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Nelson Cyber Law, PLLC

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With 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: Ok here’s the thing, 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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b2ap3_thumbnail_attorney.jpgCyber law cases are unique, from the proceedings to the violations. Due to the nuanced nature of many cyber law cases, even the most minor violations can represent the difference between a case being lost or won. This is especially true as it pertains to electronic discovery. Electronic discovery simply refers to discoveries made in a legal proceeding (such as a government investigation or simple litigation), in which the information is in digital form. Because of the intangible nature of electronic discovery, it is treated much differently than paper evidence. The most common forms of electronic discovery include emails, various file types, and other types of electronic documents. Below we will discuss the way in which a skilled attorney can assist you during the electronic discovery process.

How a Cyber Law Expert Can Help

In cases involving electronic discovery, the presence of a quality legal professional can make or break your case. First and foremost, a skilled attorney will go through an extensive research process, examining documents, emails, and any form of electronic discovery that could benefit or harm your case. A knowledgeable attorney will also be cognizant of the role that megadata can play in the electronic discovery process. For instance, the dates and times at which a document was filed can be critically important in a trademark, copyright, or domain name case.

A competent attorney will also ensure that all relevant electronic discovery has been properly collected and preserved. Proving that an opposing side has destroyed relevant information can be a direct violation of the preservation process in all electronic discovery processes. A party could also be in violation if they do not transfer the information to their legal counsel as the information was found. Failure to recognize and identify these violations could result in a lost case.

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US cyber law attorneyA master services agreement is necessary when two or more organizations enter into an on-going business relationship. A master services agreement can generally define the conditions of the working relationship, and save all parties involved time down the line. While a master services agreement is designed to save you time, and avoid the need for further negotiations, failure to properly craft an agreement could be detrimental to the success of your company. If you are looking to draft or negotiate a master services agreement, seek out competent legal assistance.

The Importance of a Master Services Agreement

In the world of online business, a master services agreement will essentially outline the parameters of a collaborative business relationship. A properly crafted master services agreement will address key components of any business relationship, ranging from terms of payment to confidentiality agreements. Additional components likely to be discussed in the agreement include product warranties, work standards, and delivery requirements. Recognizing the importance of these issues (for instance violation of a confidentiality agreement can be detrimental to an up and coming business’s success), violation of a master services agreement can lead to a long legal battle.

If a legal battle ultimately arises, the dispute resolution method should already be established within the master services agreement. If you are an inexperienced company dealing with a more seasoned party, it is not uncommon to be taken advantage of in negotiations over a master services agreement. If an attorney is not utilized in drafting the agreement, it may be difficult to win any meaningful legal battles down the road. For digital product companies dealing with other parties, the importance of an attorney’s assistant during these negotiations cannot be understated.

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