Copyright law may be used to protect several forms of creative expression in the areas of art, film, music, and literature. Once you have obtained a copyright on your work, you typically have the exclusive right to perform it, reproduce it, make derivative works from...
Trademarks and Copyrights
Failing to protect intellectual property is a common mistake
Some business owners are unaware or dismissive of the importance of getting a federally protected trademark, patent or copyright. This is a misstep that can cost them in myriad ways. It can even lead to them not being adequately compensated for their work. That might...
Cease-and-desist letters for trademark infringement
A cease-and-desist letter is a formal legal document that demands the recipient stop engaging in a specific unlawful or improper activity. These letters are commonly used in response to trademark or copyright infringement, but can also address issues such as...
‘Willful’ copyright infringement and damages
Because of digital technology and the Internet, it's easier than ever to copy something and distribute it all over the world. This has profound implications for copyright law and business. It's so easy to copy protected works that some people think that copyright law...
Chipotle lawsuit illustrates trademark law
When a company has a trademark on a word, this doesn't necessarily mean it has exclusive rights to the word. It means it has exclusive rights to the word in certain contexts in the marketplace. This may seem like just a matter of semantics, but it has important...
Protecting your trade secrets
Trade secrets are some of your most valuable intellectual properties. There are many things that constitute trade secrets, but generally, they are anything that has inherent economic value for your business. Your trade secrets can be your information, designs,...
What are the benefits of registering a copyright?
Artists, authors, musicians, photographers and others in New York create various works in their careers. These are original works that people put a lot of time and effort into creating and in many situations, want the world to experience them. However, as it is often...
Why distinctiveness matters in the trademark context
A trademark can be extremely valuable to your business. It can build brand recognition and serve as a symbol of quality and goodwill. But creating and policing a mark can be more complicated endeavors than many people realize. That’s why as you navigate your...
Safe harbor and takedown notices
In New York, protecting one’s intellectual property is a fundamental part of maintaining and growing a business. Since the basics are often changing, this can be a complex area that many business owners are unaware of how to navigate. For example, if an entity owns a...
The 101 on trademark infringement
Whether it is the Nike “swoosh” or McDonald’s “Big Mac” trademarks are part of our every-day lives. Trademarks are significant and valuable assets to any business, and businesses need to ensure their trademarks are fully protected. This means ensuring trademark...