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- Defenses to Allegations of Copyright Infringement
There are numerous defenses available to a copyright infringement defendant.
- Elements of a Copyright Infringement Claim
A copyright infringement action requires a plaintiff to prove (1) ownership of a valid copyright, and (2) actionable copying by the defendant of constituent elements of the work that are original.
- Intellectual Property Rights for Small Business
Protecting intellectual property is a critical early step in establishing a new business. The process can be complex, but the ability of a business to establish a brand and grow by steps depends on having exclusive use of intellectual property.
- Trademarking a Name or a Logo or Both?
In establishing a new business, owners often seek legal advice in connection with branding their business by developing and securing their company’s intellectual property. Part of this inquiry typically involves the question, “Should we seek trademark registration of the named business brand or the company’s design logos, or both?”
- Music May Be Less Widely Available in the Future. Here's Why.
The government just denied a request from the music industry to change the royalty collection system. Here, we examine what's at stake and explain why change may be imminent.
- Trademark Maintenance: How Do I Maintain a Registration?
A Trademark is a Living Asset. If you have a registered trademark with the United States Patent and Trademark Office (“USPTO”), you have taken a very important step in protecting your businesses’ brand. However, what happens after you receive that registration? Do you own your trademark forever? Not exactly. Once you have obtained a federal trademark registration, you must take certain steps to maintain the registration or you risk having it canceled by the USPTO.
- Trademark Protection
Most company’s trademarks are extremely valuable assets and represent a significant percentage of the company’s worth. Brand recognition creates customer goodwill and promotes customer satisfaction, which leads to increased sales. Because of this, it is critical to maintain protection of these intangible assets.
- Choosing a Trademark That Will Last Over Time
The purpose of a trademark is to differentiate and protect a company’s goods or services in the marketplace. A trademark also represents an intangible asset in the form of consumer goodwill that has been assigned to the company through its history of providing quality goods and/or services.
- Intellectual Property: 3 Legal Tools to Help You Protect Your Business Idea
If the success of your small business rests with your intellectual property, then you should be very interested in how you can protect it. Filing for a patent can be costly and time-consuming; you may not be able to wait that long, especially if you need to share your idea with others for it to come to fruition.
- Intellectual Property Law: Understanding the Basics
Intellectual property law is an intimidating subject for many business owners. Sure, you’ve heard horror stories about intellectual property being stolen… but that would never happen to you, right? Actually, if you’re in business long enough, there’s a very good chance that your ideas will be stolen. And if you don’t protect yourself, the consequences could be catastrophic.