WHO IS AN INVENTOR AND WHY GETTING IT RIGHT IS IMPORTANT

Invention involves conception of a useful idea coupled with its reduction to practice. In determining conception, more than a bare idea is required. Conception is the formation in the mind of a definite and permanent idea of the complete and operative invention as it is to be thereafter applied in practice. Reduction to practice is …

But I Paid For It – Securing Copyright Ownership In Works Created By Your Independent Contractors

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. 

Security Breach Notification: Minimizing Legal Complaince Exposure and Reputational Risks for Your Company

As a business owner whose database includes confidential personal information on clientele, you have taken every precaution to secure this data to prevent a security breach. But even with the best security measures in place, occasionally companies find themselves in the unfortunate position of having unintentionally leaked this information to an unauthorized party.

Trademark Owners and Applicants Beware – Overstating the Goods and Services of Your Mark Can Result in Cancellation of the Registration

The Trademark Trial and Appeal Board (“TTAB”) of the United States Patent and Trademark Office (“USPTO”) recently adopted a new standard for trademark applications that can have disastrous consequences for trademark owners. To understand the significance of the new standard, one must first understand the nature of trademark rights.

“Authorization” and “Transmission” — Interpretations of the Computer Fraud and Abuse Act

While initially conceived in 1984 to punish hackers and safe guard classified financial and credit information relating to government and financial institutions, the Computer Fraud and Abuse Act (the “CFAA”) has evolved over the past two decades to reflect emerging technology in the areas it was created to protect. Specifically, the CFAA affords employers civil …

Stay Clear of Famous Trademarks

Everyone recognizes famous trademarks. Who is not aware of Microsoft, Rolex, McDonald’s and Coca Cola? The tremendous value in these marks lies in their universal recognition. Because of the renown of famous trademarks, it is not uncommon for smaller businesses to attempt to capitalize on the goodwill of famous marks by associating their goods or …

Identifying the Anonymous Blogger

Increasingly, anonymous bloggers are posting damaging and sometimes libelous comments directed against others on the Internet. However, identifying an anonymous blogger is not easy. Federal law requires an ISP to notify a blogger upon a demand for his identify. Courts typically become involved when an Internet Service Provider (ISP) files suit to ask relief from …

Who Are We?

A&G IP is the Intellectual Property practice of Archer & Greiner, P.C., one 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 …

Using the Digital Millennium Copyright Act to Stop Online Copyright Infringement

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, …