Legal Blog of Perdomo Law

  What is Trademark Fraud? Registering a trademark with the United States Patent and Trademark Office (USPTO) is serious. Dishonest responses on the application form can cause the USPTO to refuse the application, cancel a trademark if discovered after registering, and possibly file fraud charges against the applicant. Anyone who has proof of a fraudulent registration of a trademark can notify the USPTO of the situation. Filing a claim to cancel the trademark is also possible if the violation monetarily affects them. Trademark fraud occurs when someone lies about their use of a trademark to register it with the USPTO. For example, registering a trademark that copies another is fraudulent activity, as is using a trademark without permission to market counterfeit goods. A Trademark Fraud Lawyer can assist those who believe someone has committed fraud with their trademarks and those accused unfairly of fraud. What Constitutes Fraud With the USPTO? Applications to the USPTO for regist...

The USPTO Implements the Trademark Modernization Act: Considerations for Applicants, Brand Owners, and Practitioners Regulations recently went into effect that will make it easier to challenge existing trademark registrations, in order to cancel registrations that were obtained fraudulently or that are no longer in use.  In recent years, the trademark Principal Register has been cluttered with fraudulent trademark registrations.  Fraudulent applications that successfully register deplete the availability of marks for legitimate business owners. The Trademark Modernization Act of 2020 (“TMA”) was enacted to clean up the Register in a fast and cost-effective manner.  The regulations implementing the TMA went into effect as of December 27, 2021.  The TMA amends the Lanham Act by enabling businesses, individuals and the United States Patent and Trademark Office (USPTO) to initiate ex-parte proceedings related to the validity of trademarks, restoring the rebuttable presum...

The makers of any audio meant for commercial use need legal protection. The work can include short audio clips, voiceovers, audiobooks, and many other forms of recordings. Every original audio recording is a form of intellectual property. The decision of users of the property and who can earn money from its use will depend on the contracts and the terms those documents provide. A licensed audio rights law firm is an advocate for every artist they represent. What Are Audio Rights? Audio rights are permissions given by the owner of a recording for various uses. The licensee may gain the right to use the audio in any manner desired, or the contract may detail specific circumstances. The artist can allow someone to use the audio as often as they would like for one fee or require royalty payments for every use. Audio licensing also allows the creator to keep the ownership for their purposes and prevent others from using it. Business owners that produce audio for their branding, for example...

What is Technology Law? Protecting businesses in today's age mean using technology and thorough research. Drawings, videos, patents, software, and many other items are creations companies must keep safe to prevent copying, theft, and a loss of income. IP licensing, distribution of software, the creation of intellectual property, and anything concerning the Internet or cloud requiring special protection is coverable under technology law. What is a Content Technology License? This license allows a person who develops a technological product or service like software programs, digital art, and intangible items to enable others to purchase them for use. The license lets the purchaser transform, resell, or use the technology for a particular period. There are many circumstances that the parties must agree on and layout in clear terms. Things like where the license is valid, how much the royalty payments will be, whether the developer has specific controls over advertising or ...

If you own a website, it is considered intellectual property, which means it can be protected with a copyright. Therefore, you may consider taking the proper steps to protect it, including your company's logo, the domain, and all images, including the graphics, for added security. How Website and Domain Copyrights Work Provided the content on your website is original, and as the applicant, you are also the owner of the site, then you may register your website for copyright protection. According to the U.S Copyright Office, the content that qualifies for copyright protection includes but is not limited to music, screen displays, videos, blogs, articles, and literature. However, the U.S. Copyright Office states that you can only copyright the content that is on your site at the time of the registration, meaning any enhancements made to the website or any works that are created and then included on your site later will require you to register them as well. Furthermore, you ...

Patents are an essential leg in the business plan for people and companies developing new ideas and technology. An issued patent confers significant legal rights on its owner and is typically an essential asset, that can be the basis of financing and an expectation of a stream of revenue. In many cases, an early step in the patenting process is filing a provisional patent application. This discussion will address the issues and benefits of filing provisional patent applications. What is a Provisional Patent Application? First, let’s digress for a minute and talk about regular, non-provisional patent applications . A non-provisional patent application has substantial formal requirements. It has to be formatted in certain ways, the specification should have certain parts, it has to have claims, it has to have an inventor’s declaration, and it requires fees for search and examination. A non-provisional patent application also triggers the patent expiration clock - patents normal...

If you’ve spent any time on social media platforms, you’ve come across the term “hashtag” (referred to in keyboard signage as “#”). A hashtag is a phrase or word preceded by this “#” sign and is used to categorize accompanying text content. It’s staggering just how many people are using these so-called hashtags today – from TV news anchors to socialites like the Kardashians who boast millions of “followers” via their social media feeds; it seems today, a hashtag reference accompanies everyone's name. This trend has carried over to the business sector, what with hashtags helping businesses to promote themselves and the products or services they offer, as well as representing a way to rapidly share news about these products or services, all the while interacting with their customers. There are two issues that almost always come to the forefront of conversations: Whether a business can or should “protect” its hashtags, and whether one’s use of another entity's trademark a...

The Risk of Not Using Commercially Licensed Images for Your Business Companies of all sizes use images on their websites, blogs, and social media marketing efforts. Most of these images are copied and used without commercially licensed authorization from the copyright owner of the art. Businesses are exposing themselves to potential financial risks, and potentially court appearances. Companies that license art, such as Getty Images and Shutterstock, have computer programs that search the internet for companies stealing and using their art without permission. Fines can be in the thousands of dollars for each occurrence. Individual photographers, songwriters, artists, musicians, and authors all have the same right to protect their intellectual property. Copyright laws protect all "original works of authorship" across music, art, literature, and drama, including things like movies, poetry, novels, architecture, even computer software. Unlike patents or trademarks, it is...

When You Can Terminate An Employee for Smoking Marijuana in New York State Not long ago, firing an employee for testing positive for marijuana was a regular occurrence for employers. With some states legalizing its use under certain conditions, a situation that used to be black and white has developed a lot of gray areas. There have also been a lot of gray areas developing in the mind of employers because it has been proven effective in treating some medical conditions. Marijuana use it is not appropriate in most workplaces, and some of the side effects can pose safety hazards for all the employees in the company. In states like New York, firing an employee for using marijuana must be carefully weighed, sometimes on a case by case basis. The Compassionate Care Act allows residents to legally purchase and smoke medical marijuana, which means that some people who test positive can fall back on discrimination for medical conditions. It is essential for employers to know when you ca...

For many years now, the battle has raged on between music companies and internet users that seek to download and obtain copyrighted product for free. On one side, the legitimate argument that a product that is otherwise sold is being taken, or stolen, when downloaded for free.  On the other side looms the argument that the internet is an arena of free reign in which the music companies are out of line for being concerned with.  In the recent ruling of Sony BMG Music Entertainment V. Tenenbaum USCA, First Circuit June 25, 2013, the courts certainly affirmed the legitimacy of the music industry’s complaints. Over the course of several years, Joel Tenenbaum downloaded as many as 5,000 individual songs online. This activity continued despite warnings from many parties including Tenenbaum’s own family members, friends, his college, and even a group of music companies. Eventually, Tenenbaum would face civil suit from Sony BMG Music Entertainment. The subsequ...