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 …
For those of you who missed it, the recording of the intellectual property (“IP”) webinar that I moderated for the American Bar Association (“ABA”) General Practice, Solo & Small Firm Division’s Agriculture Law Committee last November is now available for purchase. Even though I love participating in the live webcasts in case I have a question to ask, recordings are …
In my duties of Chair of the American Bar Association, General Practice Solo & Small Firm Division’s Agriculture Law Committee, I will be moderating a Continuing Legal Education (“CLE”) webinar for the American Bar Association (“ABA”) on November 19, 2015 from 1:00 to 3:00pm ET titled “Overview of Intellectual Property Law Affecting Farmers, Agri-Businesses and Food Entrepreneurs“. Faculty members include Joel …
For the fifth year in a row, I have been appointed as the Chair of the American Bar Association (“ABA”), General Practice, Solo & Small Firm Division’s (“GP Solo”) Agriculture Law Committee. I am moderating 2 upcoming webinars for the ABA: 1. “Counseling Farmers & Ranchers, Agri-Businesses and Food Entrepreneurs on Insurance” on September 15, 2015 at 1pm ET 2. …
I will be moderating at webinar for the American Bar Association General Practice, Solo & Small Firm Division’s Agriculture Law Committee titled “Overview of Intellectual Property Law Affecting Farmers, Agri-Businesses and Food Entrepreneurs.” Faculty members include: Joel Cape, Esq., Brian Gregg, Esq., Drew Kershen, Esq., Martha Noble, Esq. The discussion will include the following: (1) Overview of intellectual property regulation …
Copyright is a form of intellectual property protection provided to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. Any expression, however, once written down in unique form, qualifies for copyright protection. Copyright protection comes into being as soon as an expression is recorded in some manner (in …
I’m super excited to be heading back to the Midwest in June – I will be presenting at the Ohio Agriculture Law Symposium June 23-24, 2013 at Cherry Valley Lodge in Newark, Ohio. On Sunday, June 23, 2013, I will be discussing “Strategies for Developing and Retaining Farm and Agri-Business Clients” along with the great Allen Olson from the Law …
Over the last year I have received numerous inquires from farms, agri-businesses and food entrepreneurs about the importance of trademarks and the application process. This post seeks to give a cursory overview of a few common questions that come my way. Trademarks vs. Service Marks Put simply, a trademark is an identifying mark for consumers in connection with particular goods …