If someone claims you have stolen their work, you need to understand what, if any, protection they had. People and companies can protect their intellectual property (IP) in one of three ways: 1. Trademarking it How do you know who makes or owns a particular product?...
Intellectual Property Litigation
When someone steals your original work, that’s plagiarism
It's hard to come up with an original thought these days. It seems like everything has been said before, and every idea has been taken. This can be a major problem for students and professionals looking to stand out from the crowd. How do you prove that someone has...
What constitutes “fair use” of copyrighted materials, like songs?
Maybe you just discovered someone else using your original works online, but they claim that their behavior falls under fair use. Perhaps you have just received a cease-and-desist letter from another content creator regarding something you posted on your website or...
Trademark infringement must consider more than lost sales
There are cases where people find out that someone else has infringed on their trademark and created knockoff products, and they want to take them to court to get them to stop. They also want to be compensated for the sales that person made, as the consumers assumed...
How to show you reasonably tried to protect your trade secrets
If your company is thriving, then you probably possess certain trade secrets that have helped you build the successful enterprise you have. You might have access to a proprietary customer list, have a special recipe or have created a unique operational process that...
Is another business using your logo or your slogan?
Your company's brand is what helps differentiate it from the competition. Customers who have used your goods or services in the past may become repeat customers and could even recommend your business to others. Your company's name, logo, packaging, and slogan can all...