At Nicoll Davis & Spinella, LLP, in New Jersey, we represent many entrepreneurs who have created works of art such as books, paintings, photographs, musical compositions, computer programs, etc. Such intellectual property becomes a valuable asset for these artists, one that needs protection.
As a business owner in New Jersey, you may wonder if you need to register the trademark that you use to distinguish your company with the U.S. Patent and Trademark Office in order to establish and protect your intellectual property rights. According to FindLaw, the answer is no; legitimate use of a trademark affords it legal protection even without registration. If there is a legal dispute over an unregistered trademark, the court is likely to grant you the rights to it if you can prove that you used it first in commerce.
You may have noticed that businesses, and even some ordinary citizens, in New Jersey have become increasingly coy about using the term "Super Bowl" to refer to the sporting event that took place last Sunday, preferring vague appellations such as "The Big Game." Why does the name of the game seem to have become taboo?
Although legal sports betting in the United States is still in its infancy, people gambling in New Jersey made $1.24 million worth of bets during the latter part of 2018, according to figures that gambling regulators in the state recently released. An attempt to capitalize on this gaming enthusiasm led to a copyright infringement lawsuit against 10-year-old bookmaking company FanDuel by British-based rival William Hill, regarding guides teaching people how to place a bet.
Most people in New Jersey have seen their fair share of knock-off clothing items, handbags, sunglasses and more. Some of these things are found in obscure places and others are found in more mainstream stores. Regulating and defending intellectual property rights in the world of fashion, it seems, can be difficult.
If your New Jersey business receives a copyright infringement notice, it is imperative that you act swiftly but not irrationally. A copyright infringement notice may seem scary, but more often than not, the remedy is as simple as paying an after-the-fact fee and/or ceasing to use the copyrighted material. However, before you act, it is important to analyze the claim, make sure it is legitimate and explore your legal options.
Your trade secrets are your business's most confidential and valuable assets, as they are what sets your New Jersey business apart from its competitors. While you should take the necessary measures to protect your intellectual property, you cannot always anticipate breaches. The law has protections in place to compensate businesses that are victims of intellectual property breaches. However, for the law to apply, the stolen information must meet the legal definition of a trade secret.
New Jersey business owners or entrepreneurs who have intellectual property (IP) to protect know that actually protecting your IP is a crucial yet difficult job. If a person's IP is abused, their business on a whole can suffer, and their entire brand image can be damaged.
Many people in New Jersey may be well aware that companies work hard to protect their trademarks as these intellectual property holdings can be important assets to a business or an organization. What may not be as well known is the vast range of things for which trademarks are held and therefore guarded. A case that was recently settled between two nonprofit event organizers in two different states shows a bit about this.
Entrepreneurs and inventors in New Jersey may naturally find the thought of owning one or many patents attractive for them personally as well as professionally. While there are certainly benefits to seeking a patent for a new invention, there may well be times when it is not in the best interest of the inventor or the company. Before attempting to receive a patent, people should consider a few key facts.