Five Value Additions of an Attorney’s Assistance with Trademarks

It is not necessary to have an attorney representing you to register your trademark. However, there are some very good reasons to have an attorney’s assistance.

Summary Regarding Trademarks and Brand

I wrote about the basics of trademark registration and branding previously. In summary, legal Trademark protection is about unfair competition and protecting consumers from misrepresentations. The idea with the protection is that consumers who come to recognize a distinctive mark as indicating the source of goods or services should be protected […]

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Buying a Business—Noncompete Provisions

The last thing a buyer wants is for the seller to turn around and restart the business they just sold.  Noncompete provisions are a key part of providing some security that there is some recourse against the seller if they diminish the value of the business by competing.  Of course, noncompetition provisions require careful negotiation and drafting.

Enforceability

Each state has different law applicable to noncompetes.  In Colorado, C.R.S. 8-2-113 generally prohibits restrictions on competition except in certain situations.  One of the […]

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Enforceability of Web-based Terms of Sale

An article by Business Law Today from September talks about the enforceability and use of terms of sale which are based on a website entitled “Do Web-based Terms of Sale Work? Only through Incorporation by Reference”.  When a business engages in a sale they engage in a contract.  Sometimes the buyer signs a written contract, sometimes they affirmatively click through an option which states they agree to the purchase.  However, a contract can be as simple as an agreement that […]

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Confidential Information Regarding Clients in a Dynamic Internet Database Can Be Trade Secrets and Support a Nonsolicitation Agreement

In a recent Colorado case involving a debt collection agency that stored customer service information in a password protected web database, the Colorado Court of Appeals upheld the enforcement of claims for misappropriation of trade secrets and breach of a nonsolicitation agreement against a independent sales agent who left to work for a competitor.  The case reinforces the enforceability of properly drafted nonsolicitation agreements which support the protection of trade secret information.  It also provides some insight into how dynamically […]

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Resources for Website Compliance with Child On-line Privacy Protection Act

The Small Business Administration has a lot of good resources available for small businesses.  Among those are some guides from the Federal Trade Commission about complying with the Child On-Line Privacy Protection Act (COPPA) originally passed in 2000.

Applicability

COPPA is geared toward operators of commercial web sites directed to children under 13 and which collects personal information from the children, or general audience websites where the operator has actual knowledge that they are collecting information from children.

Requirements

The primary requirements of the […]

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Intellectual Property (IP) Audits

One of the functions that an attorney can provide, and that The Griess Law Firm, LLC offers to clients, is the IP Audit.  Many of the fundamental assets held and used by businesses are intellectual property assets.  However, many times, businesses have not taken the actions they are able to take to fully protect or realize the value of their assets.  This can be as simple as registering the copyright for a software application to secure enforcement rights, modifying contracts […]

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Content is King: The Reality of the Importance of Adding Value and How Good Management of Copyrights and Trademarks Matter More and More

Basic Practical Examples of Content Adding Value

I remember when I purchased my iPhone.  I was already on Sprint, so for me, it was between the iPhone and the then new Palm Pre.  (The Google phones weren’t out yet.)  What tipped the scale to the iPhone were the applications.  Now all the smart phones are emphasizing the applications because that is what consumers want.

Following this trend, the Wall Street Journal published an article recently discussing the developing approach to televisions being […]

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Civil Theft, Breach of Contract, and Software Development with a Copyright Ownership Defense in Colorado State Court

A recent Colorado Court of Appeals case addresses an interesting situation involving claims by a software company which came up with an idea for a software program and then had a falling out with the company it hired to market and later write the program.  The case is Steward Software Company, LLC v. Kopcho, No. 09CA1690, announced on September 2, 2010.  Specifically, the software company came up with an idea for a banking software and hired the marketing […]

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Use of Trademarks by Online Hosts OK

Recent federal cases point out that online hosts such as eBay and Google are not responsible for their users’ trademark infringements.  A Second Circuit case, Tiffany v. eBay and Google v. Louis Vuitton Malletier, related to the identification of jewelry on-line as being from Tiffany, however, many of the items sold were counterfeit items.  To the extent companies like Tiffany want to prevent such users from using their mark for false goods, they must track down each user and then […]

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