For an introduction to copyright law, see my previous blog post on Copyright Law: Six Common Questions and Answers. This blog continues to build on the subject of copyright law, exploring three additional topics: Cease and Desist Letters, the Fair Use Exemption, and Plagiarism. What is a Cease and Desist Letter? A Cease and Desist Letter is used in copyright …
Intellectual property law is confusing, to say the least. Trademarks, copyrights, patents, trade secrets – oftentimes attorneys themselves can hardly distinguish between these concepts. In an attempt to chip away at the mystery that is intellectual property, this blog answers six common questions about copyright law. What kind of work can be copyrighted? Copyright law protects works of authorship that …
As any innovator or creator knows, protecting your intellectual property is vitally important to your success. Doing so can help ensure that your creations and hard work are protected. The first step in protecting your intellectual property in Illinois is to be informed of the different types of ways you can protect your intellectual property. The next step is to …
Before launching a business, entrepreneurs spend a substantial amount of time and money researching and developing their products or services. You may have worked with graphic designers and a marketing team to create a brand name and logo for your products or services. As the business grows and your products or services take off in the marketplace, competitors or counterfeiters …
Against the backdrop of globalization and the expansion of online business activity, trademark infringement is on the rise. Most elements of business branding—name, logo, design—are readily available online, making it easier for people to knowingly or unknowingly use the intellectual property of others. As a business owner, you must prioritize both protecting your own trademarks and avoiding infringement of others’ …
There are four major types of privacy law: unreasonable intrusion upon seclusion, unreasonable revelation of private facts, unreasonably placing another person in a false light; and, misappropriation of a person’s name or likeness. Intrusion: One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the …
The U.S. Trademark office states that a trademark is “a word, name, symbol, device, or any combination, use or intended to be used to identify and distinguish the good/services of one seller or provider from those of others, and to indicate the source of the goods/services.” Trademarks may either be on a mark or image. In order for something to …
A copyright gives the creator of a literary, artistic, musical, or other creative work the sole right to publish and sell that work. This work includes photographs and in fact according to the Federal Copyright Act of 1976, photographs are copyright protected the moment they are created. It is not necessary to formally register a copyright, however it may be …
If you’re thinking of starting a business (or already have a business in the works), make sure that the name you use is not already taken. Original names are essential for three reasons: marketing power, clarity, and trademark infringement avoidance. For example, if you’ve decided to open a coffee shop, it’s fairly easy to determine that the name “Starbucks” is …
Being active on social media is hardly a choice anymore for small to medium sized businesses—it’s a given. After all, your customers are there. Connecting with your target audience in the social web can boost your brand and level the playing field between you and big competitors with larger advertising budgets. But before you rush out to tweet a deal …
A trade secret is a piece of information which is confidential, can be legally protected, and gives your company a competitive edge. Lots of the most famous examples involve recipes: the formula for Coca Cola, McDonald’s Big Mac “secret sauce”, or that Mrs. Field’s chocolate chip cookie recipe that caused such a legal stir in the 90s. But you don’t …