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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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FL copyright lawyerCopyrighting your intellectual property is simply a good idea. When you have put so much time and effort into creating something, the last thing you want is for others to be able to steal your work and cash in on it themselves. Copyrights can protect a wide array of property, though it does not cover your ideas, operational methods, or facts. The following, however, can be protected with copyright:

  • Written work like novels, poetry, short stories, etc.
  • Dramatic writings
  • Movies
  • Musicals and songs
  • Art such as paintings, drawings, and more
  • Architectural designs

Can Your Website Be Copyrighted?

Although your actual website and domain name do not fall on the list of items that can be covered by copyright, the content you place on the website (or at least some of it) does. There is a fine line about what can be covered or not. For example:

  • A book of recipes can be copyrighted, while a list of ingredients cannot
  • A song can be copyrighted, while the name of a band cannot
  • A written expression or work of art can often be copyrighted, while a slogan or logo cannot (although some of these may qualify for trademarking)
  • A written or drawn representation of your idea may qualify to be copyrighted, but the actual idea itself cannot

How to Establish a Copyright on Your Works

An author or artist who has created a particular work is eligible to copyright that work. If more than one person was involved in the creation, then the joint authors or artists must both be involved in the copyright process. The work must not have been created as part of the creator’s duties under employment for another party.

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Tampa trademarks and intellectual property lawyerHow exactly can your trademark be infringed upon? According to the United States Patent and Trademark Office, trademark infringement occurs when anyone uses your trademark without permission “on or in connection with goods and/or services” in a way that will “cause confusion, deception, or mistake about the source of the goods and/or services.”

This means that trademark infringement occurs if the use of your mark, or something too similar, might cause consumers to become confused, even if the infringing party used your trademark unintentionally. This is why individuals and companies must be careful when choosing a trademark in the first place, since a trademark should not be something that can be easily confused with other marks. Trademark protections allow you to protect your brand from being associated with others that may not offer the same quality of work or products that you do.

Determining Whether Your Trademark Has Been Infringed

There are several factors that go into establishing that your trademark has been infringed before taking legal action. Your trademark must have been legally established first, prior to the other individual or company using the mark. The infringing use of your trademark must be similar enough that people could be confused in some way when buying the goods or services. 

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Florida trademark attorneyAs a business owner, you most likely have created some valuable intellectual property (IP) that should be trademarked. But are you clear on the definition of a trademark? This article will explain what types of IP can and cannot be trademarked.

FYI, the term “trademark” in its narrowest sense is used in reference to products while the term “service mark” is used in reference to services (e.g., Jiffy LubeⓇ oil change service). However, the term “trademark” is commonly used in reference to both products and services because the same US law generally applies to both.

What Is a Trademark?

A trademark is something that makes it easy for consumers to recognize your brand when they see it. It can consist of words, graphic elements, or both.

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Florida cyberlaw attorneyOnline reseller agreements have become a popular business model in recent years. Formed between a product owner and an online reseller, these agreements can produce substantial and incremental income for both parties. Success, however, is heavily dependent on having a well-written online reseller contract.

The Basics of Online Reseller Agreements in Florida

An online reseller is responsible for attracting customers and taking orders for the product. The reseller may obtain orders through their own website and/or through an online marketplace website, such as Amazon or eBay, depending on the terms of the agreement.

The product owner may be a large manufacturer,  U.S. distributor, or even an artisan. The product owner is responsible for shipping orders directly to the end customer. In the case of digital products, such as software or photographs, a customer may download their purchase from either the reseller’s website or the owner’s website, depending on how the reseller agreement is written.

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Florida copyright attorneyVirtually every business produces something that needs federal copyright protection, if only in the form of their business website. Thousands of businesses, large and small, base the bulk of their business on copyrighted works that range from knitting patterns to photographs to music videos. To protect their valuable intellectual property, they rely on the U.S. Copyright Office.

You might wonder exactly what the U.S. Copyright Office does. A dig into this agency’s fiscal year 2017 report revealed some interesting insights.

The Mission of the U.S. Copyright Office

The Copyright Office has the important job of “promoting the progress of science … by securing for limited times to authors … the exclusive right to their respective writings” as envisioned by the U.S. Constitution.

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Florida copyright attorneyWhen you have a great idea for a copyrightable work and you want to make money from it, take action to protect your intellectual property (IP) before a copycat has a chance to get their hands on it.

How IP Theft Can Happen to a Start-Up Business

Copycats can come from unexpected places, as one pair of digital entrepreneurs learned the hard way.

To fully develop and market their product, they needed the expertise and facilities of several third-party vendors. Those outside vendors helped get the idea off the ground. The founders were excited as their business steadily grew.

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Copyright Infringement: Recent Lawsuits Highlight What NOT to Do

St. Petersburg copyright infringement lawyerVirtually any business can wind up being sued for copyright infringement. However, some types of businesses are more at risk than others, including those in the online retail, consumer goods manufacturing, and entertainment industries. Lawsuits in these industries are not uncommon, and damages payouts often run into the hundreds of thousands or even millions of dollars.

A quick review of some recent court cases can help you learn what NOT to do, so you can avoid a similar fate for your business.

Print-on-Demand Services Can Be Liable for Copyright Infringement

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The Digital Millennium Copyright Act: What Business Owners Should Know

New Port Richey copyright law attorneyAny business owner with an interactive website is directly affected by the Digital Millennium Copyright Act (DMCA). If you are not already familiar with this law, here are three things you should know:

Understanding the DMCA Safe Harbor Provision

The DMCA provides important legal protections for internet service providers of all kinds, including social networking sites, online marketplaces, and really, any business website that allows user-uploaded content. A “user” is someone other than you or an employee or agent of your business.

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What to Do if Your Copyrighted Work Has Been Stolen

Florida copyright infringement lawyerDo you create copyrighted works, either as your main source of income or as a tool for marketing your business? You surely take great pride in your creations. Naturally, you want as many people as possible to see and buy your work.

The internet enables you to reach potentially millions of people with your copyrighted material. But it has also made it incredibly easy for unscrupulous people to discover your work and use it for their own purposes. Theft of copyrighted content happens every day to bloggers, photographers, ebook authors, graphic artists, YouTube video producers, songwriters, and many more. 

At some point, you may be infuriated to discover that someone is distributing or selling your work for their own benefit. Whether you call it plagiarism, piracy, copyright infringement, content jacking, or theft of intellectual property (IP), it is unethical, illegal, and financially costly for you. Now, what can you do about it?

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Florida trademark attorneyYou might think “intellectual property” is limited to inventions that a business has patented. But the definition is actually much broader, including such things as:

  • Your website domain name.
  • Copyrighted works of writing, art, or music.
  • Trademarked brand names and logos.
  • The trade dress of your business, which includes unique visual aspects of your website as well as products, packaging, and even building architecture.
  • Trade secrets, including proprietary processes and methods, algorithms, patterns, client lists … any information you would closely guard to keep it out of the hands of competitors.

Here are four questions every business owner should ask and answer with regard to intellectual property:

Do you know the value of your intellectual property? If you really think about the scope of your business, you probably have more intellectual property than you first thought. List your most important IP assets, and ask yourself two questions. First, do I have sufficient protections in place, given the value of this IP? Second, how much am I willing to spend to defend this IP? If a competitor should infringe on your intellectual property rights, you will want to react quickly to avoid potential losses and to collect compensation for any financial damage that may have already occurred. At the same time, you need to take a cost-effective approach to protecting your IP, considering the financial investment and future revenue at stake.

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Posted on in Intellectual Property

cyber law, Florida cyber law attorney, Cloud usage, intellectual property, Cloud servicesThe use of computers by companies doing business in a variety of industries started years ago, and continues to grow. However, with that growth came the need to to use valuable office space for servers and data storage equipment. Now companies are migrating digital information to virtual storage known as “the Cloud,” which frees up physical space, but comes with some risks.

Benefits of Cloud Usage

It stands to reason that Cloud storage usage would not be popular among companies if it did not offer valuable benefits. In addition to reducing or eliminating the need for on-site data storage, other advantages of Cloud usage include the following:

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