Trademark, Patent and Copyright Attorney, Lawyer – New York, New Jersey, Philadelphia

GREAT TITLE, BUT CAN YOU PROTECT IT?

Mark J. Sever, Jr. — Thu, 07 Feb 2008 19:05:12 +0000

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. (more…)

TRADEMARK ENFORCEMENT IN THE VIRTUAL WORLD

Mark J. Sever, Jr. — Thu, 07 Feb 2008 18:59:23 +0000

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. (more…)

Open Source Software

John F. Letchford — Mon, 21 Jan 2008 22:35:17 +0000

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. (more…)

PROTECTING YOUR BRANDS FROM PARALLEL IMPORTS

Mark J. Sever, Jr. — Wed, 16 Jan 2008 21:19:13 +0000

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? (more…)

Beware of Domain Name Traffickers

John F. Letchford — Mon, 10 Dec 2007 01:44:54 +0000

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). (more…)

Protecting Your Company’s Trade Secrets

Mark J. Sever, Jr. — Fri, 02 Nov 2007 15:24:24 +0000

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. (more…)

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

Mark J. Sever, Jr. — Thu, 25 Oct 2007 16:37:22 +0000

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. (more…)

Security Interests in Intellectual Property

John F. Letchford — Mon, 15 Oct 2007 23:04:54 +0000

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. (more…)

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

Mark J. Sever, Jr. — Mon, 01 Oct 2007 21:59:15 +0000

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. (more…)

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

John F. Letchford — Tue, 25 Sep 2007 19:00:22 +0000

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. (more…)