Trademarks Containing Generic Words Can Be Registered
On Tuesday June 30, 2020, the Supreme Court approved the trademark registration of “Booking.com” (Opinion of the Court), a generic term which was ineligible for trademark protection in the past. Booking.com had filed to register its domain name at the US Patent and Trademark Office. The office initially denied the registration, arguing that generic names […]
When Do Small Business Owners Need to Lawyer-up and Why You Need an Attorney too
If you’re thinking about starting a small business, or perhaps you’re already the owner of one, hiring an attorney may not have crossed your mind. Perhaps you’re worried about the stereotype of how expensive attorneys can be, or maybe you’re a capable do-it-yourself person who doesn’t need help. Either way, this article will give a […]
Instagram and Fair Use
In my last blog I talked a little about copyrights and the First Sale Doctrine. In this blog, I’d like to go back to Copyrights to discuss Copyright law and the Fair Use Doctrine. Here is the situation: Instagram, with over 1 billion monthly uses, has become a common place for individuals and companies to […]
Copyright and the First Sale Doctrine
With the explosion of the Internet and the different media outlets, such as Twitter, Instagram, Facebook, Youtube, Tik-Tok, just to name a few, the issues surrounding copyright ownership and rights have come to the forefront. But these also only reflect long time issues regarding copyright ownership. One such issue is what the doctrine of First […]
How Can I Lock In My Business Name So That No One Else Can Use It?
A “Mompreneur”, a mom who is also an entrepreneur, recently asked how she can lock in her business name so that no one else can use it. She is in the early stages of starting her business and isn’t ready to have a sign on the door or even a website. She had many, many […]
Are SEO Citations a Violation of Intellectual Property?
An SEO citation is a reference to any business within a website or blog. It typically includes the business’s name, address, and phone number. Although citations help users find local businesses and can positively impact search engine ranking, SEO citations on a national scale are virtually useless. Google, however, uses citations to confirm the legitimacy […]
Why even worry about your Intellectual Property?
Risk of loss There is always the risk you will lose the rights to your creations. With patents, your invention can become a public invention with no exclusive usage rights. With trademarks, your mark can become generic. In fact, “Google” might lose its trademark because they argue that the verb, “to google something”, is now […]
The Importance of Protecting your Intellectual Property
Intellectual property refers to creations of the intellect for which a monopoly is assigned to designated owners by law. Intellectual property rights are the rights granted to the creators of Intellectual property and include: trademarks, copyright, patents, industrial design rights, and in some jurisdictions trade secrets. Artistic works including music and literature, as well as […]
What is a Copyright?
Definition of a Copyright Copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship”, including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives […]
What is a Trademark?
Definition of a Trademark The term “trademark” includes any word, name, symbol, or device, or any combination of the above that is used by a person, or which a person has a true intention of using in commerce and applies to register on the principal registry established by this chapter (15 USC, Section 1127) Legal […]
What is a Patent?
Definition of a Patent “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.” – 35 USC, Section 101 Definition of an Inventor “The term “inventor” means the individual […]
What is Intellectual Property (IP)?
Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols: names, images, and designs used in commerce. IP is divided into two categories: Industrial property, which includes… inventions (patents), trademarks, industrial designs, and geographic indications of source; Copyright, which includes… literary and artistic works, such as novels, poems, plays, […]
Small Business Owners: Trademark Your Brand and Grow Your Business
Our intellectual property attorney, A. Justin Lum, was interviewed by Steve Thompson, writer of 245 Days to Go, a blog for small business and startup entrepreneurs and Contented Writing. One of the biggest issues for a startup business is protecting your ideas. Every startup is built on the solid foundation of an idea and the […]
Intellectual Property in Clothing design, manufacturing, and retail
Do you or your company make designs that are used in fabrics for sale to companies that export to the United States either fabric, or finished clothing companies in the United States? Or are you a buyer of designs made by people outside the U.S.? What you may not realize is that there may be […]
Intellectual Property Rights – What’s Mine Is Mine
It’s been stated that “good artists borrow and great artists steal”. Whether or not that’s true is irrelevant but what is relevant is that if you’ve invented or created something, it’s yours. Even if others disagree, you’re protected under the legal statutes of intellectual property rights. However, creative ideas, no matter how original, are intangible […]
