Intellectual Property Law Archives

Digital Millenium Copyright Act (DMCA) Takedown Notice Frequently Asked Questions

What Is A Digital Millennium Copyright Act DMCA Takedown Notice? The DMCA Takedown Notice is made pursuant to the Digital Millennium Copyright Act (DMCA) which is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to …

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How To Protect Your Content On Social Media?

Business Law, Entertainment & Media Law, Intellectual Property Law / By thesterlingfirm

Steps To Protect Your Content On Social Media There are a few steps you can take to protect your content on social media that you post: Use Copyright Notices. If you are concerned about the unauthorized use of your content, you can use a copyright notice to inform others that the content is protected by …

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Trademark Protection

Business Law, Intellectual Property Law / By thesterlingfirm

Do You Want Trademark Protection For Your Business? Your trademark protection is a valuable asset to your business. It represents your brand and distinguishes you from your competitors. The legal rights that come with having a registered trademark are essential to your long-lasting success in the marketplace. Consider how to protect your trademark with these …

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Difference Between Trademarks and Copyrights (size reduced)

Copyrights and Trademarks Differences

Intellectual Property Law / By thesterlingfirm

BUSINESS LAW TIP: COPYRIGHTS AND TRADEMARKS As a creative or a business entrepreneur, you must protect your mental labor and creations. The area of law that offers this type of protection is known as Intellectual Property, and this consists of Copyrights and Trademarks. Copyrights and trademarks are completely different in terms of the protection they …

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Website Legal Notices

Business Law, Entertainment & Media Law, Intellectual Property Law / By thesterlingfirm

Do You Know The Legal Significance Of The Privacy Policy, Terms of Use, & Disclaimer? It is important to work with a lawyer! Privacy Policy, Terms of Use, & Disclaimer are the three most important legal documents you must have on your website. The privacy policy statement declares how a website collects, handles, & processes …

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Color As A Trademark

Business Law, Entertainment & Media Law, Intellectual Property Law / By thesterlingfirm

Question: Can A Color Be Protected As A Trademark? Short Answer: Yes, color can be trademark protected in the United States. Until the 1980’s, the U.S. trademark law refused to recognize a single color as a brand. Since then, it can serve as a source identifier of your goods or services so long as it …

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Intellectual Property Law - Copyright (size reduced)

Copyright Law Tip

Entertainment & Media Law, Intellectual Property Law / By thesterlingfirm

Do You Want To Protect Your Creative Works? Copyright is intellectual property which protects the right to “copy”. The owner of a copyrighted work has the exclusive legal right to copy, use, & permit others to use the work. In other words, copyright is the exclusive legal right given to an originator or an assignee …

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Fair Use Factors – Business Law Tip

Business Law, Entertainment & Media Law, Intellectual Property Law / By thesterlingfirm

Intellectual Property Legal Tip: Fair Use Factor Who Out There Needs To Use Other People’s Work In Their New Creations? Do You Know How To Apply “Fair Use”? DYK The Fair Use Doctrine allows you to use other’s copyrighted work! Factor The Nature Of The Work The nature of the work being used is just …

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Trademark Law - Use of Symbol (Size Reduced)

Trademark Symbol

Business Law, Entertainment & Media Law, Intellectual Property Law / By thesterlingfirm

Do You Know How To Protect Your Business? Do You Know What Is A Trademark And The Use Of Symbol? Did you know that you can only use the symbol consistent of an “R” with a circle once you registered your trademark with the USPTO. You can identify your work using the symbol ™ without …

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USPTO Trademark Protection

Business Law, Entertainment & Media Law, Intellectual Property Law / By thesterlingfirm

Trademark Law Tip: Conduct A Search With The USPTO Do not get too attached to your business, product or brand name, before you do a thorough trademark search. The United States Patent and Trademark Office (USPTO) keeps a database of every trademark which has been registered or applied for. Before you apply for registration of …

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Brand Name Differs From Company Name

Business Law, Entertainment & Media Law, Intellectual Property Law / By thesterlingfirm

Question: Can Your Brand Name Be Different From Your Company’s Name? The answer is “YES”! Registering your business name means getting permission from the state government to open & operate a business as per the state laws. You must register your business with the specific Secretary of State to allow your business the protection of that …

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The Relationship Between Intellectual Property And Venture Capital (size reduced)

Raise Capital For Your Business

Business Law, Intellectual Property Law / By thesterlingfirm

Do You Want To Raise Capital For Your Business? We can help you raise capital or money for your business by providing you with the best legal advice! Your legal rights are the foundation for your business success. It’s important to secure and protect your legal rights in your business so that you have the …

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Legal Issues For Your Business

Business Law, Intellectual Property Law / By thesterlingfirm

Are Legal Issues Coming Up For Your Business? There are many professional services that you should know if you are running a business and need to set up your operation systems. Systems are important. “S.Y.S.T.E.M.” can be a acronym that stands for “Save Yourself Stress Time Energy and Money”. There are very useful services for …

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Trademark Domain Name?

Business Law, Entertainment & Media Law, Intellectual Property Law / By thesterlingfirm

USPTO vs. Booking.com: Whether a “.com” can transform a generic mark into a registrable trademark under the Lanham Act? The United States Supreme Court has had several cases that have a major impact. Both of which are on trademark law and intellectual property protection strategy for brand owners. One of these cases, USPTO vs. Booking.com, …

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Trademark Modernization Act

Intellectual Property Law / By thesterlingfirm

TRADEMARK LAW UPDATE: Trademark Modernization Act The Trademark Modernization Act Establishes New Trademark Cancellation Procedures ~ On December 27, 2020, the Trademark Modernization Act of 2020 (“the Act”) became law as part of the Consolidated Appropriations Act, 2021. Among other changes, the Act includes important amendments to the Lanham Act: Establishes two new ex parte …

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Copyright Law Tip

Intellectual Property Law / By thesterlingfirm

Who Is The Copyright Owner? Copyright law states that the creator of a work is its author. This is true, however there are exceptions. The first exception is employment relationships. If the creator is an employee working within the course and scope of employment, then consider the employer is the author of the creative work. …

Trademark Lawyer

Business Law, Entertainment & Media Law, Intellectual Property Law / By thesterlingfirm

https://youtu.be/mSC_BN4pawA TRADEMARK LAW Trademark is defined as a distinctive mark, signature, or device, affixed to an article or to its wrapper, package, or container, to show that it is marketed, manufactured, grown, or selected by a particular person, firm, or corporation. A Trademark is an insignia, which serves as a guarantee that the product is …

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Right of Publicity

Business Law, Civil Litigation, Entertainment & Media Law, Intellectual Property Law / By thesterlingfirm

Publicity Rights The right of publicity allows a person to have a monopoly on their image. People work hard to improve their valuable public image and their ability to publicize themselves. The right of publicity allows an individual to control and profit from the commercial use of his or her name, likeness, and persona. It …

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Trademark Litigation Lawyer

Intellectual Property Law / By thesterlingfirm

Trademark Litigation In trademark litigation‚ a frequent issue is whether or not a likelihood of confusion exists between two trademarks. Many factors are considered in this determination‚ but the two primary factors are the similarity of the trademarks and the similarity of the goods or services. If a typical consumer is confused between the two …

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Copyright Lawyer

Intellectual Property Law / By thesterlingfirm

Brief History of Copyright Many entertainment and business professionals deal mostly with copyright law. The word “copy-right” essentially means the right to copy. Originally, it was a right only held by authors and it only covered copying. Copyright was developed from the U.S. Constitution which states: “The Congress shall have the power to promote the …

Legal Issues In Telling Real Life Stories

Business Law, Entertainment & Media Law, Intellectual Property Law / By thesterlingfirm

Life Story Agreements QUESTION: If I want to talk about John Kennedy having Marilyn Monroe as a mistress, or talk about what life in my family was like growing up, don’t I have a right to do that? (Rights other people have to privacy, to control the exploitation of their name, to defend against libel …

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Defamation Lawyer

Business Law, Entertainment & Media Law, Intellectual Property Law, Personal Injury Law / By thesterlingfirm

WHAT IS DEFAMATION? Everyone has a right to not have their reputation damaged by false statements. Defamation is the unprivileged publication of a false statement of fact that injures another’s reputation. There must be a balance of interests between protecting an individual’s personal reputation and the freedom of speech. The elements for the cause of …

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Legal Requirements To Tell True Life Stories

Business Law, Entertainment & Media Law, Intellectual Property Law / By thesterlingfirm

QUESTION: If I want to tell a true story, what should I do first, second, third? Legal requirements to tell true life stories. (Consult with an experienced entertainment Attorney before you write the story if you are the writer and before you produce the project if they are a producer. Errors and Omissions Insurance will …

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What Is A Life Story Rights Agreement?

Entertainment & Media Law, Intellectual Property Law / By thesterlingfirm

Terms Of The Life Story Rights Agreement (1) Extent Of The Rights: Whether the agreement will include creating remakes, sequels, television series, merchandising, novelization, live-stage rights and radio rights; whether the story is limited to only a particular time period of the individual’s life; and whether the rights worldwide or limited in geography. Typically, the …

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How Can I Tell A True Life Story?

Business Law, Entertainment & Media Law, Intellectual Property Law / By thesterlingfirm

QUESTION: So other people have rights that have to protect, but people do tell these stories all the time. Sometimes the stories say Person X killed Person Y, or Person A had an affair with Person B that destroyed a family. How Can I Tell A True Life Story? How do these people get away …

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Intellectual Property Law

Digital Millenium Copyright Act (DMCA) Takedown Notice Frequently Asked Questions

Trademark Protection

Copyrights and Trademarks Differences

Website Legal Notices

Color As A Trademark

Copyright Law Tip

Fair Use Factors – Business Law Tip

Trademark Symbol

USPTO Trademark Protection

Brand Name Differs From Company Name

Raise Capital For Your Business

Legal Issues For Your Business

Trademark Domain Name?

Trademark Modernization Act

Copyright Law Tip

Trademark Lawyer

Right of Publicity

Trademark Litigation Lawyer

Copyright Lawyer

Legal Issues In Telling Real Life Stories

Defamation Lawyer

Legal Requirements To Tell True Life Stories

What Is A Life Story Rights Agreement?

How Can I Tell A True Life Story?

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