A trademark or service mark is any word, name, phrase, symbol, device and/or design that serves as a source identifier. Trademarks and service marks serve to distinguish your products and/or services from those offered by others. When we choose a product and we like it, the next time we choose it we have an expectation Read More
Registering a trademark or service mark with the United States Patent and Trademark Office requires a hefty investment of resources. On average, the registration process takes 18 months and the legal fees involved are anything but nominal. But like any good investment, the return can be great.
The story always sounds the same. Our client receives a letter from a purported patent owner alleging that he is infringing the owner’s patent and, as a result, owes the patent owner a license fee. Sometimes the license fee is minimal other times it is exorbitant. Typically, the letter outlines the patents involved utilizing technical language to describe the underlying process, product, or technology. The letter always closes with the same threat: pay up or see you in court.
Successfully completing a major transaction such as a merger, acquisition, or divestiture is a tall order. Integrating information technology issues and involving the respective information technology departments is a vitally important aspect of any deal.
There are approximately 800 million people on Facebook. Twitter has about 200 million account holders. Add in all of the bloggers and it becomes crystal clear that social media is more than just a fad. Social media is being used worldwide to connect old acquaintances, make business referrals, and market and advertise products and services. Chances are a vast majority of your employees, customers, potential customers, and competitors access a social media site on a daily basis. Social media is quickly becoming a preferred way for businesses to tout products and services.
Lately cloud computing has been garnering notoriety as more and more businesses take advantage of its various benefits. According to Webopedia, cloud computing is a type of computing that relies on sharing computing resources rather than using local servers or personal devices to handle applications. Cloud computing allows a business to outsource many applications historically maintained on the company’s own hardware.
A common misconception shared by many of our clients is that in order to have a trademark they must have a registration with the United States Patent and Trademark Office. Our clients are often surprised when we tell them that in fact you have trademark rights from the moment you begin using the trademark in commerce (provided the mark is used properly and does not infringe another party’s rights).
Cloud computing is a type of computing that relies on sharing computing resources rather than having local servers or personal devices to handle applications. Many business are moving to the cloud because of the cost, storage, and flexibility benefits it can provide. Before jumping to the cloud, here are five things you should consider.
The Web site domain world is about to get a lot more crowded. The Internet Corporation for Assigned Names and Numbers (ICANN) is making plans to add hundreds of new generic top level domain names (gTLDs). There are currently 21 gTLDs available, e.g., .com, .net, and .org. In addition, there are currently 270 country code top level domain names (ccTLDs). With the new gTLD program proposed by ICANN, estimates are that 500 to 1000 new gTLDs will be approved each year after the program is implemented.
iHealthBeat has reported that Kentucky and Oklahoma have become the first states to issue Medicaid incentive payments to health care providers who have demonstrated meaningful use of certified electronic health records. Under the 2009 federal economic stimulus package, health care providers who demonstrate “meaningful use” of electronic health records (EHRs) will qualify for incentive payments through Medicare and Medicaid.
The advent of e-mail as a primary medium of communication has forced many businesses to change the way they advertise and communicate with current and prospective customers. President George W. Bush signed the CAN-SPAM Act into law in 2003 in an attempt to regulate the use of unsolicited e-mails sent for commercial purposes. While it is no surprise to anyone, the Act did not prohibit the transmission of commercial e-mails to individuals without their permission. Rather, the Act set certain guidelines for businesses to follow when they send commercial e-mails.
In a recent decision by a Ninth Circuit panel of judges, the resale of packaged software via an online auction site was not protected by the “first sale” doctrine under the Copyright Act because the transaction between the software vendor and the purported reseller was a license not a sale.
Business gurus often advise entrepreneurs that they should not be afraid to make mistakes. But, when it comes to the legal aspects of your business, not being afraid of making mistakes can lead to disastrous consequences. What are the common legal mistakes business owners make? Here are my top five.
Consumers’ concerns regarding Internet privacy have increased as of late and Congress is prepared to address the issue by year-end. Despite being in the early stages of development, the draft bill is already making waves among business owners, the major concern being the potential for negative effects on e-commerce in an already troubling economic time due to “overreaching” privacy regulations.
Does your company buy a copy of software and install it on all company computers or on a network server for all employees to use? Does your company allow employees to take a copy of software home to use it on a home computer? Does your company allow employees to bring software from home to Read More
A copyright is a property right in an original work of authorship fixed in a tangible medium of expression. Copyright protection is mandated by the United States Constitution and has evolved as technology has progressed, enabling the transmission of works in ways our founding fathers could never have imagined. An owner of a valid copyright Read More
Trade secrets consist of information. Therefore, for businesses specializing in information technology, protection of trade secrets is particularly important. Trade secrets are often the subject of litigation when an employee having access to the employer’s trade secrets goes to work with a competing employer, or opens a competing business. The first and best line of Read More
In the current economic environment it is more important than ever to be proactive rather than reactive. Any unexpected fine or claim arising from improper procedures or deficient agreements could force your company into the red. One way to help ensure that your business continues to be efficient, productive, and profitable is to undergo a Read More
Your company’s trademarks are important and valuable assets which, with proper treatment and with due care, can serve you well for many years. The U.S. Patent and Trademark Office defines a trademark as a word, phrase, symbol, design, or combination of these, which identifies and distinguishes the source of the goods or services of one Read More