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Archives for the ‘Intellectual Property Law’ Category

Copyrighting The Floor Plan: Architectural Works

By Elizabeth T Russell • Jan 3rd, 2009 • Category: Intellectual Property Law, Newest Post

Although copyright protects architectural work, protection does not extend to the “individual standard features” of such work such as common windows, doors and other “staple” building components.
US Copyright Law defines an “architectural work” as: the design of a building as embodied in any tangible medium of expression, including a building, architectural plans or drawings. The
work [...]



School Colors: Use Can Be Trademark Infringement

By Elizabeth T Russell • Dec 20th, 2008 • Category: Intellectual Property Law, Newest Post, Sports & Entertainment Law

The Fifth Circuit has ruled in favor of four universities (Lousiana State University, the University of Oklahoma, Ohio State University and the University of Southern California) against an apparel company that sold t-shirts with the schools’ color schemes and other identifying indicia referencing the games of the schools’ football teams.
Said the court: “We conclude that [...]



Mind Your Metatags

By Elizabeth T Russell • Nov 15th, 2008 • Category: Intellectual Property Law, Newest Post

Recently, both Legal Literacy and Wisconsin Business Law and Litigation have blogged about the dangers of including another’s trademark in your website’s metatags. (If you’re unfamiliar with metatags and want to see some for yourself, click on “View” [in the Firefox or Explorer browsers], then “Page Source” or “Source.”)
Believing that search engines use metatags to [...]



The Good Ole Days of “.com” Are Fading Fast

By Elizabeth T Russell • Nov 14th, 2008 • Category: Intellectual Property Law, Newest Post

You’re starting a business and (after conducting a thorough trademark search) have settled on a Very Clever Name. You log in to your favorite domain registry and snap up VeryCleverName.com. Your budget is limited, but you know it’s good practice to build as extensive a domain portfolio as possible, so you also purchase variations of [...]



Work Made For Hire (May Not Be)

By Elizabeth T Russell • Nov 14th, 2008 • Category: Business Law, Intellectual Property Law, Newest Post

Twice this week I’ve heard lawyers proclaim in public that you don’t own the copyright to your work anymore, if you’ve signed a “work made for hire” agreement.
That’s not necessarily so.

The general rule is: if you create copyrightable material, you are called the “author” of that material and you own the copyright.
That general rule doesn’t [...]



A Patent May not be the Best Vehicle to Protect Your Business’ Idea

By Sean M. Sweeney • Oct 31st, 2008 • Category: Business Law, Intellectual Property Law, Newest Post

If a business has a new idea or product, the immediate thought is to go out and patent the idea. While this may be appropriate in some cases, in others utilizing Trade Secret law may serve you better. If you take a look at products like Coca Cola or Krispy Kreme donuts, they have protected [...]