Prior to filing a trademark, there are no legal requirements that a comprehensive search be conducted. In fact, there are many cheap ways to obtain a federally registered trademark including doing it yourself, through a service like LegalZoom, or any number of other law firms that will prosecute trademarks without a search and then upsell…
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…
Copyright protects original works of authorship fixed in a tangible medium of expression and extends to both published and unpublished works. It’s the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same. We have…
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…
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…
As hard as business owners work to keep their brand-defining secrets private, those who want a piece of their success work equally hard to gain access to those secrets. Most states have similar versions of the Uniform Trade Secrets Act which defines what trade secrets are and the charges that can be brought against someone…
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…
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…
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…
Your company’s employee handbook is one of the most important assets surrounding the protection of your intellectual property, primarily because trade secrets are especially vulnerable to employee theft. Because employee theft of intellectual property is costly and sometimes even catastrophic to companies, it is vital that businesses have a plan in place for insider threats.…