Intellectual Property Law

GREAT TITLE, BUT CAN YOU PROTECT IT?

Posted on February 07, 2008
Many people believe that titles to publications or other works cannot be protected. This misconception stems from the fact that although copyright law protects the content of a particular publication, the Copyright Act provides that words, slogans and short phrases are not protectable under copyright law...

TRADEMARK ENFORCEMENT IN THE VIRTUAL WORLD

Posted on February 07, 2008
With the ever increasing popularity of virtual worlds such as Second Life, trademark owners need to be aware of both the opportunities and challenges that their brands may face in these newly emerging markets. As a trademark owner, if you choose to conduct business in the virtual world, be aware that all of the [...

Open Source Software

Posted on January 21, 2008
Open source software code is publicly available and enables users to modify and disseminate new code including their modifications. Those who incorporate modifications into commercial software should consider both the patentability and infringement aspects of their efforts.

PROTECTING YOUR BRANDS FROM PARALLEL IMPORTS

Posted on January 16, 2008
As our economy becomes increasingly globalized, prudent trademark owners will remember that it is their responsibility to maintain control over the distribution channels, as well as the ultimate geographic sale location, of their branded products. Markets around the world are being flooded with ?parallel imports? and ?gray market? goods - branded goods that are [...

To access this complete feed in the blog feed reader login or register for free.

Beware of Domain Name Traffickers

Posted on December 09, 2007
Internet domain name registration is a first-come, first-served process. Because of the simplicity and relative low cost of registering a domain, trafficking in domain names has been commonplace since the inception of the Internet. It began with domain name hijacking...

Protecting Your Company?s Trade Secrets

Posted on November 02, 2007
Trade secrets — information that has value because it is not generally known — are perhaps the most difficult form of intellectual property to protect.  This is due in no small part to the fact that the information must actually be kept secret, or at least its confidentiality maintained, for as long as trade secret [...

Company Computer System Usage Etiquette - How to Establish Guidelines for Your Employees

Posted on October 25, 2007
Many employers are finding their companies held liable for an employee?s misuse of a computer system, bringing the company negative publicity and in some instances, subjecting it to civil or criminal liability.  Therefore, it is important that employers take a proactive approach in setting guidelines governing their employees? Internet and e-mail usage...

Security Interests in Intellectual Property

Posted on October 15, 2007
Perfecting a security interest in intellectual property involves determining the appropriate filing venue. In general, Article 9 of the Uniform Commercial Code (?Article 9?) applies to transactions intended to create a security interest.  However, Article 9 can be preempted by certain federal laws authorizing other procedures for recording liens.

New Jersey Employers Beware - Court Decision Finds Employer Liable for Employee Misconduct

Posted on October 01, 2007
In light of a recent New Jersey Superior Court Appellate Division decision, it is possible for an employer to be held liable to third parties harmed by its employee if the employer has reason to know that the employee is engaging in Internet conduct that is potentially harmful, yet fails to take remedial action...

Open Source Code: An Intersection Between Copyright Law and the General Public License

Posted on September 25, 2007
Independent computer programmers and software developers are increasingly turning to open source code in writing new computer programs. Therefore, there is a growing need for both programmers and developers as well as companies who contract for their services and distribute their software to understand both copyright law and the GNU - General Public License (?GPL?) [...

WHO IS AN INVENTOR AND WHY GETTING IT RIGHT IS IMPORTANT

Posted on August 24, 2007
Invention involves conception of a useful idea coupled with its reduction to practice. In determining conception, more than a bare idea is required. Conception is the formation in the mind of a definite and permanent idea of the complete and operative invention as it is to be thereafter applied in practice...

But I Paid For It - Securing Copyright Ownership In Works Created By Your Independent Contractors

Posted on August 05, 2007
Individuals and businesses in all industries routinely hire consultants to create materials for them.  Examples of materials often outsourced include websites, custom software, brochures, manuals and product literature.  Most purchasers of these items assume that they own all rights to them as soon as they pay for them...

Security Breach Notification: Minimizing Legal Complaince Exposure and Reputational Risks for Your Company

Posted on July 24, 2007
As a business owner whose database includes confidential personal information on clientele, you have taken every precaution to secure this data to prevent a security breach. But even with the best security measures in place, occasionally companies find themselves in the unfortunate position of having unintentionally leaked this information to an unauthorized party.

Trademark Owners and Applicants Beware - Overstating the Goods and Services of Your Mark Can Result in Cancellation of the Registration

Posted on July 10, 2007
The Trademark Trial and Appeal Board (?TTAB?) of the United States Patent and Trademark Office (?USPTO?) recently adopted a new standard for trademark applications that can have disastrous consequences for trademark owners. To understand the significance of the new standard, one must first understand the nature of trademark rights.

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.