Work for hire: You want your new logo to be Yours, not theirs

Posted Posted in Trademark

Copyright protects original works of art.  Logos generally are copyrightable if they are original.  Companies can register copyright with the US Copyright Office and armed with the registration certificate can enforce against infringement. Almost all of my clients (and us) use outside designers to create our logos and other marketing collateral.  Although I personally have…

working creatively with ermerge counsel

Copyright

Posted Posted in Intellectual property, Uncategorized

Copyright protects “original” work of authorship that are “fixed” in a tangible medium of expression.  It includes literary, musical, and dramatic works; photographs; graphics; audio and visual recordings; software; and other creative works.  Copyright derives from the United States Constitution and codified by federal statute.   Copyrights can be protected and enforceable in many foreign…

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POST COVID-19 BLOG SERIES: IP For Entrepreneurs

Posted Posted in Intellectual property, Small business growth

Everyone has been affected by COVID-19 including us. I took some time to think over what advice to provide my clients and friends Post COVID-19 and realized it hasn’t changed much. If you run or manage an emerging business, the world has definitely changed, but effective legal strategies haven’t. I digress: Entrepreneurs generally never had…

Can You Trademark a 3-D Shape?

Posted Posted in Intellectual property, Trademark, Uncategorized

Trademark law is an extremely complicated topic for business owners, but it’s also one of the most essential parts of protecting your business branding efforts and your intellectual property. Trademarking your name or logo ensures that consumers aren’t confused by deceivingly similar designs, allowing you to safeguard your brand and image. However, one issue continues…

How “Literal Meaning” Can Impact Your Trademark Application

Posted Posted in Intellectual property, Trademark, Uncategorized

If you’re trying to set your business apart from its competitors and prevent other companies from using phrases or symbols that define your company, a federal trademark could be a viable solution. The United States Patent and Trademark Office maintains a database of existing trademarks to ensure that parties don’t apply for already-trademarked slogans. Before…

COUNTERFEITS, KNOCKOFFS AND WHY WE ARE MEMBERS OF INTA

Posted Posted in Intellectual property, Uncategorized

The International Trademark Association (“INTA”) is the worldwide trademark association who has been instrumental in framing how every country in the world communicates on trademarks, infringement and brand enforcement. As members, we attend the Annual Conference which brings together 11,000 trademark attorneys from all over the world. Lately, a hot topic has been how to…

How Amazon Is Fighting Back Against Counterfeiters

Posted Posted in Uncategorized

As most everyone knows Amazon is an online place to sell everything from cosmetics to furniture to handbags. Because of its sheer size, the company has had trouble preventing foreign companies from creating counterfeit products that duplicate someone else’s hard-earned brands. Counterfeit products are especially problematic because the general public believes they are made by…

The Advantages and Disadvantages of Organizing Your Business as an LLC

Posted Posted in Business entity, Uncategorized

A limited liability company (LLC) is generally a low-cost structure many entrepreneurs utilize in an attempt to limit financial and tort liability, and assure that any problems that arise business remain company concerns, not personal ones. It’s important to understand that even the smallest of businesses have the potential to be the target of a…