What Does “First to Use” Mean When it Comes to Trademarks? **Attorney Advertising**
Here in the United States and in many other countries around the world, ownership rights for trademarks are given on a “first to use” rather than a “first to file” basis. But what does that actually mean and how do you determine if you are indeed the party that has exclusive “first to use” rights […]
Someone Is Opposing My Trademark Registration… Now What? ** Attorney Advertising**
Before a trademark is officially registered with the United States Patent and Trademark Office (USPTO), the pending application will be made available to the public. This provides any interested third party with the chance to oppose registration of the mark if they feel that it is improper or a threat to their business. Timeline of […]
Who Owns a Copyright When There Are Multiple Authors? **Attorney Advertising**
Books, articles, and other written materials are routinely created by more than one author. Yet when it comes to copyright ownership of the works in question, the answer to “who is legally entitled to what?” can get a bit complicated. To Be a Co-Owner of a Copyright, You Must be a True Co-Author. In order […]
Should I Apply for My Trademark in My Personal or Company Name? **Attorney Advertising**
“Who owns this trademark” is a question that needs to be accurately answered before an individual or company files an application with the United States Patent and Trademark Office (USPTO). If a business owner or brand does not properly identify the owner of a trademark, or it does not list all possible co-owners of the […]
How to Use Trademarks, Copyrights, and Patents to Protect Fashion Designs ** Attorney Advertising**
The world of fashion is a multi-billion-dollar industry that includes the sale of apparel and all related fashion accessories across the globe. Those who make a name for themselves in the fashion space often do so because of their unique and stylish designs that catch the eye of retailers, fashion influencers, and customers alike. While […]
“Why Can’t I Copyright My Title?”… and Other Surprising Things You CAN’T Copyright **Attorney Advertising **
Have you come up with a catchy title for a book, a song, or even a movie and you want to be absolutely sure that no one else steals it? You may be surprised to learn that you can’t actually copyright titles, slogans, or sayings. That’s right. No protection exists under the law. Copyrights protect […]
What is Digital Piracy and How Do I Protect Myself? **Attorney Advertising**
The act of piracy no doubt sounds like an offense committed on the high seas by pirates in search of gold and treasures. Actual piracy, however, does involve a crime, but there are no pirates or swashbucklers involved. It’s simply the act of illegally downloading and or distributing copyrighted works. That means anyone who creates […]
Has Someone Stolen Your Content? Here’s How to Find and Notify the Web Host **Attorney Advertising **
Digital content theft is an unfortunate reality that business owners, brands, and content creators must be prepared to deal with. Whether someone steals a blog post you created, republishes one of your digital downloads or offers a counterfeit product of yours for sale on the web, you need to know your options for getting the […]
Buyer Beware: Read This Before You Hire a Low-Cost Law Firm or DIY Company to Handle Your Intellectual Property or Other Legal Needs! **Attorney Advertising **
I was recently approached by two separate potential clients that previously worked with the same law firm. This law firm has a website with easy client sign-up for engaging the firm’s services and filing trademark applications with fees comparable to those charged by LegalZoom, but with an actual law firm. I have seen these low-priced […]
Proper Use of a Trademark: What You Should and Should NOT Do **Attorney Advertising **
A trademark is a word, phrase, color, sound, design, symbol, or combination of such that identifies the source of goods or services from others. However, using your trademark to distinguish your product or service from others is not as simple as placing a ™ or Ò beside your trademarked name or graphic. There are a […]
