Category: IP Law

The Death Of The Internet Has Been Greatly Exaggerated

The news, I’m afraid, is dire. The Internet is about to be destroyed by big media. It is about be killed by two Congressional bills – The ProtectIP and The Stop Online Piracy Act (SOPA) – that all-powerful big media lobbyists are now pushing through Congress. These bills will censor the Internet, turn it into [...]

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IP Primer: What is the difference between a patent, trademark, and copyright?

I am often asked the following questions: Can I patent an idea? Can I trademark my design? How can I protect my invention? An idea can not receive patent protection; a simple drawing can not be a trademark; and copyrights have to be original.  Accordingly, below is an explanation of the three basic intellectual property [...]

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Can You Copyright A Social Network Avatar?

Social networks and virtual worlds are quickly becoming part of mainstream culture.  When using these sites, a user is usually allowed to create intellectual property such as writings, music or graphics including avatars.  Does a user have any rights in the avatar, which represent the user, when using these services?  Well it depends on the [...]

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When and How to Effectively Use Licensing Agreements

Intellectual Property is just that — property.  It is a very valuable asset to the owner.  It can be brought and sold, used as leverage, and licensed.  Licensing Intellectual Property is a great source of income for IP owners.  Licensing Intellectual Property serves two purposes for the IP owner:   It provides valuable  income and [...]

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Bloggers, Is Your Content Safe Under The “Fair Use” Doctrine?

As blogging evolves, it is becoming increasingly important to recognize the legal limitations associated with building upon the works of others. Under 17 U.S.C. §504(c), damages for a single copyright infringement can range from anywhere between $750 to $30,000 per infringement. Paradoxically, some of bloggers’ best content incorporates the authorized works of others. The safest course of action is to properly consider the four questions raised in the statute:

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5 Tips to Protect Trademarks Online

With the explosion of blogs, vlogs, online magazines, and numerous internet businesses, there is tons of unprotected intellectual property on the internet.  What is intellectual property?  Intellectual Property are creations of the mind.  These creations include trademarks, copyrights, and trade secrets. Trademarks are one of the most common forms of intellectual property on the internet.  [...]

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