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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Trademark infringement can result in serious legal penalties, though it is often deemed a civil matter rather than a criminal offense. However, the courts may impose a number of financial penalties when infringement is proven.…
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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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Whether an issue arises with your trademark, copyright, licensing agreement, or other intellectual property, you may have to retain legal services in order to diffuse the situation entirely. And with this, the first step you…
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There is a fine line between pushing your copyright through the marketplace and unnecessarily hiding it. But if you are too overzealous in your marketing efforts, you may be made a victim of copyright infringement.…
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You may be excited to have finally gained copyright rights over your original work, along with having it go public. But if something goes awry, then a temporary restraining order of copyright rights may be…
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Once you register your trademark with the United States Patent and Trademark Office (USPTO), you may assume that your rights are fully protected. However, there is the possibility that you forgot to cover all of…
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For many businesses, a confidentiality agreement is crucial so as to instill protection. The same goes for any other type of Internet intellectual property right. Continue reading to learn the relevance of confidentiality agreements and…
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On the Internet, a domain name is a string (i.e., the unique name that appears after www. in a web address) that is used to identify products and services that a business may offer online.…
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Gaining a licensing agreement with another party's intellectual property may be a great benefit for your business. With this, it is pivotal that you abide by the terms and conditions of your agreement precisely. Otherwise,…
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It may come as a shock if you receive a trademark cease and desist letter, which claims prior, exclusive rights to a mark and demands you to stop your use of the mark. What's worse…
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Copyright is a set of exclusive rights given to owners of original work. These rights govern the ownership, inheritance, and namely, the transfer of these rights. Read on to discover more about the transfer of…
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Essentially, registering your trademark represents a critical asset for your business. With this, your trademark's goodwill represents the inherent value your mark has on your business. Continue reading to learn more about trademark goodwill and…
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When you are completing your trademark application, you must confirm that all the information provided is accurate and true. This is because the United States Patent and Trademark Office (USPTO) may take any inconsistency as…
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If you have opted for insurance coverage of your intellectual property, then this may work in your favor if you were to ever have to defend against infringement claims. Though, you must make sure that…
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When it comes to your intellectual property, you cannot deny the power that the digital landscape has to support it. But with this great power comes a great risk of violating a law, whether it…
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Having a website may be very important for the success of your business. With this, you may need to register a domain name, which is a unique name that is associated with an IP address.…
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A licensing agreement is a contract between you, a licensor, and another party, a licensee, that permits them to use your intellectual property. For starters, this agreement should state exactly what property can be used…
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When a copyright infringement allegation is made, it is a difficult situation for both parties involved. Notably, the Ingber Law Firm has experience on both sides of this case. Continue reading to learn what defense…
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As the owner of an original work, you are granted legal rights of protection under Copyright Law. More specifically, a copyright is a type of intellectual property that protects your original work as soon as…
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When you go to register your mark, you are essentially asking the United States Patent and Trademark Office (USPTO) to protect your mark from any unauthorized use. This may be vital to the success of…
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Registering your business' trademark can be powerful, as it will create a designation that distinguishes your product or service from that of a competitor. Whether you wish to trademark your business' name, logo, symbol, color,…
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You likely cannot avoid facing some competition when you enter your product into the market. But when your competition is practicing unfairly, such as infringing upon your trademark, this is when issues arise. Continue reading…
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If you are put in a situation where you have to defend against an unfair competition, copyright, or trademark lawsuit, you may require that your insurance company cover you for the legal expenses you have…
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Many companies have made the switch from traditional communications media (i.e., television, newspapers, etc) to internet-based media (i.e., websites) to share their information, resources, and services. This has come with the increased need to protect…
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The Anticybersquatting Consumer Protection Act (ACPA) prohibits cybersquatters who attempt to sell a domain name to a trademark owner or a third party. And so, if you are a trademark owner who believes a cybersquatter…
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You may choose to enter your intellectual property into a licensing agreement if you wish for another party to help you earn more profits. This is oftentimes seen as beneficial, except for when there is…
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You must know that your job is not over once you register your trademark. That is, what is equally important is protecting your mark from being infringed upon by competitors. This is because, if there…
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You are not required to register your original work. However, when you do so with the United States Copyright Office, you will be afforded certain protections. Such protections can be enforced in a United States…
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Before establishing your trademark, you may have conducted extensive research to ensure that it would distinguish your products or services from your competition. So, you may be taken aback if you have been accused of…
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There is nothing wrong with your business having some healthy competition. But when you believe that your competition is getting ahead in the market through deceptive means, then this can pose an issue. Continue reading…
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At a retail store, you may see a hat with the logo of your favorite team (i.e., NFL team) or you may see a shirt with the logo of an iconic corporate entity (i.e., Coca-Cola).…
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You may think your intellectual property insurance policy will come in handy in the unfortunate event that you are involved in a lawsuit. However, these policies are typically vague and broad in their language, and…
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The internet is considered a type of intellectual property. And further, the content that exists on the internet is also considered a type of intellectual property. You must understand the full breadth of internet intellectual…
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If you have created, discovered, or invented something new, you must ensure that it is protected from infringers or otherwise your competitors. Importantly, you are not expected to do this alone. Instead, it may be…
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If you have a creation, discovery, or invention that can become a potential profit for you or your business, then you must do everything in your power to guard it. This is because it is…
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When you have a business, you must undergo the process to obtain a trademark. This process entails registering your trademark with the United States Patent and Trademark Office (USPTO). While this process may take a…
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Establishing a copyright is possibly the most important initiative you can take to protect your work. So when it gets copied by another party, this can be devastating. Continue reading to learn more about what…
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In a highly competitive marketplace, disputes over intellectual property are bound to occur. Such disputes do not necessarily have to go to court. But with so many other legal options at your disposal, it may…
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With the rise of businesses entering the internet space, domain names have become very important for conveying brand names and brand images alike. This is why if you notice any domain name squatting or website…
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You may be in the midst of litigation proceedings if you are disputing a registered or unregistered trademark. Or, it may be because you have been accused of copyright infringement or believe your copyright has…
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It is not rare for a business to primarily rely on its confidential intellectual property to build its success. So, if you find yourself in a situation where your business's intellectual property becomes compromised, you…
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While many people find social media to be a beneficial tool, using it during your pending intellectual property litigation can damage your claim. For more information on why you should avoid social media during your…
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A licensing agreement is considered critical for today's business owners, as it allows them to capitalize upon and exploit their intellectual property rights. But with this, these agreements have become more complex and challenging over…
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While you may have heard of trademarks, it is also important to understand trademark registers. Continue reading to learn the two types of trademark registers and how an experienced New Jersey trademark lawyer of The…
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Copyrighting something you created is probably the most important step you can take to protect it. Read on to discover how copyrights work, how to obtain one, and how a seasoned New Jersey copyright lawyer…
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While you can undergo the trademark process alone, it is not always recommended to do so. Rather, it can be extremely beneficial to work with a U.S. trademark attorney who is well versed in the…
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If you have an idea that has the potential to make you or your company a profit, it may be in your best interest to protect it in any way you can. Such protection ensures…
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Suppose you are undergoing an intellectual property lawsuit. In that case, whether it be defending against unfair competition, copyright, trademark, or otherwise, you must understand the extent to which your insurance company will cover your…
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Under the Patent Law of the United States, there are three types of patents that are recognized. Each type protects a specific type of discovery or invention and has different eligibility requirements. For more information,…
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