In today's age of modern technology, establishing an online presence and identity may effectively make or break a business. This reason alone is why selecting and registering a domain name, acting as your business website's…
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Generally speaking, a licensing agreement is a legal agreement between you, the owner and licensor of a certain intellectual property, and a third party, as the licensee, who is interested in using it legally. Specifically,…
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Generally speaking, the United States Copyright Law grants monopoly protection for original works of authorship. But if you are seeking a copyright for your original work or wishing to use an already copyrighted work, you…
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As a creator or owner of an original work, your registered piece of intellectual property (IP) is arguably your most valuable asset. In an effort to expand its recognition, you may be strongly considering licensing…
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Registering your trademark with the United States Patent and Trademark Office (USPTO) is important because it gives you exclusive rights to use a mark that allows your potential customers to identify and become aware of…
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As a smart and strategic business owner, you may have a website to market your products and services to prospective customers worldwide. While you may gain the watchful eyes of customers, you may also get…
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A copyright gives you, the author or creator of an original piece of work, a set of exclusive rights. Such rights include reproducing, distributing, publicly performing, and publicly displaying your work. Obviously, the last thing…
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Essentially, if you formally register your trademark with the United States Patent and Trademark Office (USPTO), you may be granted serious protection against the unauthorized use of your mark. But with this, you must understand…
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The Lanham Act of 1946 is the primary federal trademark statute that works to protect registered trademarks nationally. With this, it sets the standard for principal registers for such trademarks. Essentially, a principal register may…
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It is imperative that the United States Copyright Law continually be amended to reflect the ever-evolving changes to the intellectual property realm that come with electronic and technological advances. This is why it is apparent…
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As a new business owner with products or services just entering the market, you may want to turn to other, more established third parties to push for extra revenues and royalties. But at the same…
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The first computer software was developed in 1948, accredited to Tom Kilburn and his colleagues at the University of Manchester. However, the true rise in computer software usage came with the rise of personal computers…
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Generally speaking, a freelancer is a self-employed individual who is not necessarily committed to a particular employer for the long term. Rather, an employer may temporarily contract them to produce a certain project, or any…
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On the one hand, a trademark is a symbol, word, or phrase used to identify a particular brand or company as the source of specific products or services. In turn, trademark rights arise out of…
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As the creator of an original concept, you may have heard of and possibly looked into a copyright. But a lesser-known yet equally effective form of legal protection is something known as a copyleft. The…
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As a business owner, you may know all too well how much of your brand's identity is wrapped up in your business's name. So because of how much you may appreciate the value of your…
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Simply put, as soon as you turn your idea of a literary work into something of a tangible form, you should immediately look into the ways of legally protecting it. You may be surprised at…
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After working tirelessly on its application, you may feel confident that your mark will soon be officially registered with the United States Patent and Trademark Office (USPTO). But you may experience an unexpected bump in…
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By now, you may have noticed how the typographic symbol "®" sits as a superscript or subscript at the end of most well-known, recognizable brand names, symbols, taglines, etc. Well, the "®" lets you and…
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Since you likely worked so hard to obtain ownership rights over your trademark in the first place, it may be difficult for you to imagine a scenario where you would willingly surrender them. However, transferring…
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You may already know that if you want something specific trademarked for your business, you must file a petition with the United States Patent and Trademark Office (USPTO). But before you go through the hassle…
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A trademark may be a word, phrase, letter(s), number(s), pictorial scene, smell, sound, color, packaging, product configuration, or anything else capable of legally representing a company and its products and services. Whatever it may be,…
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You may have worked very hard on your initial trademark application. So this is why you may be severely disappointed when, after waiting 12 to 18 months to hear back from the United States Patent…
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Before you use or produce a literary, dramatic, musical, artistic, or choreographic work for personal or business purposes, you must execute your due diligence in ensuring that a copyright does not already protect such work.…
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It may take you anywhere between 12 to 18 months to complete the trademark application process, starting from when you initially file your application to the date your trademark is finally registered. You may be…
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Say, for instance, that you come across a creative work you believe can possibly benefit the promotion of your business's product or service. Upon further investigation, you may be unable to identify its copyright protection…
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Let's say you create original works for a living, whether these works are graphic designs, written articles, musical jingles, or otherwise. You may take great pride in your creations, and understandably so. But you must…
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You may have big dreams of making your business's products, services, and overall brand name well-known throughout the United States. But you may also want your reach to extend beyond the country's borders. Well, you…
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In 2022, Governor Phil Murphy announced that the overall film production spending in the state of New Jersey went well over $650 million. This was a significant jump from the previous year, which saw approximately…
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Generally speaking, the public domain is a collection of creative works not bound to or protected by intellectual property laws; namely, copyright laws. This is to say that such creative works may be referenced, used,…
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Many international agreements work to offer exclusive copyright protections to authors and creators. Most notably, the Berne Convention for the Protection of Literary and Artistic Works has arguably transformed copyright laws and principles on a…
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An intellectual property auction differs from a traditional auction in that it focuses solely on intangible assets, such as trademarks and copyrights. In other words, it is a comprehensive, streamlined approach to buying and selling…
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Inviting others to work on a certain project may be beneficial because you can combine your independently great ideas to make a single outstanding result. With group projects such as these, you may want to…
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You may have worked hard to earn ownership rights over your intellectual property. So you may now want to protect it at all costs. This may entail buying into an insurance coverage plan. While you…
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The pharmaceutical industry is a notable, significant contributor to the United States economy. Of note, it accounts for nearly 50 percent of the world's pharmaceutical sales revenue and approximately 22 percent of the world's pharmaceutical…
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Whenever you work with another business party, and allow them a certain degree of access to your creative work, some sort of contract(s) must be drawn up. Namely, you must strongly consider setting in stone…
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You may have spent the past 12 to 18 months applying to register your trademark. You may be relieved to have completed this extensive process and can now reap the benefits of brand recognition. However,…
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The United States Copyright Law, along with international copyright law, is intended to protect the rights of authors and creators of certain copyrighted materials. Among these protected rights are their moral rights. This may arguably…
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A strong domain name may be important for your business because it adds to its professional credibility, increases its brand awareness, and protects its assets and online identity, among other things. For these reasons alone,…
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By definition, a logo is a graphic mark, emblem, or symbol, which may include an abstract, figurative design, or the text of the name that it is meant to represent. Its primary purpose is to…
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You may have worked hard to obtain the intellectual property rights that you have right now. But you may eventually conclude that transferring these rights may be the best business move. If this is your…
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You may be granted exclusive rights as a copyright owner. However, you must understand that these rights may only extend so far, and the legal purchaser of your copyrighted work may be granted certain privileges…
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In the most recent months, artificial intelligence (AI) has become quite a hot topic. Generally, AI is technology exhibited by computer systems and machines that simulate tasks typically associated with human intelligence and problem-solving capabilities.…
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You may have put in a lot of hard work to obtain your copyright protection in the first place. However, your job may not be over just yet. Meaning, this protection may only be applicable…
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You may have already solidified your position as the owner of a piece of intellectual property, by officially registering your creative work with the appropriate United States authorities. But there may also be a market…
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Your take on an original work may be parodying another one. However, it is likely that the owner of the other original work may get upset over this or may even blame you for infringing…
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You may be exceptionally talented in cooking. This may even be to the point where you monetize these talents into your livelihood, whether you become a chef, cookbook author, food blogger, or an associated profession.…
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An important component of the trademark registration process is proving to the United States Patent and Trademark Office (USPTO) specimens of use. In a use-in-commerce-based application, you must submit this under Section 1(b) upon filing.…
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With your trademark application, you may be expected to petition for your mark to be registered under a specific trademark class. Of note, the World Intellectual Property Organization (WIPO) and the United States Patent and…
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You may assume that every business owner seeking a trademark registration goes through the same, standard application process. However, you must understand that there are two different bases for filing a trademark application, namely intent-to-use…
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In this day in age, it is common, if not expected of you, to protect your digital content with a copyright. Namely, you can protect any creative work you use on a computer, tablet, smartphone,…
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Whether you are looking to file an intellectual property infringement case or you had such a lawsuit filed against you, you may be looking into acquiring legal representation. To scope out which legal representative is…
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You may assume that your copyright registration offers automatic and unlimited protection over your creative work. However, there may be exceptions granted by United States Copyright Law. Namely, there is the accepted concept of fair…
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Essentially, a trademark may let your products or services have an edge against your competitors. This is because a trademark may allow you to establish a recognizable word, phrase, letter, number, scent, sound, color, packaging,…
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In simple terms, digital content is considered to be any content that exists in the form of digital data, stored on digital media or specific formats of analog storage. In an age where the Intent…
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The Lanham Act is the primary statutory foundation of United States trademark law at the federal level. With this, the Act sets forth the statutes surrounding principal and supplemental registers for trademarks. As for your…
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Retaining a portfolio of intellectual property is particularly important if you are an entrepreneur setting out on a new business venture. This is because not only may you generate profit from these creative works, but…
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A statute of limitations is a law that sets the maximum time after an event within which parties involved may initiate legal proceedings. Generally speaking, the United States federal law holds an average statute of…
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At The Ingber Law Firm, we understand that it is no fun to be on the receiving end of an intellectual property infringement lawsuit. This is especially true if you believe that this legal action…
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Once you protect your original work through copyright registration, you may be granted certain, exclusive rights by Copyright Law. Namely, you may be given the authority to reproduce, distribute copies, publicly perform, or publicly display…
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While creating different ideas, products, and services for your business, you may speak to fellow business owners about the trademarks they have registered for. With this, you may be wondering if and when you should…
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You may have worked hard to turn your idea into an official, recognized piece of intellectual property (IP). You may subsequently enjoy reaping the benefits of this original work. All the while, you may hope…
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Suppose you consider yourself to be an intellectual property (IP) owner. In that case, you are likely an individual or the face of a company that has contributed many creative works to your portfolio. While…
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There is such a thing as healthy competition, which is a kind of positive competition that taps into every participant's full potential to achieve business success. But there is a fine line between this and…
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More often than you may realize, Americans have to face the unfortunate reality that they dug themselves into a deep financial hole that they cannot get out of without outside assistance. Namely, they may have…
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Upon realizing that another party is infringing upon your ownership rights over a piece of intellectual property, there is no question that you must react to it. The question may lie in exactly what action…
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Upon entering a licensing agreement, you (i.e., a licensor) are permitting another party (i.e., a licensee) to use your piece of intellectual property in a certain manner, so long as you are properly compensated for…
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If you are a business owner, you may assume that you know every business asset in your possession. However, you may have overlooked certain pieces of intellectual property, being that they are intangible assets. Nevertheless,…
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If you own a business that possesses many pieces of intellectual property, you must buy into the right insurance plan. Namely, you must opt for commercial general liability insurance coverage. This is because, for one,…
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As the owner of an original piece of work, you may have strategically registered your trademark or service mark with the United States Patent and Trademark Office. Therefore, an issue may surface if another party…
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Intellectual property (IP) litigation may be a time-consuming and mentally draining process. This is why, before following through with this legal action, you must ensure that you are fully equipped with a sufficient amount of…
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The Copyright Act of 1976 is set to defend your basic rights as a copyright holder. That is, it protects your intellectual property, whether a published or unpublished work, from any illegal display, reproduction, or…
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If you believe that your registered trademark is being unlawfully used by a negligent party, then you may consider filing a trademark infringement claim against them. And if this negligent party is unwilling to settle,…
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If an intellectual property owner believes you are infringing upon their registered mark, they may file a lawsuit in a federal or state court. You must acquire the appropriate legal representation and build a solid…
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Simply put, the best approach for protecting your intellectual property is to get federal backing. More specifically, if you own a piece of intellectual property that is capable of functioning as a trademark, then you…
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You may decide to take the plunge and make your original work accessible on the Internet, so that it may potentially draw the attraction of its billions of users worldwide. With the vastness of the…
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It does not matter if you are buying, selling, leasing, or developing commercial real estate. This is because, regardless, you must protect your intellectual property rights all while ensuring you are not infringing upon that…
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In the age of modern technology, a domain name is one of the most powerful ways to get your original mark noticed by prospective customers. But as you decide what string of letters to use…
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At the time, you may have thought that a licensing agreement was a great way for your intellectual property to gain exposure, all while allowing you to collect additional revenues and royalties along the way.…
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Due to the vastness of the Internet, it may be difficult to keep track of any illegitimate use of your trademark by online competitors. Nonetheless, it may be pivotal for the online success of your…
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It may have been no easy feat to obtain registration for your trademark. At the same time, your trademark may be pivotal to the success of your business venture. For these reasons alone, it is…
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Copyrighting your original work is a pivotal part of your creative process. With this, you may require assistance to obtain this protection in the first place, along with defending your rights along the way. This…
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You may have heard talk about how extensive and time-consuming the trademark application process can be. However, the benefits that are to follow may just make these efforts worth it. Continue reading to learn the advantages…
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An employer may require assistance in writing, photography, web design, software code, or otherwise creative contributions to their collective works that are out of the realm of their typical business operations. This is when they…
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It is natural to experience some healthy competition with other businesses. But what is not okay is if one of your competitors begins to infringe upon your intellectual property rights. That is, you may have…
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Nowadays, more and more employers are sourcing independent workers to fill the gaps in their employment base and complete specific job-related tasks. But before taking them in, an employer may ask an independent worker to…
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Say, for instance, that you own a trademark that is not currently in use. But this does not necessarily mean that you want to abandon your rights over it. This is when a declaration of…
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If another party is infringing upon your trademark with the same or confusingly similar domain name, then your business may be seriously impacted. You may be quick to enter litigation proceedings, but you must consider…
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As you undergo a divorce in the state of New Jersey, you and your former spouse will have to divide up your shared assets. With this division, you may be worried about whether your ownership…
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There may be a way to capitalize upon your intellectual property without having to give up your ownership rights to it. This may be in the form of a licensing agreement, as you may receive…
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Registering your copyright is an important step toward protecting your original work before making it accessible to the public. There is a general timeline that you may expect the United States Copyright Office to follow…
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Whether you wish to use a word, phrase, sound, packaging, or otherwise as a trademark within your company, you must formally apply for ownership. And it is recommended that you do so sooner rather than…
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If another party infringes upon your copyright, you may incur significant damages. You should not have to stand idly by as your rights are violated. At the same time, you should not have to pick…
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If you are the owner of a business, the odds are that you also own original work. And even though your employees may have helped in the production of this original work, you may still…
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If another party has infringed upon your intellectual property rights, then you may feel as if you have no other choice but to pursue legal action against them. You may be hesitant to take your…
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As an intellectual property owner, there may come a time when you need to take legal action against an infringer. On the flip side, there may come a time when you need to defend yourself…
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You may display your original work on your website, whether it is authentic content or a custom logo, to share with prospective customers. But this does not mean that you want them to infringe upon…
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As a business owner, you may understand just how important your website is to get prospective customers interested in your products and ultimately drive revenue. So, your domain name may be sacred to you. And…
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When you are looking to put a piece of your intellectual property on the market, you may be concerned about safeguarding the use of its name from fellow competitors. You must be equally concerned about…
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A licensing agreement may be a great opportunity for you and your business. But you must remember that this is a binding contract that cannot be breached or infringed upon. Otherwise, you may have legal…
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