Trademarks Containing Generic Words Can Be Registered

By Lum Law Group 0

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 are not eligible for trademark protection. Booking.com’s victory on Tuesday means the trademarks containing generic words can be registered in the future.

Considering trademarking a generic term for your business?

Contact us at 626-795-8886. Our attorney A. Justin Lum, Esq will help you.

when small business owners need to lawyer up

By Jessica Suotmaa 0

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 brief introduction on when and why small business owners may want to hire a lawyer.

1. Forming a Company

When thinking about forming a company, the best time to consult an attorney is before you register it. You don’t necessarily need a lawyer to fill out and file the paperwork for you, but for the tax and legal purposes, you would want to consult an attorney about which type of company structure will fit your business best.  An experienced attorney can tell you whether that non-profit organization designation is possible. A lawyer can help you review your business plan to determine whether you should form a limited liability company or corporation.  If you’re not sure what the differences and legal consequences for the different types of entities are, you may want to ask a lawyer.

We can tell you if that partnership should be a limited liability partnership. We can also tell you if you should continue with your sole proprietorship, or if you should file for s-corporation status.  Having an experienced attorney assess your business plan before you start your business can save you many headaches later down the road.

2. Drafting Contracts

Written contracts clarify what you’re agreeing on and with whom. Since contracts are legally binding, they offer guarantees to small business owners that will prevent future losses. As such, every small business owner should either hire an attorney to draft clear and concise contracts for their business partners, vendors, employees etc.

At the very least, every small business owner should hire an attorney to review a contract that has been offered to you.  There are many benefits to hiring an attorney to review your contract.  Firstly, it is usually less costly than hiring an attorney to draft a contract on your behalf as it often takes less time.  Secondly, the attorney may come up with questions that you will need to ask the other party, thus improving your contract.  Finally, the attorney can make additions or point out weaknesses that you may or may not want to address with the other party.

3. Handling Employee Issues

Assuming you heeded our contract advice and properly executed contracts for any and all business partners and employees, you shouldn’t have too many issues regarding termination. However, there could still be issues regarding payments, unlawful termination, discrimination, or harassment.  Consulting with an attorney can prevent further losses, and ensure that you are aware of the current employee rights.

4. Licensing

No matter the size of your business, you must follow government licensing regulations.  Depending on your location and industry, you may have to adhere to city, county, state, or federal regulations. By consulting an attorney experienced in your industry and located in your area, you can be prepare in advance for the paperwork and fee requirements for your business license.

5. Registering Intellectual Property

If your business has a special name or logo, you may want to register a trademark to protect your brand. If you don’t, you may find that similar business open with similar names or familiar colors and logos as yours, stealing your customers. Or perhaps you are creative and have creations that need to copyright protection. A good intellectual property attorney will assess your business plan, goods, and branding to determine what is the best strategy for protecting your intellectual property, brand, and business.

 

The issues listed above are just the top five issues on which small business owners should consult an attorney. You may have an issue that has not been listed, or a question you’re not sure needs an attorney. Feel free to comment below, or contact one of our experienced business attorneys for further assistance.

Instagram and Fair Use

By Lum Law Group 0

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 post original stories, pictures, and short videos about the life and business.  Let’s use a video as an example. What is the copyright protection to the creator of the video from Instagram? From other users who see the material? Let’s use a video as an example. What if another user reposts the original post?  Reposts the photo to critique? Uses the video outside of Instagram?

Under copyright law, the creator, unless he assigns his rights to someone else, or creates the video as an employee or “work for hire”, is the copyright owner.  But what happens when he posts that video on Instagram? Well first, under Instagram’s terms of service, Instagram receives a lifetime royalty free license for the video.  Thus if a user merely shares the original post, there will not be any copyright infringement by the user.

What if a user takes a portion of the video and puts it in a new post, with commentary about the video, for the purpose of critiquing it?  Under the Fair Use doctrine in copyright law (17 USC § 107), use “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”  Thus, a review of the video would not create an infringement. The idea being that the fair use is designed to give the public some information about that video. This is a clear example of “fair use.”

But what if the video is taken down and then a portion of it is reposted on some other medium? Or a portion of it is taken and reposted on another medium for other purposes, or “repurposed” for comparison to a competitor’s goods?   Well, in such situations, the “Fair Use doctrine” may not be so clear. If the use is clearly for commercial purposes, if there is some gain the person using the video, or part of it, then as you might expect, such a usage would probably be found to be infringing.

So, when seeing material on Instagram, unless sharing other’s posts, limit any uses of other’s materials for a specific purpose as outlined in “Fair Use Principles” above, or better yet, consult an attorney before you consider reposting anyone else’s materials.

copyright first sale doctrine

By Lum Law Group 0

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 Sale.

First, one who creates an original piece of art, such as a photograph, painting or statute, or a story or book, owns a copyright to that work. It is created upon the creation of the work. Unless the individual specifically sells the copyright rights to someone, only that individual has a right to make copies of his work. Most people have a general understanding of this.

Where things can get confusing sometimes is when an individual purchases a book, or a poster, or a piece of art. The question then becomes, what can he do with that piece of work? The obvious answer is that if he purchased that item, whether it is a book, poster or piece of art, he can do whatever he wants with it. Display it in his office, at his home, carry it around in his car and show it to his friends wherever he goes. This is covered in copyright law by what we call, the “First Sale” doctrine. Essentially, the holder of the purchased copy of a copyrighted work has the right to do anything he wants with that copy. However, that’s where his rights end as to the copyrighted work.

In one instance, a client has a poster that he used in his own artwork. His use of the poster in his own artwork is perfectly acceptable. He can sell the artwork as well. However, he cannot take photos of the artwork and then display that artwork on flyers or on his website. This is because his rights do not expand to displays of the poster. He does not have the right to advertise the copyrighted work. And in fact, he has repurposed the copyrighted work, or created what is called a “derivative” work. Without authorization, or proof that he purchased the copyright to the artwork, he cannot therefore otherwise display copies of his artwork in any other medium.

So, be careful what you do with Artwork. But what happens if someone posts a copyrighted work on Instagram and hashtags you on Instagram? And you want to repost it? That is a question for our next blog.

mompreneur asks

By Jessica Suotmaa 0

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 questions regarding her logo, her business name, other business names and logos, which basically came down to how she can create the brand she’s visualized without legal ramifications.

While answering her questions, we realized these may be common questions that start up entrepreneurs and new small business owners ask.  We decided to share both her questions and our answers in this blog for your reference.

Note: Our Mompreneur’s anonymity is fully protected.

Question: I know what my business will be about. I have a name picked out and two design ideas but I wonder:

  1. Does it make a difference that the name I want is used in a different industry? Can I still use it?

  2. One of the designs looks similar to a design used by a foreign company overseas. Can I still use it?

  3. How can I lock in my business name so that no one else can use it?

  4. I’m not ready to have a website yet, but I want to set up my Facebook Business Page. How can I reserve the website name so that others can’t use it?

Answer: It sounds like you are well on your way to starting your business!  Startups require much thought and it’s great that you’ve started on the online branding already.  However, the order in which branding occurs is important for legal purposes.

To properly answer your question on the business name, we would need more details, such as the name you have in mind and the businesses and industries of said businesses that already use your chosen name.  There are many ways to answer this question and to give you an idea of what the different ways might be, here’s what we would typically ask:

  • Have you registered a business entity for your business idea? Do you plan to? Do you plan on using your brand name as the business entity name?

    • You can go on California’s Secretary of State website to look up your chosen business name and see what businesses (if any) have already registered your chosen business name in the State.
    • The State will not allow you to register the same business name as an existing active business entity, even if in different industries.

  • If not, do you plan on registering a trade name or “doing business as” (DBA) fictitious business name?

  • Would you like to trademark your business name?

    • If you really want to protect your brand, then we would recommend trademarking your business name and logo.  Start by searching the trademark database to see if your chosen business name is already in use.
    • You can trademark your desired business name even if another business is already using that name, provided they are in a different industry with dissimilar products/services.
    • You should have begun using your desired trademarks in commerce prior to registering.
    • A trademark will prevent others from using your registered business name, or names and logos that are similar to your registered trademarks. If it does not, then at least you will have legal “weapons” to protect your intellectual property.

Once you have the strategy down for your business, then start searching website domain names and finishing up that Facebook Business Page!

If you need assistance with any of the steps above, a good business attorney specializing in small businesses and startups can help analyze your specific needs and provide insight and help. Contact one of our experienced business attorneys!

 

Are SEO citations infringing on intellectual property?

By Lisa 0

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 of a local business.

What Does a Citation Mean?

When a business is cited repeatedly and accurately it increases Google’s confidence that the business in question is real and reliable. Citations are important for local SEO as they determine which data is displayed in the “local block,” that snippet of map imagery with noted listings that comes up on any local search engine results page (SERP).

Although SEO citations are generally categorized as NAP (Name, address, phone number), they are not limited to local information. A citation may include any plain text reference to a business’ site, product, brand, or content. More often than not, an SEO citation is simply a weak back-link in plain text.

Do Citations Violate Intellectual Property?

An SEO citation, like most references to someone else’s ideas or content, lies within a gray area. Unlike a backlink, a citation may directly quote pieces of a business or person’s intellectual property without much accreditation. For example, snippets of music, video, written content, and images can be used as a citation as long as the larger piece of content in which the citation is included is original content. Youtube videos are great examples of SEO citations as no intellectual property is violated because embedded Youtube videos always link back to the original source. Here’s general rule of thumb for preventing the crossing of intellectual property boundaries: as long as the overall content is original, your SEO citation should be in the clear.

Has Your Business been Cited?

It’s important to keep track of all of your local SEO citations, but it’s also important to check on the citations of competitors. How can one find out if a website or business has been cited? Simply type the business name inside quotation marks into Google, along with the site name. Excluding the business’s original website, count the top five to ten results where the business’s name, address, phone number or other SEO citation content is located. Established websites can have hundreds of citations listed from each URL, so make a note of exactly where every citation is located.

Resources

/portfolio-galleries/intellectual-property/

https://searchengineland.com/local-experts-say-relevance-citations-important-authority-216537

https://www.thehoth.com/local-seo-tool/

https://www.searchenginejournal.com/citation-building-customers-find-local-businesses/166649/

 

creative people need to care about their intellectual property

By Jessica Suotmaa 1

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 part of the English language and culture. Other examples of trademarks that have become generic include: Aspirin, Dry Ice, Laundromat, Kerosene, Zipper, Heroin.  Once a trademark becomes generic is possible to lose your right to sue upon perceived infringement.

With copyrights, it is also possible to lose the right to sue.

 

 

Contact Lum Law Group and find out how to protect your intellectual property!

Protect your innovation!

By Jessica Suotmaa 2

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 discoveries,
  • inventions,
  • words,
  • phrases,
  • symbols, and
  • designs, can all be protected as intellectual property.

Intellectual property has a very broad scope and thus it can be said that Intellectual property rights include patents, copyright, industrial design rights, trademarks, plant variety rights, trade dress, geographical indications, and in some jurisdictions trade secrets. There are also more specialized or derived varieties of sui generis exclusive rights, such as circuit design rights (called mask work rights in the US) and supplementary protection certificates for pharmaceutical products (after the expiry of a patent protecting them) and database rights (in European law).

All businesses have intellectual property, regardless of their size or sector.

Thus, it goes without saying that all businesses have intellectual property, regardless of their size or sector. This could be the name of your business, copyright, designs, patents, and trademarks. Your Intellectual property is likely to be a valuable asset. Securing and protecting it could be essential to your business’ future success. In the other words, Intellectual property often translates directly to monetary gain. If you don’t know how to adequately protect your intellectual property, your business is at risk.

Intellectual property often translates directly to monetary gain.

The importance of protecting your Intellectual property can be more easily understood as follows: if you do not protect it, you will have to risk the losing one of the following:

  1. Branding: Establishing a strong brand is pivotal to business success. Protecting that brand is equally important. The name of your company and its logo are part of the branding that sets your business apart. Elements of your brand, from your company name to your logo can be subsumed and eroded. This can damage perceptions in the market of your quality, products, and reputation.
  2. Products: Unique investments that you’ve made developing technologies may be compromised; only through proper patenting, etc. can you ensure that you control and can market the products you develop.
  3. Ideas and thought leadership: Protecting original contributions to the thinking around your industry can be an important step to establishing your company as a market leader. Copyrights ensure proper attribution of your materials.

As such, there is no doubt that, in a business, intellectual property is everywhere. The name that you choose will be your trademark, even the smallest new process created within your firm may be patentable, and much of the creative work of your employees will be protected by copyright. Protecting your intellectual property rights is protecting your business, so you must claim your intellectual property rights before it’s too late.

Have questions? Talk to an experienced intellectual property attorney today! Contact us.

Definition of a copyright

By Jessica Suotmaa 0

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 the owner of copyright the exclusive right to do and to authorize others to do the following:

  • reproduce the work in copies of phonorecords
  • prepare derivative works based upon the work
  • distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending
  • perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audio-visual works
  • display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audio visual work
  • perform the work publicly (in the case of sound recordings) by means of digital audio transmission

(17 U.S.C. Section 102)

Who can claim Copyright?

“Copyright protection subsists from the time the work is created in fixed form.  The copyright in the work of authorship immediately becomes the property of the author who created the work.  Only the author or those deriving their rights through the author can rightfully claim copyright.” – 17 U.S.C, Section 201(a)

Term of a Copyright

For works created after 1978, the duration of ownership is for the life of the author(s) plus seventy (70) years after the author’s death.

For works that are anonymous, pseudonymous, or a work made for hire, the period of time is ninety-five years from the date of first publication, or 120 years from the date of creation, whichever is sooner.

Notice of Copyright

The following symbols are used to show copyright:

(c),  © , Copr. or Copyright

Examples:

  • “Copyright 2017 Albert Justin Lum”
  • “Copr. 2017 Albert Justin Lum”
  • “© 2017 Albert Justin Lum”
  • “Copyright © 2017 Albert Justin Lum”

Why Register your Copyright?

Without copyright registration, damages are limited to actual damages.

With copyright registration, one can obtain statutory damages, up to $30,000 per infringement for innocent infringement (“I didn’t know I was violating copyright laws”) to $150,000 per infringement for willful infringement (“Copyright? Who cares!) as well as attorney fees; and injunctive relief.

What does “Work for Hire” mean?

A “work made for hire” is–

  • a work prepared by an employee within the scope of his or her employment; or
  • a work specially ordered or commissioned for use…
    • as a contribution to a collective work,
    • as a part of a motion picture or other audiovisual work,
    • as a translation,
    • as a supplementary work,
    • as a compilation,
    • as an instructional text,
    • as a test,
    • as answer material for a test, or
    • as an atlas,
  • if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.
  • For the purpose of the foregoing sentence, a supplementary work” is a work prepared for publication as a secondary adjunct to a work by another author for the purpose of introducing, concluding, illustrating, explaining, revising, commenting upon, or assisting in the use of the other work, such as forewords, afterwords, pictorial illustrations, maps, charts, tables, editorial notes, musical arrangements, answer material for tests, bibliographies, appendixes, and indexes, and an “instructional text” is a literary, pictorial, or graphic work prepared for publication and with the purpose of use in systematic instructional activities.

(17 U.S.C, Section 201(b))

Bottom line, if you hire an independent contractor to create something for you, make sure there is an agreement that whatever is created is made as “work for hire” and the owner of the copyright will be you.

 

Not sure if you should be registering a copyright? Perhaps you’re worried about breaking copyright laws? Read more on how we can help your business with intellectual property!

Example of trademark

By Jessica Suotmaa 0

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 professionals refer to trademarks, registered trademarks, and service marks as “marks”.

What are Trademark symbols?

Trademark symbols are notices of trademark ownership. When you see a word, symbol, or picture with a trademark symbol next to it, you know it has been registered in the federal database.

The three types of symbols are:

  1. Registered Mark – R – e.g. Nike’s “Just do it®” has been registered with the U.S. government, so Nike can use the ® symbol with its trademarks.
  2. Trademark – TM – e.g. Starbucks used ™ on their logo while waiting for their redesigned trademark to be approved
  3. Service Mark – SM – e.g. United Airlines’ catchphrase “Fly the Friendly Skies℠” is a good example of a company that provides services using a “service mark”

It’s important to note that companies/brands cannot use the ® symbol until their trademark registration application has been approved by the U.S. government. Pending trademarks should use the ™ symbol.

Ownership and Registration

  • Trademark Ownership – Created by use in commerce.  Ownership is maintained wherever the mark is used in commerce so long as it is used in commerce.
  • Federal Registration – Filed with USPTO – Term of a federally registered trademark – Registration is valid for ten years and is renewable before the expiration of the term.
  • State Registration – File with the California Secretary of State.

Why you should register a Trademark

No Registration – Can only prevent competitors from using a similar mark in a state, or part of state where your trademark was used first.  Governed by state unfair competition laws.  Damages limited to actual damages.

Federal Registration – Can prevent competitors from using a similar mark in all 50 states if competitor did not use the mark before you used your trademark, or before you registered your trademark.  Possible treble damages, attorneys fees and other remedies.  Possible injunctive relief.  Case is in federal court where the infringer has greater difficulty delaying case.

State Registration – Additional evidence of use (instate)

Who should register a trademark?

If you are forward thinking and want to protect your trademark before someone else realizes what a great trademark it is, or a creator who wants to protect their original work/art before someone starts copying it, we can help you protect your intellectual property.

If you’ve already registered intellectual property in the past, but you believe a competitor has infringed upon your intellectual property, we can help you litigate your case.

Have more questions about trademarks? Read more on how we can help your business secure your intellectual property!

Do you have an invention you need to patent?

By Jessica Suotmaa 0

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 or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention.” – 35 USC, Section 100

Patent Rights

A patent gives the patent owner the right to exclude others from making, using, selling, offering for sale, or importing a patented invention for the term of the patent. It does not give the patent owner the exclusive right to make the invention (the invention may be an improvement of another invention, therefore, making it might be affected by another invention).

Term of a Patent

The term of a patent (validity period) is twenty (20) years from the date the application is filed.

 

More on how we can help your business secure your intellectual property!

IP is the sword and shield of your business

By Jessica Suotmaa 0

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:

  1. Industrial property, which includes…
    1. inventions (patents),
    2. trademarks,
    3. industrial designs, and
    4. geographic indications of source;
  2. Copyright, which includes…
    1. literary and artistic works, such as
      1. novels,
      2. poems,
      3. plays,
      4. films,
      5. musical works,
      6. artistic works, such as
        1. drawings,
        2. paintings,
        3. photographs and
        4. sculptures,
    2. architectural designs.

Think of intellectual property as the “sword and shield” against your business competitors. By registering your intellectual property, you’re ensuring your “enemies” cannot take your weapons from you or copy your weapon technology.

 

More on how we can help your business secure your intellectual property!

Small Business Owners: Trademark Your Brand and Grow Your Business

By Jessica Suotmaa 0

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 passion of an individual. We can all see a niche in the market or something that has never been tried before. As an entrepreneur, you look to develop what you offer every day so customers can see your product or service and flock to you. This is how success is made.
But without the proper protections in place, you are vulnerable to other businesses and unscrupulous operators. Something needs to be done. Don’t worry – there is help at hand.
clothing copyright zipper denim

By Justin Lum 0

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 companies in the United States that see those same designs and are then making slight variations of those designs and then registering copyrights in the United States on those variations to then accuse the imported fabrics of infringing the variations.

This may impact your company’s ability to sell fabric and/or garments in the United States.

How can you prevent this from happening?  By filing a U.S. copyright registration first.  Our office can help you to register copyrights for your designs in the United States.  This will not only protect your designs from being copied by companies in the United States, but provide assurances to your buyers in the United States and enhance your company’s reputation within the industry drawing companies to use your copyrighted designs because they know they are protected in the United States.  Contact us so we can determine what is the best and most economical way to protect your intellectual property.

Intellectual Property Rights - What's Mine Is Mine

By Justin Lum 2

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 and proving that something was yours first can become murky and difficult to prove. In some instances it becomes necessary to hire an attorney to ensure that you and your creation are properly safeguarded against potential thieves. Especially if your idea has the possibility of generating capital, certain legal defenses need to be in place to assure you, the inventor, that what you’ve created is yours and not to be copied, identically designed, or otherwise stolen all together.

There are two types of intellectual property rights, copyright and industrial, that defend against different aspects of intellectual property. Copyright law states that anything artistic in nature, such as literary or musical works, are protected against duplication. Industrial property, which consists of distinctive things like trademarks and symbols, are similarly secured. No one can copy the logo or symbol of a corporation without being held accountable for infringement, nor can anyone pass off a hit song as their own. Intellectual property rights protect both individuals and companies as a whole.

With the rapid rate of technological expansion, copyright and industrial infringements are becoming evermore prevalent and it’s more important to know your rights as a creator. These laws are in place to ensure the growth and expansion of our arts communities and to protect those who participate. To guarantee the fullest and most thorough protection available it may become necessary to hire an attorney. After all, no one knows the law better than a lawyer and to make sure that you’re getting the maximum level of defense our legal system can offer, hiring a lawyer is the safest bet.

It’s not difficult to steal ideas and if your idea is bankable or otherwise important to you then you may need the aid of a lawyer to confirm that your property is protected under the law. The likelihood is that what you’ve created is important to you, and possibly profitable to others. If it’s important enough to protect legally from potential thieves then hiring a lawyer is a concrete way to create peace of mind. Never has the phrase “a mind is a terrible thing to waste” had more meaning and relevance than when discussing intellectual property.http://www.lusmile.com

 

This article was written by Roger Brent Hatcher, an attorney at Smith, Gilliam, Williams & Miles, a leading Atlanta Law Firm since 1928.

Article Source: http://EzineArticles.com/?expert=Roger_Brent_Hatcher
Article Source: http://EzineArticles.com/6729508

 

常言道:好艺术家借鉴，伟大的艺术家剽窃。这句话是真是假与我们无关，但如果我们发明，或着创造一件完全属于自己的东西的时候就与我们有关了。即使别人不同意，但你还是被知识产权法保护。然而，无论多么原始的创意都是无形的资产。但要证明那些创意是你首先提出来的也非常困难。在某些情况下你需要雇一位律师来确保你和你的创意能合适地被保护，并对抗潜在的剽窃。尤其是如果你的创造可能会转变为资本，必然要适当的法律保护来确保你是发明者：那属于我，不可复制，不可模仿，不可剽窃！

知识产权有两种类型：著作权和商业权，分别用于保护知识产权的两个不同方面。本质上著作权是指艺术类作品，例如文学和音乐作品，是受保护不可被复制的。商业资产是由类似商标和标志可区分的事物组成，商业资产也一样受到保护。没有人能在没有授权的情况下复制一个企业的标志或商标。当然任何人也不应该忽视自己创造的流行歌曲。总地来说，知识产权同时保护个人和企业。

随着科学技术的急剧发展。侵权行为也比以往更普遍，创作者了解自己的权益也愈发重要。那些法律可以适当地确保我们作品累积和保护那些参与者。为了确保最完整和最彻底的有效保护，这可能就需要雇一位专业律师。毕竟，没人会比律师更懂法律，也能得到法律系统提供的最大化防护，所以雇一位律师是最安全的投入。

要剽窃一个创意并不难，如果你的创意可能产生经济效益，否者你可能需要律师的帮助，来确保你的资产受法律保护是很重要的。可能你创造的东西与你而言很重要，但也可能对其他人来说也有利可图。足够的法律保护避免潜在的剽窃，而雇一位律师正是一个让你后顾无忧的具体方式。当说到智力财富的时候，不再让谚语“浪费心智是一件可怕的事”跟自己有更多关系。

 

 

    *本文由罗杰*布伦特*哈切撰写，他供职于创建于1928年的斯密斯*吉利姆*威廉姆斯&米勒律师事务所