Archer IP

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About Archer IP

A&G IP is the intellectual property “blog” or legal blog of Archer & Greiner. We aim to provide timely intellectual property information and news of interest to our clients and the business community.

We are also one of New Jersey’s largest law firms. The firm serves businesses and individuals throughout the region and in an increasing number of other states and jurisdictions. With a network of regional offices, the firm has more than 140 lawyers practicing in all major legal disciplines.



Our Offices

One Centennial Square
33 East Euclid Avenue
Haddonfield , NJ 08033
Phone: 856-795-2121

One South Broad Street
Suite 1620
Philadelphia , PA 19107
Phone: 215-963-3300

700 Alexander Park
Suite 102
Princeton , NJ 08540
Phone: 609-580-3700

Plaza One, 1 State Route 12
Suite 201
Flemington , NJ 08822
Phone: 908-788-9700

300 Delaware Avenue
Suite 1370
Wilmington , DE 19801
Phone: 302-777-4350

GREAT TITLE, BUT CAN YOU PROTECT IT?

by admin

Many people believe that titles to publications or other works cannot be protected. This misconception stems from the fact that although copyright law protects the content of a particular publication, the Copyright Act provides that words, slogans and short phrases are not protectable under copyright law. Copyright Office regulations and numerous court decisions have determined that titles are equivalent to short phrases and, as such, are not protectable. Read the rest of this entry »

Posted in Uncategorized | Comments Off on GREAT TITLE, BUT CAN YOU PROTECT IT?

TRADEMARK ENFORCEMENT IN THE VIRTUAL WORLD

by Mark J. Sever, Jr.

With the ever increasing popularity of virtual worlds such as Second Life, trademark owners need to be aware of both the opportunities and challenges that their brands may face in these newly emerging markets. As a trademark owner, if you choose to conduct business in the virtual world, be aware that all of the attendant concerns of brand reputation and disparagement you face in the real world, such as counterfeiting, copyright infringement and misappropriation of property, translate into the virtual space. Read the rest of this entry »

Posted in Copyrights, Internet/Domain Names, Trademarks | Email the Author »

Open Source Software

by John F. Letchford

Open source software code is publicly available and enables users to modify and disseminate new code including their modifications. Those who incorporate modifications into commercial software should consider both the patentability and infringement aspects of their efforts. Read the rest of this entry »

Posted in Copyrights, Licensing, Patents | Email the Author »

PROTECTING YOUR BRANDS FROM PARALLEL IMPORTS

by Mark J. Sever, Jr.

As our economy becomes increasingly globalized, prudent trademark owners will remember that it is their responsibility to maintain control over the distribution channels, as well as the ultimate geographic sale location, of their branded products. Markets around the world are being flooded with “parallel imports” and “gray market” goods – branded goods that are imported into a market and sold there without the consent of the owner of the trademark in the markets. These goods are not counterfeit (i.e., manufactured by someone other than the brand owner). Rather, they are manufactured by, for, or under license by the brand owner, but are imported into a jurisdiction different from that intended by the trademark owner. The question for trademark owners is, what rights do they have to stop the sale of gray market goods? Read the rest of this entry »

Posted in Licensing, Trademarks | Email the Author »

Beware of Domain Name Traffickers

by John F. Letchford

Internet domain name registration is a first-come, first-served process. Because of the simplicity and relative low cost of registering a domain, trafficking in domain names has been commonplace since the inception of the Internet. It began with domain name hijacking. In its simplest form, hijacking is the registration of a domain name or names which incorporate the company name or personal name of a famous company or person and then offering to sell or, in fact, selling the domain to the rightful owner. This behavior, known as “cybersquatting,” was effectively outlawed by enactment of the Anticybersquatting Consumer Protection Act of 1999 (ACPA). Read the rest of this entry »

Posted in Copyrights, Internet/Domain Names, Trademarks | Email the Author »

Protecting Your Company’s Trade Secrets

by Mark J. Sever, Jr.

Trade secrets — information that has value because it is not generally known — are perhaps the most difficult form of intellectual property to protect.  This is due in no small part to the fact that the information must actually be kept secret, or at least its confidentiality maintained, for as long as trade secret protection is sought.  Read the rest of this entry »

Posted in Employment Issues, Trade Secrets | Email the Author »

Company Computer System Usage Etiquette – How to Establish Guidelines for Your Employees

by Mark J. Sever, Jr.

Many employers are finding their companies held liable for an employee’s misuse of a computer system, bringing the company negative publicity and in some instances, subjecting it to civil or criminal liability.  Therefore, it is important that employers take a proactive approach in setting guidelines governing their employees’ Internet and e-mail usage.  Read the rest of this entry »

Posted in Employment Issues | Email the Author »

Security Interests in Intellectual Property

by John F. Letchford

Perfecting a security interest in intellectual property involves determining the appropriate filing venue. In general, Article 9 of the Uniform Commercial Code (“Article 9”) applies to transactions intended to create a security interest.  However, Article 9 can be preempted by certain federal laws authorizing other procedures for recording liens. Read the rest of this entry »

Posted in Copyrights, Patents, Trademarks | Email the Author »

New Jersey Employers Beware – Court Decision Finds Employer Liable for Employee Misconduct

by Mark J. Sever, Jr.

In light of a recent New Jersey Superior Court Appellate Division decision, it is possible for an employer to be held liable to third parties harmed by its employee if the employer has reason to know that the employee is engaging in Internet conduct that is potentially harmful, yet fails to take remedial action.  Read the rest of this entry »

Posted in Employment Issues, Internet/Domain Names, Litigation | Email the Author »

Open Source Code: An Intersection Between Copyright Law and the General Public License

by John F. Letchford

Independent computer programmers and software developers are increasingly turning to open source code in writing new computer programs. Therefore, there is a growing need for both programmers and developers as well as companies who contract for their services and distribute their software to understand both copyright law and the GNU – General Public License (“GPL”) which governs open source code. Read the rest of this entry »

Posted in Copyrights, Internet/Domain Names, Licensing | Email the Author »

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