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…
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…
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…
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…
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.…
Canada hasn’t revised its trademark laws since 1952, but this year, new Canadian laws will go into effect that will not only address changes in technology and the trademark needs that come with those advancements, but also will make Canada’s trademark laws more globally compatible. Most importantly, Canada will now utilize the Madrid Protocol, a…
Whether you decide to go into business with your best friend or a complete stranger, albeit one with the right talents to take your business to the next level, it’s important to hammer out a great agreement between the parties before launching the business. All other things being equal, we suggest any partnership be structured…