Tiffany initially sued Costco in 2013 for trademark infringement. Costco got in trouble for selling rings described as “Tiffany” rings. Costco argued that using a common name such as “Tiffany” did not constitute trademark infringement as it just described a type of ring setting. The Court did not agree, granting damages in the amount of $5.5 million to Tiffany & …
What Are Trademarks & How Do They Work?
Trademarks are legally registered symbols that represent a brand of goods or services. There are major differences between owning a trademark and having a registered trademark. As soon as a business begins using a symbol to represent their business activities, they become a trademark owner. To get a trademark registered, a business needs to register with the United States Patent …
Important Legal Considerations When Selling On-line.
Thinking about selling goods or services online? You should. If COVID-19 taught small businesses anything, it is the importance of an online presence in order to stay in business! Learn about the important considerations that come with selling online. From contract considerations when hiring someone to build a website, using and posting photos, cyber insurance, dealing with negative reviews to …
What is Trademark Infringement?
A trademark is any word, design, symbol or phrase, that identifies the source of a particular product or service. For example, “Apple Computer” doesn’t indicate a computer generally. It indicates a computer produced by Apple Computer Corporation. The golden arches in front of a McDonald’s Restaurant doesn’t indicate “hamburgers,” but hamburgers produced by McDonald’s Corporation. Many business owners get confused …
Are Non-Compete Agreements Enforceable in New Mexico
The quick answer is “yes,” provided they are “reasonable” and provided they do not restrict certain professions that are statutorily protected. It can be difficult for a business to gain a competitive advantage over their competition. Many successful companies rely on trade secrets to create a product or service that is better for consumers than a competitor’s, but if an …
Trade Secrets – What intellectual property qualifies and how to protect them
The phrase “trade secret” conjures something that might very well be at the center of a plot in the latest John Grisham novel. And while trade secrets should indeed be carefully guarded, the true definition of a trade secret is much more black and white. The term trade secret can be used generally when referencing a variety of intellectual property. …
Copyright Registration – What intellectual property is eligible?
So you’ve completed your masterpiece. Perhaps it’s the perfect play or a brilliant building blueprint. You want to protect your creative genius from being used without your permission, but how do you know if it is eligible to be registered for copyright?
How to Protect your Intellectual Property
Ideas, confidential information, formulas, and trade secrets are all examples of intellectual property. Intellectual property can give you or your business the advantage over your competition. You might have made a discovery lately that you want to protect. Or, you might have recently had your intellectual property stolen. Finding a way to protect what is rightfully yours can help you …
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