Intellectual Property attorney of Archer & Greiner, P.C., one of the New Jersey’s largest law firms. The firm serves businesses and individuals throughout the region and in other states and jurisdictions.
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 …
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.
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 …
Perfecting a security interest in intellectual property involves determining the appropriate filing venue. In general, Article 9 of the Uniform Commercial Code (“Article 9â€) 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.
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 (“GPLâ€) …
Individuals and businesses in all industries routinely hire consultants to create materials for them.  Examples of materials often outsourced include websites, custom software, brochures, manuals and product literature. Most purchasers of these items assume that they own all rights to them as soon as they pay for them. Actually, often times they do not.Â
The Digital Millennium Copyright Act (DMCA) was enacted to protect copyright owners from various forms of infringement in the digital age. It is perhaps most famous for its electronic copyright protection provisions. Those provisions make it unlawful to circumvent technological measures, e.g., encryption, that a copyright owner may use to prevent unauthorized access to music, …
A copyright protects the tangible expression of ideas, but not ideas themselves. A copyright will not protect any process, system, concept, principle or discovery (which generally are the subject of patents). For example, a copyright will protect the expression of a computer program as embodied in its operational software and/or on a website. It will …
With larger numbers of common language trademarks working their way into our daily lives, normal communication would become very difficult if courts gave absolute property rights to trademark owners. Section 33(b)(4) of the Lanham Act outlines the fair use defense to trademark infringement.
As traditionally used, “watermarks†are embedded text or images on a work of authorship, photograph or the like that identifies the author of the work. Their modern equivalents, “digital watermarks,†are used to fingerprint electronic media such as photographs, music and movies. Digital watermarks should be considered mandatory for artists and others who routinely post …