs. Requiring estates to publish notices to creditors enables certain individuals to collect what is rightfully owed.   Further, public notices assist citizens in the collection of debts, and in the prevention of fraud. Many states require residents intending to conduct business as a corporation or other business entity to give notice to the community by publishing notice in the local newspaper. These laws serve to ensure that people doing business locally are not improperly taking advantage of the limited liability aspect of incorporating.

12 CFR § 303.7 - Public notice requirements.

  • 303.7 Public notice requirements.

(a) General. The public must be provided with prior notice of a filing to establish a domestic branch, relocate a domestic branch or the main office, relocate an insured branch of a foreign bank, engage in a merger transaction, initiate a change of control transaction, or request deposit insurance. The public has the right to comment on, or to protest, these types of proposed transactions during the relevant comment period. In order to fully apprise the public of this right, an applicant shall publish a public notice of its filing in a newspaper of general circulation. For specific publication requirements, consult subparts B (Deposit Insurance), C (Branches and Relocations), D (Merger Transactions), E (Change in Bank Control), and J (International Banking) of this part.

(b) Confirmation of publication. The applicant shall mail or otherwise deliver a copy of the newspaper notice to the appropriate FDIC office as part of its filing, or, if a copy is not available at the time of filing, promptly after publication.

 

  • 26 USC Subtitle F, CHAPTER 64, Subchapter D, PART II: LEVY

From Title 26—INTERNAL REVENUE Code Subtitle F—Procedure and Administration CHAPTER 64—COLLECTION Subchapter D—Seizure of Property for Collection of Taxes

 

Sec. 6331. Levy and distraint.

Sec. 6332. Surrender of property subject to levy.

Sec. 6333. Production of books.

Sec. 6334. Property exempt from levy.

Sec. 6335. Sale of seized property.

Sec. 6336. Sale of perishable goods.

Sec. 6337. Redemption of property.

Sec. 6338. Certificate of sale; deed of real property.

Sec. 6339. Legal effect of certificate of sale of personal property and deed of real property.

Sec. 6340. Records of sale.

Sec. 6341. Expense of levy and sale.

Sec. 6342. Application of proceeds of levy.

Sec. 6343. Authority to release levy and return property.

Sec. 6344. Cross references.

Amendments

1998Pub. L. 105–206, title III, §3401(b), July 22, 1998, 112 Stat. 749, added part heading.

1966Pub. L. 89–719, title I, §104(j), Nov. 2, 1966, 80 Stat. 1138, inserted "and return property" in item 6343.

 

  • 6331. Levy and distraint

(a) Authority of Secretary

If any person liable to pay any tax neglects or refuses to pay the same within 10 days after notice and demand, it shall be lawful for the Secretary to collect such tax (and such further sum as shall be sufficient to cover the expenses of the levy) by levy upon all property and rights to property (except such property as is exempt under section 6334) belonging to such person or on which there is a lien provided in this chapter for the payment of such tax. Levy may be made upon the accrued salary or wages of any officer, employee, or elected official, of the United States, the District of Columbia, or any agency or instrumentality of the United States or the District of Columbia, by serving a notice of levy on the employer (as defined in section 3401(d)) of such officer, employee, or elected official. If the Secretary makes a finding that the collection of such tax is in jeopardy, notice and demand for immediate payment of such tax may be made by the Secretary and, upon failure or refusal to pay such tax, collection thereof by levy shall be lawful without regard to the 10-day period provided in this section.

 

(b) Seizure and sale of property

The term "levy" as used in this title includes the power of distraint and seizure by any means. Except as otherwise provided in subsection (e), a levy shall extend only to property possessed and obligations existing at the time thereof. In any case in which the Secretary may levy upon property or rights to property, he may seize and sell such property or rights to property (whether real or personal, tangible, or intangible).

(c) Successive seizures

Whenever any property or right to property upon which levy has been made by virtue of subsection (a) is not sufficient to satisfy the claim of the United States for which levy is made, the Secretary may, thereafter, and as often as may be necessary, proceed to levy in like manner upon any other property liable to levy of the person against whom such claim exists, until the amount due from him, together with all expenses, is fully paid.

(d) Requirement of notice before levy

 

(1) In general

Levy may be made under subsection (a) upon the salary or wages or other property of any person with respect to any unpaid tax only after the Secretary has notified such person in writing of his intention to make such levy.

(2) 30-day requirement

The notice required under paragraph (1) shall be—

(A) given in person,

(B) left at the dwelling or usual place of business of such person, or

(C) sent by certified or registered mail to such persons’ last known address,

no less than 30 days before the day of the levy.

(3) Jeopardy

Paragraph (1) shall not apply to a levy if the Secretary has made a finding under the last sentence of subsection (a) that the collection of tax is in jeopardy.

... When aid to construction of the meaning of words, as used in the statute, is available, there certainly can be no "rule of law" which forbids its use, however clear the words may appear on "superficial examination" ....

[United States v. American Trucking Association]

[310 U.S. 534, 543,544 (1939)]

  • In addition to these codes, we can also invoke Admiralty Law / Maritime Law.

It offers compensation for piracy. When using the seas for transporting copied products, piracy applies. https://unctad.org/system/files/official-document/dtltlb2013d3_en.pdf  as well as United Nations UNCLOS, articles 100 to 107, and 110 https://www.un.org/Depts/los/piracy/piracy.htm

 

The LAW MERCHANT is a system that developed in Europe during the Middle Ages and regulated the dealings of mariners and merchants in all the commercial countries of the world until the 17th century. Many of the law merchant principles came to ne incorporated into the common law, which in turn formed the basis of the Uniform Commercial Code. – Also termed commercial law, lex mercatoria. Black’s 7th.

 

Law of Nations is a systems of rules and principles established among nations and intended for the regulation of their mutual intercourse or otherwise called “international law” Black’s 1st

Due to the fraudulent nature (without full disclosure and subject to Common Law, UCC Law and Law of Nations, where legally and constitutionally applicable) of the past collection of "Alleged debt". In addition, Supreme Court case law provides for 4 times the defrauded amount for Compensatory Damages, PLUS 200 times that total amount as Punitive Damages:

CLEOPATRA HASLIP et al.

v.

PACIFIC MUTUAL LIFE INSURANCE, INC.

 

499 U.S.1, 113 Fed 2d 1, 111 sct 1032 (no. 89-1279)
For Conversion: 4 times for Compensatory Damages
200 times for Punitive Damages

We are seeking to protect these inalienable rights under authority of, but not limited to, the organic Constitution of the 50-sovereign state, the California nation/state Constitution, court case law, Law of Nations, Common Law, all supported by the authority of God Himself.

COURTS

There are no Judicial courts in America and there has not been since A. D. 1789. Judicial Branch Judges do not enforce Statutes and Codes. Executive Administrators enforce Statutes and Codes. There have not been any Judges in America since 1789. There have just been Administrators. (FRC v. G.E., 281 U.S. 464; Keller v. PE. 261 U.S. 428; 1 Stat. 138-178

"Common Law” as distinguished from statutory law created by the enactment of legislatures, the common law derives their authority solely from the usages and customs of immemorial antiquity, OR from the judgments and decrees of the courts recognizing, affirming, and enforcing such usages and customs. The "common law" is all the statutory and case law background of England and the American colonies before the American Revolution. It consists of those principles, usages and rules of action applicable to government and security of persons and property which do not rest for their authority upon any express and positive declaration of the will of the legislature." Blacks Law Dictionary.

 

Regards,

Secured Party

Mario A. Cugini©

 

 

COPYRIGHT PRODUCTS