Trade Names

Incorporating a company may show when you first started using a trade name, but does not grant you any particular trademark rights. There is a distinction between a trademark and a trade name. A trade name can act as a trademark, but does not always.

Read more ...

Copyright in Forigen Works

The United States is a party to the Berne Convention, an international copyright union adopted by 165 countries. Under the Berne Convention, all party countries must recognize the copyright of works of authors from every other Berne Convention country. Under the Berne Convention copyright is automatic and does not require formal registration.

Read more ...

Trademark Registration Renewals

A federal trademark registration can last indefinitely, but the trademark owner must periodically file the correct paperwork with the trademark office to keep the registrations active. The trademark office does not remind trademark owners of due dates and often trademarks which are still being used lose their registrations by the failure of the trademark owners to timely file the required affidavits.

Read more ...

UDRP Arbitration

The Uniform Domain-Name Dispute Resolution Policy (“UDRP”) provides mandatory non-binding arbitration to resolve disputes involving .com, .net, .org, .info, .biz, .aero, .coop, and .museum domain names.The UDRP arbitration policy is in place to resolve very specific disputes– namely abusive and bad faith registrations of domain names, often referred to as cybersquatting.

Read more ...

Copyrights in Useful Articles

There is art and then there is stuff. Art is copyrightable. Stuff is not. The Copyright Act refers to stuff people use (rather than just look at, listen to, or read) as a “useful article.” Useful articles are generally not copyrightable. The design of clothing, furniture, automobiles, cell phones, speakers, and anything else which is useful (and typically not considered “art”) is not entitled to copyright protection.

Read more ...