Our Office specializes in the practice of representing individuals and entities involved in copyright infringement; trademark infringement - dilution or tarnishment; cybersquatting; disputes involving rightful ownership of domain names; preserving the rights of privacy and publicity to those whose confidential communications have been revealed or whose likeness has been displayed without permission; drafting and enforcing trade secret agreements, covenants not to compete; disputes with insurance carriers over coverage; and,negotiating all types of contracts and agreements
Copyright Protection embodies the expression of ideas, not the ideas themselves. Ideas are free as the air; it is how you express them that is worthy of protection. And so, copyright “subsists in original works of authorship fixed in any tangible medium of expression…”
This is only part of the definition, but it is the most salient statement about copyright. Any work independently created and fixed in such a way as it can be read or perceived is entitled to a copyright.
Rights of Privacy and Publicity
The Right of Publicity prevents the unauthorized commercial use of a person’s name, voice, photograph, or other likeness for the purpose of advertising or selling products or services implicates that person’s right of publicity. It gives “that” individual the exclusive right to license the use of their identity for commercial promotion.
Trademarks symbolize the goodwill of the product or service to consumers. A trademark exists where there is a market for the goods or services that the mark identifies. The owner of the mark is protected from the erosion of goodwill and the public is protected from deception as to the source and quality of the goods.
If you were in Bangkok, Thailand or Keokuk, Iowa and were thinking of purchasing athletic shoes....
Trade Secret protection may be available under state law for things such as “formula, pattern, device or compilation of information” that is used in business and gives the owner “an advantage over competitors who do not know or use it”.
We have vast experience in drafting and sustaining end user license agreements (EULAs). EULAs are critical to the integrity of your website and your product. They set forth the rules . These are the terms and conditions that must be adhered to by visitors to your site. If, for instance, you offer a free trial version of the software to visitors, their use of the program vrates a vulnerability for you. The trial version is often the location where hackers introduce fraudulent registration keys and unlock the program to unlimited use without your knowledge or consent.
Covenants Not to Compete
Often times, when a business is sold the buyer attempts to prevent the seller from re-entering the same business in the same community. Since the buyer is paying the seller no only for ther tangible goods of his business, but also for the goodwill he should be permitted to capitalize upon that purchase to the greatest extent possible.