What Happens When Intellectual Property Laws Clash with Antitrust Laws?

Intellectual property laws protect copyrights, trademarks, and patents and grant the owner somewhat of a monopoly to use those rights. Conversely, antitrust laws discourage any type of monopoly or behavior that would be considered anticompetitive. As expected, these two tenets of business in the United States inherently clash against each other at times. While tension can be expected between these two sets of laws, knowing what happens when intellectual property laws clash with antitrust laws can help your business make better decisions and protect your legal rights. Intellectual Property and Antitrust Laws Those companies or persons that hold intellectual property [...]

2021-10-13T19:04:12+00:00December 22nd, 2019|
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How to Protect Your Intellectual Property Rights when Working with a Freelancer

How to Protect Your Intellectual Property Rights when Working with a Freelancer Your intellectual property rights are an important, yet sometimes overlooked asset of your business. Any original work like a photograph, written content, video content, or event audio content is protected by copyright law. Your business name, logo, tagline, and even product or program names may be protectable under trademark law. You may also have patentable designs or inventions, along with trade secrets that give your business a competitive edge. However, in cases where you need to hire a freelancer, you may wonder how to protect your intellectual property [...]

2021-10-13T18:50:12+00:00November 10th, 2019|
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U.S. Copyright Office New Rule Concerning Registration of Unpublished Works

As of March 2019, the United States Copyright Office has created a registration option for unpublished works, in which up to ten (10) unpublished works can be registered for a single fee. But to qualify to use this application, the following must apply: (1) all the works must be created by the same author or the same joint authors, (2) the author or joint authors must be named as the copyright claimant for each work, (3) the claim to copyright in each work must be the same, and (4) each work must be registered in the same administrative class.Previously, you [...]

2022-11-03T15:54:12+00:00October 25th, 2019|
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Top 3 Reasons Why Every Website Needs a Copyright Policy

Whether you just launched a website, or you’ve had one for years, there are a few important policies your website needs, including a copyright policy. Even if you operate a blog or a small business, you must ensure that your rights are protected from copyright infringement — when another party reproduces, distributes, performs, publicly displays, or makes into a derivative work, your original content without your permission. Learn the top reasons why every website needs a copyright policy. 1. Put the world on notice of your rights. Copyrights are a form of intellectual property protection that apply to any original [...]

2023-09-12T20:25:34+00:00October 15th, 2019|
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Should You Register Your Trademark Before You Start Using It?

Building your brand is one of the most important investments you will make in your company. Your brand is what distinguishes your business from competitors, and as consumers begin to associate your quality of goods and services with your business name, logo, or slogan, you will naturally want to protect your brand’s reputation and prevent others from piggybacking off of the goodwill you build.A name and/or logo is one of the first things a new business decides on after developing a new business idea. Before you start offering goods or services in commerce, you will likely invest in branding, web [...]

2022-11-03T15:53:24+00:00September 20th, 2019|
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License Your Web Content or Pay a Higher Price

There was a time on the Internet where anything was posted or copied from another source without a care, but those days are long over. Businesses and individuals need to pay close attention to where they are sourcing their materials from. That is, if they are not the creator. A major concern for websites these days is making sure all content is properly licensed. Otherwise, website owners may be sent a variation of cease and desist letters, demand letters, DMCA notices, and/or a lawsuit action. The following tips provide information on how to best avoid the above mentioned correspondence. Protected [...]

2021-11-11T16:54:24+00:00September 13th, 2019|
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Does Your Business Need a GDPR-Compliant Privacy Policy?

If your business operates a website or potentially collects, transmits, or stores the personal data of European Union (EU) residents, you need to know about the General Data Protection Regulation (GDPR). GDPR is a privacy law regulation for the EU and European Economic Area specifically designed to ensure EU residents have greater control over and protection of their personal data. It applies to every company selling to and storing personal information about EU residents, including companies located outside of the EU. How Does the GDPR Affect Your Business? Non-EU businesses are subject to the GDPR if they collect any personal [...]

2021-10-13T18:55:36+00:00September 11th, 2019|
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What You Need to Know About California Tenant- Landlord Laws

The California real estate market is one of the most expensive in the U.S. This means both that rental properties are very lucrative investments in the Golden State and many families in California cannot afford to purchase their own home. Whether you are a landlord or a tenant, knowing the laws of California can protect you and ensure a smooth transition into the landlord-tenant relationship. Tenant Screening The landlord-tenant relationship begins with the tenant screening process. California allows the landlord discretion in selecting their tenants. Landlords can consider criminal history, credit rating, and financial stability when processing tenants; however, under [...]

2023-08-16T09:51:55+00:00August 7th, 2019|
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Americans with Disabilities Act (ADA) Primer for Property Owners in California

If you are an owner, landlord, or tenant of a property classified as a “public accommodation,” you have an obligation to understand and comply with the Americans with Disabilities Act (ADA) — a federal law designed to prohibit the discrimination of people with disabilities. How does the ADA apply to property owners? Title III of the ADA requires all private places of public accommodation be accessible for the disabled. Examples of public accommodations include privately owned, leased or operated facilities such as: Hotels Restaurants Retail merchants Doctors’ offices The California Disabled Persons Act makes non-compliance with the ADA a violation [...]

2021-11-11T17:38:57+00:00August 7th, 2019|
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What Do to If Someone is Infringing on Your Intellectual Property Rights

What Do to If Someone is Infringing on Your Intellectual Property Rights: Trademark, Copyright, and Patent Infringement Intellectual property (IP) can be staggeringly valuable. Recently, the US-China trade war has escalated in part because of estimates that Chinese theft of US intellectual property costs between $225 and $600 billion annually, according to the U.S. Trade Representative. If you own intellectual property, you should be aware of how you can best protect that IP and what you can do to stop someone from infringing on your trademarks, copyright, or patents. Proper Registration The first and best line of defense against intellectual [...]

2021-11-11T16:55:03+00:00June 25th, 2019|
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