/Intellectual Property

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 [...]

2020-04-22T08:36:09+00:00December 22nd, 2019|

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 [...]

2020-08-07T17:20:04+00:00November 10th, 2019|

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 [...]

2019-10-11T11:06:02+00:00September 11th, 2019|

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 [...]

2020-08-07T17:18:35+00:00June 25th, 2019|

United States Supreme Court Ruling Requires Copyright Registration Prior to Lawsuit

United States Supreme Court Ruling Requires Copyright Registration Prior to Lawsuit Registration Requirement and Retroactive Protection Earlier this month, the Supreme Court of the United States held that once a registration of the copyright occurs, a copyright owner can recover for infringement. This is affirming Section 411(a) under the Copyright Act of 1976 (“Copyright Act”), which states a copyright registration is required before the copyright owner may file a lawsuit against any infringer(s). The case, Fourth Estate Public Benefit Corp. v. Wall-Street, further established that a “copyright owner can recover for infringement that occurred both before and after registration.”  Thus, [...]

Is Your Start-Up Safe from Cybersecurity Breaches?

Do you intend to start a new business venture in 2018? Are you developing a fantastic product with some business associates that you are keeping secret for the time being? What steps are you taking to get your start-up business off on the right foot? If you handle your finances, share documents and store files electronically, you are in danger of getting hacked. Every business -- including your start-up -- is a potential target. In fact, sending emails and storing information on the Cloud has already exposed you to the dangers of cyber-attacks. How to help protect your business from hackers [...]

2020-04-16T06:07:06+00:00September 17th, 2018|Tags: , , |

Is Your Barbershop Conversation Protected by Copyright?

On behalf of The Myers Law Group posted in Intellectual Property on Thursday, April 19, 2018. Can you seek intellectual property protection if you film people talking in a barbershop? It is a hot topic in sports-talk circles right now. The answer has surprising lessons for anyone interested in IP law. Dueling barbershop talk videos Basketball superstar LeBron James sent a cease and desist letter to Nick Saban, the head football coach of the Alabama Crimson Tide. In the letter, James accuses Saban of stealing his video concept in violation of his intellectual property rights. James has a web series called "The Shop" in which [...]

2020-04-16T06:02:51+00:00April 19th, 2018|Tags: |

Trade dress protection for Valentine’s Day offerings

On behalf of The Myers Law Group posted in Intellectual Property on Tuesday, February 13, 2018. It's that time of year again when stores are awash in red and pink hearts. Valentine's Day is here and with it comes holiday spending. About 54% of American's will be participating in Valentine's Day celebrations and gift exchanges. Estimated at around $18.2 billion or roughly $137 per person, Valentine's Day spending is dwarfed only by Christmas and Halloween. A small portion of that figure will be spent on candy and chocolates. Candy sales account for $1.7 billion of Valentine's Day sales. Given the amount of money at play, [...]

2018-09-19T08:21:34+00:00February 13th, 2018|Tags: , |

Did you suffer losses when a counterfeiter copied your designs?

On behalf of The Myers Law Group posted in Intellectual Property on Monday, January 15, 2018. Every 90s sitcom, especially Seinfeld and Friends, made jokes about buying fake designer clothes and jewelry on street corners. It was enough to make you think that every corner of every major city had a table on it full of fake Prada handbags and Swiss-esque watches. Maybe there were bootleggers on every corner, and maybe there weren't, but when you read about 400 fake Air Jordan sneakers being ceased by the government, it really makes you wonder about the size of the counterfeit merchandise industry. If they had been real Nike shoes, their value [...]

2020-04-16T06:09:25+00:00January 15th, 2018|Tags: , |

Protecting your business with non-disclosure agreements

On behalf of The Myers Law Group posted in Intellectual Property on Monday, November 27, 2017. Non-disclosure agreements (NDAs) are taking a hit in the media with the Harvey Weinstein harassment scandal. The movie executive is accused of using NDAs to keep his staff quiet about his personal behavior, which allegedly includes sexual assault and retaliation against women who refused his advances. However, non-disclosure agreements are essential for businesses, especially high-tech companies and start-ups that need to protect their intellectual property. Essential elements of non-disclosure agreements Don't settle for boilerplate language you may see in generic NDA forms. Instead, drill down on the specifics, and [...]

2018-09-19T08:22:52+00:00November 27th, 2017|Tags: , |