Why should I register my business name?

Why should you register your business name? Or, another way to say this is “do you really need an official trademark?” YES. YES. YES. And YES again!!!!! So many business owners are out here operating without taking advantage of the protections offered by both federal and state governments for trademarks. This is because a lot of business owners are not aware of what they can do to make sure their brand is protected. They don’t know about the trademark laws or how exactly

What Is A Work Made For Hire?

Copyright protects original works of authorship. You or your company may be undertaking projects that will result in copyrightable work. Computer software, sound recordings, photographs, graphic designs? These all may be copyrightable, allowing you as the owner to profit off of the creativity. Maybe you want to sell your creative products or even license the right to use them. Your right to do so will depend on who owns the copyright in the work. You may have put your whole h

Employment Contracts 101: Signed, Sealed, Delivered... I’m Yours!

Congratulations! You’ve received a job offer and plan to accept employment at the company of your dreams – OR maybe you are an employer who, after reading through dozens of applications and conducting tiresome interviews, finally found the right person to do the job. Whatever the case, you have come to that final stage in the hiring process: making the employer-employee relationship official. One way to do this is by signing an employment contract. EMPLOYMENT CONTRACTS: WHAT

The Sacred Sandwich Shot

Last week in court, the feud between Tocci, a construction company, and Fotohaus LLC, a photography firm, began over the use of a copyrighted image of a sandwich. Yep, you heard that right. So how did this all come about? Well, Tocci Building Corporation (“Tocci”), a construction firm headquartered in Massachusetts, used a picture of two hands holding a bun filled with meat and lettuce, on their website to promote bringing your lunch to work. Tocci is unique, in that it beli

Artificial Intelligence and the Future of Patents

A patent is a grant of exclusive rights given by the U.S. government to an inventor who has invented something, for example, a hairdryer, toaster, razor, telephone, etc.. The extraordinary progress in the world of new inventions and art can largely be given to the granting of patents rights which promotes innovation and the exchanging of ideas. The first official patent statute was created in 1790 and since then, the United States has been a booming birthplace for many ama

Shhhh! Can You Keep a Trade Secret?

Welcome Back! Remember my first blog post where I wrote about how to steal an honest companies money? Well, here we are again, guys. Three former employees of a company called LSC Development planned to form a rival company during normal business hours on the job. Yeah, you read that right. While working at LSC, the three defendants stole valuable information from LSC and used it to develop their own business with a similar business model -- all on LSC’s dime. The plaintiff's

“It's more than a feeling when I hear that old song they used to play”

Are we all familiar with the 1970s rock and roll band Boston? Most well-known for the songs “More than a Feeling,” “Long Time,” and “Peace of Mind.” The band was made up of five members: Tom Scholz, Barry Goudreau, Fran Sheehan, Sib Hashian and Brad Dep. In 1981, Goudreau separated from the group and signed a settlement agreement with the remaining Boston members permitting him to share in the royalties for the first two Boston albums and to use the term “formerly of Bosto

Adidas v. The Little Guy

On Monday, July 30, 2018, Adidas was served with a trademark infringement suit for using the phrase “Never Done” after agreeing to partner with, the creator, Abraham Berti Levy, a small business entrepreneur, to use it to market apparel. Levy is a business owner who trademarked the phrases “You’re Never Done ® ”, “YND ® ,” “Never Done ® ,” “We’re Never Done ® ” and “I’m Never Done ® ” and subsequently plastered it on his line of apparel. Levi and Adidas were originally suppos

Counterfeits: The Battle of Wits

Last week, Nike Inc. won a case that was filed against several shipping companies that unlawfully transported thousands of counterfeit Nike shoes overseas to the U.S. Ten shipments of approximately 20,000 Nike ® shoes worth more than $650,000.00, were transported to the U.S., intending to go to Saint-Gobain Corp (a French importer). Two of the ten shipments containing the counterfeit products from China, were seized by U.S. Customs. In addition to finding for the Plaintiff