It is Copyright & Trademark Month here at Boyer Law Firm! When is the last time you assessed the value of your intellectual property? Your unique brand or and logo may be worth more than you think. A brand or logo, as a creative expression, is property (intellectual property). It may be worth protecting these property rights...
Category: Intellectual Property
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Why You Need a Federally Registered Trademark
When people talk about trademarks they usually mean federal trademarks. Every time you don’t register a trademark federally you run the risk that someone else will register it. That may not sound so bad, but what that means is that that someone can keep you from using your own trademark anywhere else in the United States! You...
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Protecting Fictitious Names
A fictitious name is a company asset. It is the name with which consumers will come to associate a good or service with your company. Protecting fictitious names is one of the best investments a company can make. In Florida, there are risks associated with choosing a fictitious name, but also ways to insure your right to...
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DBA or Fictitious Name in Florida
Once you have created your Florida business and registered it with the State, you should consider whether or not there will be another name under which you will operate your business. This is common for restaurants and other retail-type businesses and is referred to as a DBA or Fictitious name in Florida. If your company...
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Choose Your Florida Company Name Carefully and Protect It
A South Florida condominium development recently changed its company name in order to avoid association with a terrorist group. The business, Isis Downtown, had developed a negative connotation because it had the same name as the al-Qaida splinter group ISIS. When starting a business, it is very important to choose the Florida company name wisely....
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Florida and Federal Trademarks and Service Marks
When you register a trademark or service mark, the first thing to decide is if you should register the mark with the Florida State Government, Federal Government, or both. A Florida trademark attorney can assist you in making this decision as well as assist you in applying for the mark. Although you can establish your...
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The Copyright Act
Under The Copyright Act of 1976, an owner of a copyright has exclusive reproduction rights, distribution rights, the right to create adaptations (derivative work), the right to prepare new works based on the protected work, and performance and display rights. The owner may license or sell any of these rights for a profit. It is common...
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OZ: The Great and Legal
Sam Raimi, director of the new film “Oz: The Great and Powerful” is being very careful not to infringe on the rights of the 1939 classic movie “The Wizard of Oz,” even though the movie is supposed to be a prequel. He was told that anything unique to the movie that was not in L....
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Twitter Followers: Company or Personal Property?
Jim Roberts, one of the top editors at the New York Times, recently quit the Times and the debate ensued as to who owned his 75,000 Twitter followers. Roberts accepted a buyout for the followers, but the issue has still come under debate and speculation. Twitter followers are a commodity in today’s social-media-obsessed society. One...
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Business Piracy of Intellectual Property
Business piracy is the unauthorized use of intellectual property owned by a business. Business piracy is stealing. Theft of intellectual property costs businesses in Florida and throughout the United States billions of dollars per year, according to the Federal Bureau of Investigation (FBI). On their website they state that intellectual property theft is the top...