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Nelson Cyber Law, PLLC

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FL cyberlaw attorneyAs your company continues to grow, it is all but inevitable that you will begin to work with an increased number of outside parties. In the world of cyber business, it is especially important that all parties involved understand the parameters of the business relationship. In many cases, companies will look to save time and trouble in future negotiations by having all parties agree to a master services agreement. If you are interested in drafting a master services agreement, it is important to speak with a knowledgeable cyber law professional.

What a Master Services Agreement Can Do for You

A master services agreement is an agreement that aims to define the terms between the parties signing the agreement. A master services agreement will often center around criteria including product warranties, terms of payment, work standards, and how conflicts will be resolved if they arise. In the world of cyber business, the vast majority of a master services agreement will aim to protect private data and define the intellectual property rights of the parties involved. The benefits of a master services agreement cannot be understated.

First of all, a well-crafted master services agreement should protect your interests. If a signer of the master services agreement violates said protections, the agreement should state the manner in which legal action will be pursued. The other primary benefit of a master services agreement is the fact that it should save your company time and energy down the road. The agreement will take place at the beginning of the working relationship and thus help you avoid future time-consuming negotiations. All that said, a master services agreement will only protect you and save you time if it is expertly drafted and thoroughly negotiated. In order to ensure the agreement will properly protect your interests, seek out competent legal assistance.

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Posted on in Intellectual Property

FL trade secrets lawyerIn the modern world of business, it has never been more important to protect your intellectual property. For many companies, the knowledge they hold is what makes the company truly valuable. A trade secret is simply valuable and unique knowledge developed within a company, that the company is looking to keep secret. For many companies, a trade secret can mean everything to their success, due to the fact that it puts them at a competitive advantage within the industry. Unfortunately, competitors or criminals may look to steal your trade secret, putting the health and wellbeing of your company at risk. Below we will discuss the importance of protecting your trade secrets, and how a knowledgeable intellectual property attorney can help.

What Is a Trade Secret?

While many companies may not be aware of this fact, almost every single company of significance has some form of trade secret. In many cases, the trade secret could be an algorithm or formula unbeknownst to the rest of the field. In other cases, a trade secret is as simple as a methodology for production or marketing. Yet in all cases a trade secret provides the owner with some sort of economic benefit, is not generally known by the public, and will be protected by the owner.

What You Can Do

Throughout the vast majority of the United States, the laws pertaining to trade secrets are defined by the Federal Uniform Trade Secrets Act (UTSA). The most common way to protect your trade secrets is through the use of a non-disclosure agreement. A non-disclosure agreement will essentially state that the employee cannot share the information mentioned in the agreement. It is important to have an in-depth knowledge of non-disclosure agreements, due to the fact that any misstep in the crafting of the document could result in an inability to take proper legal action.

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FL cyber law attorneyWith advances in technology comes various changes to the business world. Today more commerce takes place online than in the streets. With these advances though, come some new and unforeseen challenges. The world of cyber business can be complicated. Below we will discuss some simple mistakes you should work to avoid with your business. If you do run into some legal issues relating to intellectual property rights, trademark infringement, or another cyber dispute, speak with a knowledgeable cyber law attorney immediately.

Mistakes Commonly Made by New Business Owners

Starting a new business is no easy task. Finding clientele, developing a product, and ensuring that you have the financial security to wait for your company to grow are all issues that every new business owner must consider. With the landscape of business moving from city streets to web pages, it has never been easier for new business owners to make mistakes that lead to stolen ideas or legal consequences.

Failure to Register Your Copyright: If you create content and post it on your website technically a copyright exists on your work. The problem is, just because your work is copyrighted does not mean you have the right to legally protect it. In order to gain the right to pursue legal action against another party that uses your work, you will need to register it within the U.S. Copyright Office.

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US cyber law lawyerWhen starting a new business, it is important to take the necessary precautions to protect your company. If you develop a website, create a logo, or develop any original content the possibility of a copyright dispute is entirely plausible. First and foremost, it is important to protect your intellectual property from being used by another company. It is also possible that disputes could arise if another company believes you have used their copyrighted property. Below we will examine some of the nuances of copyright disputes and how you can protect yourself and your business.

Protecting Your Property

Ensuring that your property is properly protected is a necessity for every business. The first and most important step you can take is registering your property with the U.S. Copyright Office. Registration does not just apply to your company’s logo, you can protect text, images, and graphics, to ensure that your property is not used by a competitor. If you believe your property is being infringed upon, it is time to act. Working with an attorney can lead to a quick resolution. If the infringer is noncompliant, it may be time to pursue consequential legal action.

Fighting an Infringement Accusation

If you are notified by a copyright owner that you have used their property, it is important not to panic. The safest step you can take is notifying an experienced copyright attorney. Your attorney will help you analyze whether the claim is valid, and whether or not you actually infringed on the copyright. If you infringed, your attorney will help you take the necessary steps to remedy the situation. In many cases, you will simply be asked to cease the use of copyrighted materials. If the accusing party wants to take substantial legal action, you need an attorney that will aggressively represent you in court.

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FL IP attorneyWhen a judge makes a decision in an intellectual property case, the fate of the corporations or parties involved could rest solely on the decision. Whether the case involves trademark disputes, copyright infringements, or language in a contract, the decision made in court will have massive ramifications on the health of your business and your financial future. Because of this, many people immediately want to fight against a court decision that does not go their way. In all reality, combatting a court decision is not always a possibility. In basic terms, one cannot fight appeal a court’s decision simply because it did not go in their favor. In order for an appeal to be processed and heard, the court must have made an error while coming to their judgment. If you are curious about appealing an intellectual property decision, it is important to seek out the assistance of a skilled legal professional.

Filing an Appeal

First and foremost, an attorney will assist you in filing your appeal. If your appeal is viewed as reasonable through the scope of appellate law, you will be granted an opportunity to appeal the court’s decision before the U.S. Court of Appeals for the Federal Circuit. In order for the appeal to be heard, the appeal must be filed correctly. Failure to follow the appellate procedures will result in the appeal being dropped. By allowing your attorney to do the bulk of the legwork on drafting and filing the appeal, you will provide yourself with the best opportunity to be heard in the appellate court. In order for you to win your appeal, the appeal must be made diligently with a high level of detail. Focusing on the finer details in the case can be the difference between winning and losing your case.

Contact a United States Federal Appeals Lawyer

Facing the fact that a court’s decision did not go the way you expected can be challenging. This is especially true as it pertains to intellectual property decisions, due to the corporate ramifications of these decisions. If you are interested in appealing a court decision, it is incredibly important to act quickly. Speaking with your attorney in a diligent fashion can provide them with the opportunity to develop a well-crafted appeal, that will give you the best opportunity to reverse the decision. Attorney John Nelson fully understands the ramifications that an intellectual property decision can have on your business, and would be happy to discuss whether or not appealing the decision is a plausible option in your case. To schedule a complimentary initial consultation with an experienced United States cyber law attorney, call us today at 1-800-440-5536.

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