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Probably not. There is a common misconception that if a photograph does not have the little ©, or some sort of watermark designating the picture as belonging to someone else, it is not protected by copyright law and is free for the taking. That is simply not true. Copyright protection attaches the moment an author fixes a form of creative expression …
Imagine a website pops up with your business’s name in the domain (or a common misspelling of your name). The page starts to show up on the front page of Google when customers search for your business and upon first glance looks like your website, easily confusing your customers. Maybe the purported owner of this new domain contacts you offering …
No. Unlike patent rights, trademark protection does not only arise from registration. Most trademark protection begins when the trademark is used in commerce. When your business starts selling a product under a particular name, you are afforded some trademark protection. Who Has Priority in a Name? Priority in a trademark attaches on a first use basis. If your business starts …
Starting a franchise can be both exciting and overwhelming. In the evaluation stage, you will receive a lot of information, interviewed by the franchisor (the company that sells the franchise to you) and presented with a very large packet of legal documents. This article covers the five questions to ask during your initial discussions with the franchisor. The answers to …
Many people throw around the term “copyright infringement” without fully understanding the legal elements of a copyright infringement claim. Given the ease at which modern day media can be copied, especially over the internet, every person and business should have a clear understanding of copyright infringement so that they can protect themselves and their intellectual property. When Infringement Occurs When …
Both of you can be held liable. As the end user that financially benefits from your website and because you have the ability to direct and supervise your web designer, you are liable for any copyright infringement committed by your web designer. This is true whether or not you or your web designer actually knew that he or she infringed …
With so many employment laws on the books, at the state and federal level, and many with different requirements regarding applicability, it can be confusing to determine which laws apply to your business. Given the importance of different obligations, policies and restrictions imposed upon businesses by the various laws, and the hefty penalties for violating them, it is critical that …
Who owns your company’s social media account? Does it belong to your business or the employee who created the account to promote your business? Absent a social media policy, the answer is not always clear and can result in costly litigation. Ownership of the account has huge implications regarding who can access the account. If an employer takes over an …
No company wants to lose business to a competitor using a name similar to its own. Such a use can cause confusion among your customers and wrongfully associate your business with an inferior product. What should you do when this happens and how do you prevent it from happening? When Another Business is Using Your Name The first thing you …
Wondering whether your business needs a copyright, a patent, or a trademark? Unsure as to which one you need? Don’t worry, you’re not the first. The type of intellectual property protection your business needs depends upon the subject matter you are trying to protect. To ensure you are completely protected, it is important that you know what type of protection …
