Saturday, September 14, 2013

Final Project : 10 Questions On Legal Problems

Final Project: The Questions 

 


1. I plan on opening my own luxury boutique in the future. To increase the luxurious experience of the place I'd like to serve Champagne to clients and guests. I've considered a bar with a bar tender, or maybe an exclusive room, etc. I know that many luxury retailers in Las Vegas (Louis Vuitton, Michael Kors, etc.) are able to bend the rules and serve alcohol at events or for VIPs. However, I also know the law will make this idea nearly impossible. Do you have any information regarding the laws behind alcohol licenses for a situation like mine?


2. I see many clothing companies use quotes or logos from other brands. For instance: coca cola, mountain dew, Disney movies, Dr.Suess books, and many more. How can brands get away with using logos and pictures that aren't their own?


3. As a model working under an agency, it is very important to have a contract to ensure that both parties hold up their end of the deal. What should be done in a situation where the agency doesn't pay the model? Especially if the expected amount of payment is under $500.


4. If I model in an unpaid photo shoot for a business, and they use my pictures in their advertising without my documented consent, could I sue the company for my share of the profit they are making by using my photos?


5. On average, how much does it cost to patent an idea?


6. How are music artists aloud to make covers of songs that aren't their own song?


7. What's the difference between a trademark and patent?


8. Merchandise for my boutique is being sent by the manufacturer and is lost or damaged in the process. Who is responsible? If my shipment was uninsured, will I have any chance of being reimbursed for the mistake?


9. To what extent am I aloud to alter and change a contract?


10. From a lawyer standpoint, do you have any advice for me starting my own business?


Each of these questions apply to me in some way shape or form. Because I am not quite sure what career I want, I asked different questions based on all the different things I might choose to do in the future. I asked about laws for owning a business because I might choose to open my own boutique one day. I asked questions regarding modeling since I currently do many modeling gigs at this time in my life. I asked about trademarks and patents just in case I ever come up with a great idea or invention that I want to patent. I asked about retail laws because I've considered starting my own clothing line. Finally, I asked about music covers because I have also considered taking a completely different route and entering the music industry. I was curious about music covers because I hear many artists recording songs that have been done originally by artists in the past. If I ever did create a song cover, I would want to be sure I wouldn't get in any legal trouble.

Friday, September 13, 2013

Final Project : Authority From Lawyer


Objectives: The student will be able to identify some issues presented in the class and discuss how laws affect these problem
Resources Needed: A local judge or lawyer
Step-by-Step Instructions:
This assignment would be most effective as an introductory project.  Don’t be afraid to say you are doing this for a school project. Every legal professional went through this process to get his or her degree. It may take a number of phone calls to get someone to help you. This project will have to be worked on outside school time.
1.     The student will compose a minimum of 10 questions on legal problems in society that are of interest to him/her.
2.     The student will then contact a local judge or lawyer; ask permission to record responses, and using the questions conduct an interview.
3.     Findings should be reported using your blog in a similar format as shown on the following page.
4.     Findings will be shared and discussed in class.
5.     The student will be evaluated on the written findings as posted to your blog. Follow the directions carefully.
Your blog posts are about 300 words. Some will be longer and some will be shorter. Your total project is about 1,500 words. It will be make up of quotes from each chapter or at least 20 quotes. A quote is lifted directly from the book. It is about 25 words (more or less). "It opens and ends with quotation marks and is followed by the source." In our case, it is the book, the author and the page where the quote was found. It should be within the narrative, not at the end. Your paper will read like a conventional narrative. It is not to be dot points or sentence fragments. Your quotes should be incorporated into the narrative. They will also stand out because they will be in a different color text than the rest of the blog






11.How I made contact, found this person and why they are a good choice.


Law is powerful, essential, and fascinating. 
 (Beatty 3)

Beatty, Jeffrey F.,  Susan S. Samuelson. Cengage Advantage Books: Introduction to Business Law, 4th Edition. Cengage Learning, 2012-01-11. <vbk:9781285810416#outline(1)>.
We may not always like the way our legal system works, but we depend on it to keep our society functioning.
 (Beatty 4)
Beatty, Jeffrey F.,  Susan S. Samuelson. Cengage Advantage Books: Introduction to Business Law, 4th Edition. Cengage Learning, 2012-01-11. <vbk:9781285810416#outline(1.1.2)>.
Law is different from morality, yet the two are obviously linked. There are many instances when the law duplicates what all of us would regard as a moral position.
 (Beatty 7)
Beatty, Jeffrey F.,  Susan S. Samuelson. Cengage Advantage Books: Introduction to Business Law, 4th Edition. Cengage Learning, 2012-01-11. <vbk:9781285810416#outline(1.3.2)>.
We depend upon the law to give us a stable nation and economy, a fair society, a safe place to live and work. But while law is a vital tool for crafting the society we want, there are no easy answers about how to create it. In a democracy, we all participate in the crafting. Legal rules control us, yet we create them. A working knowledge of the law can help build a successful career—and a solid democracy.
 (Beatty 11-12)
Beatty, Jeffrey F.,  Susan S. Samuelson. Cengage Advantage Books: Introduction to Business Law, 4th Edition. Cengage Learning, 2012-01-11. <vbk:9781285810416#outline(1.5)>.

WEEK 10 EOC: Lawyer Jokes

Lawyer Jokes 






Literary Lawyer Putdowns
The Penalty for laughing in court is six months in jail; if it were not for this penalty, the jury would never hear the evidence.

- H. L. Mencken


Lawyers occasionally stumble over the truth, but most of them pick themselves up and hurry off as if nothing had happened.

- Winston Churchill


Lorenzo Dow, a 19th century evangelist, was on a preaching tour when he came to a small town one cold winter night. At the local general store he saw the town's lawyers gathered around the potbellied stove.
Dow told the men about a recent vision in which he had been given a tour of hell, much like the traveler in Dante's Inferno. One of the lawyers asked what he had seen.
"Very much what I see here," Dow said. "All of the lawyers gathered in the hottest place."


Sometimes a man who deserves to be looked down upon because he is a fool is despised only because he is a lawyer. -- Montesquieu
Lawyers are like rhinoceroses: thick skinned, short-sighted, and always ready to charge.

- David Mellor (b. 1949), British Conservative politician


A fox may steal your hens, Sir,
A whore your health and pence, Sir,
Your daughter rob your chest, Sir,
Your wife may steal your rest, Sir,
A thief your goods and plate.
But this is all but picking,
With rest, pence, chest and chicken;
It ever was decreed, Sir,
If lawyer's hand is fee'd, Sir,
He steals your whole estate.


- John Gay (1685-1732), English dramatist. Peachum, in The Beggar's Opera, act 1, sc. 9, Air 11.


I would be loath to speak ill of any person who I do not know deserves it, but I am afraid he is an attorney.

- Samuel Johnson (1709-84), English author, lexicographer.


A Dublin lawyer died in poverty and many barristers of the city subscribed to a fund for his funeral. The Lord Chief Justice of Orbury was asked to donate a shilling. "Only a shilling?" said the Justice, "Only a shilling to bury an attorney? Here's a guinea; go and bury 20 more of them."


"How can I ever thank you?" gushed a woman to Clarence Darrow, after he had solved her legal troubles. "My dear woman," Darrow replied, "ever since the Phoenicians invented money there has been only one answer to that question."


A Lawyer and a wagon wheel must be well greased.

  • - Sarte
Please, no more...


Story Jokes

A lawyer boarded an airplane in New Orleans with a box of frozen crabs and asked a blonde stewardess to take care of them for him.

She took the box and promised to put it in the crew's refrigerator. He advised her that he was holding her personally responsible for them staying frozen, mentioning in a very haughty manner that he was a lawyer, and proceeded to rant at her about what would happen if she let them thaw out.

Needless to say, she was annoyed by his behavior. Shortly before landing in New York, she used the intercom to announce to the entire cabin, "Would the lawyer who gave me the crabs in New Orleans, please raise your hand."

Not one hand went up . . . . so she took them home and ate them.

- Contributed by Bob Dittrick


An elderly spinster called the lawyer's office and told the receptionist she wanted to see the lawyer about having a will
prepared. The receptionist suggested they set up an appointment for a convenient time for the spinster to come into the office.
The woman replied, "You must understand, I've lived alone all my life, I rarely see anyone, and I don't like to go out. Would it be possible for the lawyer to come to my house?"
The receptionist checked with the attorney who agreed and he went to the spinster's home for the meeting to discuss her estate
and the will. The lawyer's first question was, "Would you please tell me what you have in assets and how you'd like them to be distributed under your will?"
She replied, "Besides the furniture and accessories you see here, I have $400,000 in my savings account at the bank."
"Tell me," the lawyer asked, "how would you like the $400,000 to be distributed?"
The spinster said, "Well, as I've told you, I've lived a reclusive life, people have hardly ever noticed me, so I'd like them to
notice when I pass on. I'd like to provide $350,000 for my funeral."
The lawyer remarked, "Well, for $350,000 you will be able to have a funeral that will certainly be noticed and will leave a lasting
impression on anyone who may not have taken much note of you! But tell me," he continued, "what would you like to do with the remaining $50,000?"
The spinster replied, "As you know, I've never married, I've lived alone almost my entire life, and in fact I've never slept
with a man. Before I die, I'd like you to use the $50,000 to arrange for a man to sleep with me."
"This is a very unusual request," the lawyer said, adding, "but I'll see what I can do to arrange it and get back to you." That
evening, the lawyer was at home telling his wife about the eccentric spinster and her weird request. After thinking about how much she could do around the house with $50,000, and with a bit of coaxing, she got her husband to agree to provide the service himself.
She said, "I'll drive you over tomorrow morning, and wait in the car until you're finished." The next morning, she drove him to the spinster's house and waited while he went into the house. She waited for over an hour, but her husband didn't come out. So she blew the car horn.
Shortly, the upstairs bedroom window opened, the lawyer stuck his head out and yelled, "Pick me up tomorrow! She's going to
let the County bury her!"


- Contributed by Ray Martinez


A lawyer and a blonde are sitting next to each other on a long flight from LA to NY. The lawyer leans over to her and asks if she would like to play a fun game. The blonde is tired and just wants to take a nap, so she politely declines and rolls over to the window to catch a few winks. The lawyer persists, saying that the game is really easy and a lot of fun. He explains how the game works: "I ask you a question, and if you don't know the answer, you pay me, and visa-versa." Again, she politely declines and tries to get some sleep. The chauvinistic lawyer figures that since his opponent is a blonde he will easily win the match, so he makes another offer:
"Okay, how about this "If you don't know the answer you pay me only $5, but if I don't know the answer, I will pay you $50." This catches the blonde's attention and, figuring that there will be no end to this torment unless she plays, she agrees to play the game. The lawyer asks the first question. "What's the distance from the earth to the moon?" The blonde doesn't say a word, reaches in to her purse, pulls out a five-dollar bill, and hands it to the lawyer. Now, it's the blonde's turn. She asks the lawyer, "What goes up a hill with three legs, and comes down with four?"
The lawyer looks at her with a puzzled look. He takes out his laptop computer and searches all his references. He taps into the Airphone with his modem and searches the Net and even the Library of Congress. Frustrated, he sends E-mails to all his coworkers and friends he knows. All to no avail. After over an hour, of searching for the answer he finally gives up. He wakes the blonde and hands her $50.
The blonde politely takes the $50 and turns away to get back to sleep. The lawyer, who is more than a little frustrated, wakes the blonde and asks, "Well, so what IS the answer?" Again without a word, the blonde reaches into her purse, hands the lawyer $5, and goes back to sleep.

- Contributed by Tom Gaffney


The Madam opened the brothel door to see a frail, elderly gentleman. "Can I help you?" the madam asked.
"I want Natalie," the old man replied.
"Sir, Natalie is one of our most expensive ladies, perhaps someone else..."
"No, I must see Natalie." Just then Natalie appeared and announced to the old man that she charges $1,000 per visit. Without blinking, the man reached into his pocket and handed her ten $100 bills. The two went up to a room for an hour, whereupon the man calmly left.
The next night he appeared again demanding to see Natalie. Natalie explained that no one had ever come back two nights in a row and that there were no discounts...it was still $1,000 a visit. Again the old man took out the money, the two went up to the room and an hour later, he left.
When he showed up the third consecutive night, no one could believe it. Again he handed Natalie the money and up to the room they went. At the end of the hour Natalie questioned the old man: "No one has ever used my services three nights in a row. Where are you from?"
The old man replied, "I'm from Philadelphia."
"Really?" replied Natalie. "I have family who lives there."
"Yes, I know," said the old man. "Your father died, and I'm your sister's attorney. She asked me to give this $3,000 to you."


Taking his seat in his chambers, the judge faced the opposing lawyers.
"So," he said, "I have been presented, by both of you, with a bribe."
Both lawyers squirmed uncomfortably. "You, attorney Leon, gave me $15,000. And you, attorney Campos, gave me $10,000."
The judge reached into his pocket and pulled out a check. He handed it to Leon. "Now then, I'm returning $5,000, and we're going to decide this case solely on its merits!"


Judge Bean and Lawyer Bilgeworth were riding horses. They cam upon an open stretch of country and noticed a hangman's noose dangling from a tree, solemnly waving in the breeze.
"Bilgeworth," said Judge Bean, "if that gallows had its due, where do you suppose you'd be?"
The lawyer looked at the noose. "Riding alone," he said.


The funeral procession included two hearses and a man walking a dog. Several hundred people followed the man.
Curious, a pedestrian approached the man. "The first hearse carries my ex-wife's lawyer," the man explained. "My dog bit him and he died two days later. The second hearse has a lawyer who opposed me in some business litigation. He met the same fate."

The pedestrian thought for a moment, then asked, "Could I borrow your dog.?"
"Okay be me, but you're going to have to wait your turn like these other people."


A lawyer went duck hunting for the first time in Texas. He shot and dropped a bird, but it fell into a farmer's field on the other side of the fence. As the lawyer climbed over the fence, an elderly farmer drove up on his tractor and asked him what he was doing.
The litigator responded, "I shot a duck, it fell into this field, and now I'm going to retrieve it."
The old farmer replied, "This is my property and you are not coming over here."
The indignant lawyer said, "I am one of the best trial attorneys in the U.S. and if you don't let me get that duck, I'll sue you and take everything you own."
The old farmer smiled and said, "Apparently, you don't know how we do things in Texas. We settle small disagreements like this with the Texas Three-Kick Rule."
The lawyer asked, "What is the Texas Three-Kick Rule?"
The Farmer replied, "Well, first I kick you three times and then you kick me three times, and so on, back and forth, until someone gives up." The attorney quickly thought about the proposed contest and decided that he could easily take the old codger. He agreed to abide by the local custom.
The old farmer slowly climbed down from the tractor and walked up to the city feller. His first kick planted the toe of his heavy work boot into the lawyer's groin and dropped him to his knees. His second kick nearly wiped the man's nose off his face. The barrister was flat on his belly when the farmer's third kick to a kidney nearly caused him to give up.
The lawyer summoned every bit of his will and managed to get to his feet and said, "Okay, you old coot! Now, it's my turn!"
The old farmer smiled and said, "No, I give up. You can have the duck."



There was a young couple very much in love. On the night before they were to be married, both were killed in an automobile accident. They found themselves at the pearly gates of heaven being escorted in by St. Peter. After a couple of weeks in heaven, the prospective groom took St. Peter aside and said, "St. Peter, my fiancee and I are very happy to be in heaven, but we miss very much the opportunity to have our wedding vows celebrated. Is it possible for people in heaven to get married?"
St. Peter looked at him and said, "I'm sorry, I've never heard of anyone in heaven wanting to get married. I'm afraid you'll have to talk to the Lord God Almighty about that. I can get you an appointment in two weeks from Wednesday."
Come the appointed day, the couple was escorted by the guardian angels into the presence of the Lord God Almighty, where they repeated the request. The Lord looked at them solemnly and said, "I tell you what; wait a year and if you still want to get married, come back and we will talk about it again."
A year went by and the couple, still very much wanting to get married, came back. Again, the Lord God Almighty said, "I'm sorry to disappoint you but you must wait another year, and then I will consider your request."
This happened year after year, for ten years. Each time they reasserted their yearning to be married; each time God put them off for another year. In the tenth year, they came before they Lord God Almighty to ask again. This time the Lord answered, "Yes, you may marry! This Saturday at 2:00 p.m. We will have a beautiful ceremony in the main chapel. The reception will be on me!"
The wedding went off without a hitch. The bride looked beautiful. The Buddha did the flower arrangements for which Moses wove simple yet elegant baskets. Jesus prepared the fish course. All of heaven's denizens attended, and a good time was had by all.
Tragically, but perhaps inevitably, within a few weeks, the newlyweds realized that they had made a horrible mistake. They simply couldn't stay married to one another. So they made another appointment to see the Lord God Almighty. Groveling and frightened, they asked if they could get a divorce.
The Lord heard their request, looked at them, and said, "Look, it took us TEN YEARS to find a priest up here in heaven. Do you have any idea how long it'll take us to find a lawyer?"



The District Attorney was approaching the Suwanee River when he noticed a sign, "Caribbean Cruise--$99.00". He stopped and bought a ticket, whereupon the salesman hit him on the head, wrapped him in a rug and threw him in the river.
The Public Defender noticed the same sign. He too bought a ticket, got hit on the head, wrapped in a rug and tossed in the river.
The Public Defender awoke and called out to the State's Attorney, "Do they serve drinks on this cruise?"
The District Attorney replied, "They didn't last year!"



NASA was interviewing professionals to be sent to Mars. Only one could go and couldn’t return to Earth.
The first applicant, an engineer, was asked how much he wanted to be paid for going. “A million dollars,” he answered, “because I want to donate it to M.I.T.”
The next applicant, a doctor, was asked the same question. He asked for $2 million. “I want to give a million to my family,” he explained, “and leave the other million for the advancement of medical research.”
The last applicant was a lawyer. When asked how much money he wanted, he whispered in the interviewer’s ear, “Three million dollars.”
“Why so much more than the others?” asked the interviewer.
The lawyer replied, “If you give me $3 million, I’ll give you $1 million, I’ll keep $1 million, and we’ll send the engineer to Mars.”



A man walks into a bar. He sees a beautiful, well-dressed woman sitting on a bar stool alone. He walks up to her and says, "Hi there, how's it going tonight?"
She turns to him, looks him straight in the eyes and says, "I'll screw anybody any time, any where, any place, it doesn't matter to me."
The guy raises his eyebrows and says, "No kidding? What law firm do you work for?"



Two physicians boarded a flight out of Seattle. One sat in the window seat, the other sat in the middle seat. Just before takeoff, an attorney got on and took the aisle seat next to the two physicians.
The attorney kicked off his shoes, wiggled his toes and was settling in when the physician in the window seat said," I think I'll get up and get a coke."
"No problem," said the attorney, "I'll get it for you."
While he was gone, one of the physicians picked up the attorney's shoe and spat in it.
When he returned with the coke, the other physician said, "That looks good, I think I'll have one too."
Again, the attorney obligingly went to fetch it and while he was gone, the other physician picked up the other shoe and spat in it. The attorney returned and they all sat back and enjoyed the flight. As the plane was landing, the attorney slipped his feet into his shoes and knew immediately what had happened.
"How long must this go on?" he asked. "This fighting between our professions? This hatred? This animosity? This spitting in shoes and pissing in cokes?"



A farmhand consulted a lawyer. He had long tended the late farmer's cows, and believed they would his when the farmer died. Now the farmer's son claimed ownership.
"I'll take your case," said the lawyer, "Don't worry about the cows."
The next day the farmer's son came in. The cows were raised on his land, he said, they should be his.
"I'll take your case," said the lawyer, "Don't worry about the cows."
Later, his secretary asked, "How can the cows belong to both?"
"Don't worry about the cows," the lawyer said. "The cows will be ours.






Source:
1.http://www.ahajokes.com/lawyer_jokes.html
2. http://www.languageandlaw.org/JOKES.HTM
3. http://www.swapmeetdave.com/Humor/Lawyer.htm


Friday, September 6, 2013

WEEK 9 EOC: Wall Street Journal Editorial Opinion

Wall Street Journal !




Marijuana is getting legal in different states. There are four states are legal for smoking marijuana and a lot of people out of those legal states still smoke it even it is illegal.  "Mr. Obama could lead that debate, or at least offer his view, but he knows that the politics of drug legalization is still tricky and there could be a backlash in states with hot Senate races next year. Yet he also doesn't want to offend his pot-loving liberal base. So his political default is simply to declare he won't enforce current federal law"

After all I don't really know what is going on with the marijuana low in this country and don't really know anything about it because where I come from we don't have marijuana and people don't really know about it. I think that marijuana should be legal in this country the reason is I think making it legal like cigarettes is better because people won't have to worry about spending too much money purchasing them and also worrying about smoking it or worrying about getting caught by the cops. 
Legalizing marijuana is just better for this country. But at the same time there are so much more other opinions and of course people who don't smoke or know about marijuana would probably say no because it is bad for your health and so on. But I should say we should look in to the studies about it and how it could benefit people I believe people would have a different mind of marijuana.
"All states are explicitly barred from regulating the possession, use, distribution and sale of pot and narcotics under the federal Controlled Substances Act of 1970. Like it or not, Congress declared marijuana to be a dangerous drug that should be banned." 


At the end, my opinion about marijuana being legal or not ? I think yes I do have something to say and that is it should be legal. Stop seeing people getting into trouble just because of smoking some herbs like cigarettes. "Don't be surprised if millions of Americans begin to follow the President's example and conclude that they also don't have to follow laws they don't like—and not merely smoking reefer on the front porch."  I believer that a lot of people that smokes weed are not bad people. They just like the feeling of getting really relax and high. I don't think that's anything wrong or against the low of being relax right ? So why not make it legal and have it in stores and have people smoke it anywhere and anytime they want ? We should think about it. 



Source:
1.http://online.wsj.com/article/SB10001424127887324564704578629871926814156.html
2. http://online.wsj.com/article/SB10001424127887324463604579043023597697440.html
3. http://www.eastbayexpress.com/LegalizationNation/archives/2013/09/05/wall-street-journals-official-marijuana-legalization-op-ed-sad-embarrassing

Friday, August 23, 2013

WEEK 7 EOC Progress Towards Finding A Lawyer

Finding A Lawyer


Before starting with this assignment, I was thinking who am I going to ask and who do I know that is a lawyer ?  I didn't really want to just call anyone here because I don't really like that so I figure that I could call home and ask my mom. She told me I could ask one of their friend, so I remember this guy that would always come to our house and visit my parents. That's when I remember that he is the same lawyer that helped my parents with their business and is the lawyer consultant for my parents, too. He is a really good lawyer and a really nice friendly guy and a good friend of my parents. I guess this just make my finals easier then :)

The lawyer's name is ________ and lives here in Pingtung Country, Taiwan . He attended school at Ping Tung National University and is now a successful lawyer here in the Country and City in Pintung. I am interested about this because it makes me easier to understand law better if it's someone that I know. I can ask all kinds of questions and don't have to be worry about being awkward and so on. After talking to him and asking him some questions about the law and so on. I realize how law is amazing actually that's what keeps us organize I should say.


Friday, August 16, 2013

WEEK 6 EOC Illegal Trade

Illegal Trad ? 



There are thousands of illegal trad in this world. As coming from my own knowledge, I know there are animal wild life illegal trad and also human illegal trade. A lot of these trad are coming from poor country.  But more over,  I want to say is that illegal trade is crazy, it's a messy situation to handle. 

Each year, hundreds of millions of plants and animals are caught or harvested from the wild and then sold as food, pets, ornamental plants, leather, tourist curios, and medicine. While a great deal of this trade is legal and is not harming wild populations, a worryingly large proportion is illegal — and threatens the survival of many endangered species. With over exploitation being the second-largest direct threat to many species after habitat loss, WWF addresses illegal and unsustainable wildlife trade as a priority issue.
Second-biggest direct threat to species after habitat desturction. 
What is wildlife trade ? Whenever people sell or exchange wild animal and plant resources, this is wildlife trade. It can involve live animals and plants or all kinds of wild animal and plant products Wildlife trade is easiest to track when it is from one country to another because it must be checked, and ofter recorded at customs checkpoints. 

Understanding this is important. More over knowing why is the main goal. Why do people trade wildlife ? People trade wildlife for cash or exchange it for other useful objects for example, utensils in exchange for wild animals skins. Driving the trade is the end consumer who has a need or desire for wildlife products, whether for food, construction or clothing. 

Source: 

1. http://www.fws.gov/international/travel-and-trade/illegal-wildlife-trade.html
2. http://www.theguardian.com/environment/blog+illegal-wildlife-trade
3. http://www.traffic.org/trade/


Friday, August 9, 2013

WEEK 5 EOC: Apple VS Samsung Battle


People all over the globe know those two big brand, Apple and Samsung. They are two strong brand on this planet ! Good quality and value in both brand. They've been competing with each other for a long time. Personally, I think there's never a win or lose.

Apple doesn't want Samsung or any other companies stealing their innovative ideas. "The ITC on Friday ruled that Samsung violated Apple's patent that covers swiping your finger across the display of a device. Because Apple invented swiping, right?" It's hard for companies to keep up with Apple, because they are constantly coming up with new ideas. Companies like Samsung need to learn how to think more outside of the box. 

"Not many users switch from Apple to Samsung at only 11%. This is critical to Apple’s long-term survival since Apple users are sticking with iOS and not defecting to Samsung, the biggest Android player by far." So far, Apple seems to always "win" in these battles. Their brand continues to be favored amongst most consumers. It'll be a surprising day if Samsung ever comes up with an idea that Apple wants to steal. 
 
The battle between Samsung and Apple seems to be never ending. Many people think the whole controversy is very immature and unethical. I guess I'd say I agree. However, I have to take a moment and put myself in the shoes of each company. It would be extremely annoying and stressful if another business wanted to steal my idea. "The Apple v. Samsung saga began in April 2011, when Apple (AAPL, Fortune 500) accused Samsung of "slavishly" copying the iPhone and iPad. Samsung replied by counter-suing Apple, accusing the Cupertino company of infringing on its software patents."
 
Source: