Legal News
Naming Your Foodtruck
On behalf of The Myers Law Group posted in Intellectual Property on Monday, August 17, 2015. When selecting the name for your new foodtruck, or for any good or service, you need to carefully consider your options. It is important to make sure that your proposed name would not fall under the "generic" or "merely descriptive" categories, thereby eliminating or hurting your chances of obtaining a trademark registration (and making it easier for the competition to 'steal' your brand). When considering a name for your foodtruck, you want to make sure it isn't generic, descriptive, or deceptively misdescriptive. For example, MEXICAN FOOD TRUCK is generic for a food truck selling Mexican food. How do you know if your business name will meet the {trade}mark? When it comes to federal trademark registration, there are a few general categories of distinctiveness (in order from strongest to weakest): 1) Fanciful or coined (these are usually made up words [...]
Are You Considering Crowdfunding to Raise Funds?
On behalf of The Myers Law Group posted in Intellectual Property on Monday, August 17, 2015. Crowdfunding is a new way to help turn ideas into reality. Instead of going the traditional route of using your own money, borrowing from family or friends, taking out a bank or small business loan, or seeking investors through venture capital groups, an entrepreneur can create a page on one of the many popular crowdfunding platforms and bring interested potential investors to him/her. One of the perks of going the crowdfunding route is that your "investors" (the businesses and/or individuals who donate to your campaign) are not considered shareholders in your business venture. Contributors are merely people that want to see the product brought to market and are not entitled to nor do they expect to be repaid. For example, the Veronica Mars movie was funded through a Kickstarter campaign that raised $5.7 million dollars. If shareholders [...]
She Stole My Look!
On behalf of The Myers Law Group posted in Intellectual Property on Monday, August 17, 2015. Fashion is big business and, with good reason, clothing designers and companies are always looking for ways to protect their designs and collections. So how can a designer or company prevent others from stealing their designs? One way to protect your fashion brand is by utilizing copyright protection. A copyright is automatically fixed upon completion of a work. But by filing for a copyright registration with the US Copyright Office, a fashion designer can gain additional protections and abilities. It is important to note that a copyright won't protect the item itself, but it will protect elements of the item/line such as any original prints or patterns, unique or new arrangements of color, or unique design elements. Further, there is a provision in the Copyright Act that allows protection for some elements of a fashion design if [...]
The Benefits of Federal Trademark Registration
On behalf of The Myers Law Group posted in Trademarks on Monday, August 10, 2015. A trademark (or service mark) is a source identifier for goods and/or services. Under trademark law, a trademark owner receives basic trademark rights in a mark simply by using that mark in commerce. However, the rights one receives based upon use without registering are limited to the geographic area in which the use has occurred. So, for example, if a trademark owner has only sold in a single state, their rights would be limited to that state and adjacent areas that would be considered within the zone of natural expansion. This is why it is important to register a mark at the state or (more typically) federal level to obtain extra benefits and protection. When you obtain a state registration, you receive protection for the trademark throughout the entire state regardless of whether you have sold throughout the [...]
Copyright Infringement and the Fair Use Defense
On behalf of The Myers Law Group posted in Copyright on Thursday, July 23, 2015. One of the main defenses against a copyright infringement claim is fair use. This means, essentially, that while a copyright was infringed, the user is allowed to do so. This may seem contrary to the exclusive rights given to an author of original creative works, however, fair use is not meant to entirely remove those rights, but to simply permit certain limited and "transformative" uses of copyrighted material, including commentary, criticism, news reporting, teaching, scholarship, and research. To determine whether the fair use doctrine applies, courts will look to four factors, which must then be weighed to determine whether the rights of the copyright owner outweigh the public interest in permitting certain limited uses of protected works. The first factor the courts look at is the purpose and character of the use. Under this factor, courts will consider [...]
Protecting Against and Responding To Copyright Infringement
On behalf of The Myers Law Group posted in Copyright on Wednesday, July 22, 2015. Copyright is a form of intellectual property applicable to any creative work that is both fixed in some tangible medium and at least minimally creative, or original. Works that may receive copyright protection include: literary works, movies, musical works, sound recordings, paintings, photographs, software, live performances, architectural works, choreographic works, and television or sound broadcasts. Creators of such works are granted exclusive rights in their works at the time of creation. For example, whenever you write a blog post or make a drawing or other artwork, you automatically own the copyright in it. But who protects your copyright? It is largely up to the copyright owner or their legal counsel to police and enforce the owner's rights. If copyright protection is important for your business, you need a policy for searching for and responding to infringing activities. Your [...]
Idea Theft and Intellectual Property Infringement
On behalf of The Myers Law Group posted in Intellectual Property on Tuesday, July 21, 2015. Idea theft is a real threat that one often sees in the tech industry. A theft scenario may involve an entrepreneur pitching an idea to a prospective partner, intending to work together to create the next big social network or cellphone app. However, instead of working with you, the person you pitched may 'steal' your idea (without paying you for it) and bring it to another team to develop as their own concept. Of course, if confronted, that person will claim the idea is different or argue the idea came from some other source. There are ways, however, that you can protect yourself from idea theft. On a more basic level, avoid revealing too much to those who you are pitching your product to. A surface level explanation of your concept should permit potential partners to assess [...]
Trademark Considerations: Choosing a Business Name
On behalf of The Myers Law Group posted in Trademarks on Thursday, July 16, 2015. You've come up with a brilliant idea. Your family and friends are behind you and you're ready to make it big. But here comes your first potential hurdle: What do you name your new business? Companies creating trademarks (including a business name) often fail to thoroughly research other companies for the same trademark (name, logo, symbol, sound, color used as a distinguishing feature). If you are starting your own business, whether it is a food truck, clothing line, or tech start up, it is important to first make certain that your desired business name is available for your use. Taking another business's established name could lead to trademark infringement lawsuits and other legal trouble down the road. A primary consideration when choosing the name of your new venture should be the distinctiveness of the name. Strong trademarks are [...]
Nevada Increases Business Fees
On behalf of The Myers Law Group posted in Business Formation on Thursday, June 18, 2015. The cost of doing business in Nevada is going up... If you have a place of business in Nevada, or are considering forming a corporation, LLC, or other entity in the state, keep reading... The Nevada Secretary of State is dramatically increasing the annual State Business License fee for corporations from $200 to $500. As of July 1, 2015, the cost for the Annual and Initial Lists is also increasing for all entity types by $25. There is a brief window where certain companies can file before the end of this month and pay the $200 rate instead of the $500 rate (see below). For more information on the price increase, click here. To speak to one of our experienced business formation attorneys about filing before July 1, click here.
Sirius XM Faces a Class Action for Playing Pre-1972 Sound Recordings
On behalf of The Myers Law Group posted in Intellectual Property on Tuesday, June 16, 2015. Internet radio services continue to offer new lessons with respect to licensing songs for public performance. The latest lesson: Radio services should not simply follow the customs of the industry, because those customs may be contrary to law. Recently, a California district court granted a motion for class certification in a lawsuit against satellite and internet radio service Sirius XM Radio. The lawsuit will now cover anyone with a pre-1972 sound recording that was played on Sirius XM's service on or after August 21, 2009 without authorization. The action began when Flo & Eddie, Inc., a corporation that owns the rights to the sound recordings of the music group "The Turtles," sued Sirius XM for performing older recordings, and the judge granted them a summary judgment against the satellite radio service. This ruling came as a surprise [...]