Intellectual Property Rights in Virginia
A common misconception is that only large, high-tech companies have intellectual property.
Many businesses equate intellectual property with patents. That is correct, but it also encompasses trade secrets, copyrights, trademarks, service marks, domain names, trade dress, customer lists, and goodwill.
The truth is that all businesses have intellectual property worth protecting. It is important to identify, value, and protect it. It is also important for businesses to know the basics of intellectual property law so that they do not violate rights afforded to other businesses.
But knowledge of the law can get so only so far. Business owners need to be proactive and develop procedures to guard against internal threats by using Nondisclosure and Nonuse of Proprietary Information Agreements.
TRADEMARKS and SERVICE MARKS
Is a symbol, word, or words legally registered or established by use as representing a company or product. It is any device (name, logo, etc.) that its owner uses to identify a business' goods or services. How exactly can I help you?
By conducting a legal analysis, I can help you answer the following questions:
1. How strong are my proposed trademarks and service marks?
2. How do I respond to a cease-and-desist letter from a company that claims I am infringing on its trademark?
3. How strong is my case against an infringer?
I can also help you negotiate with the other business in order to avoid expensive litigation and come up with a satisfactory solution.
Is the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same. How exactly can I help you?
I can help you with the following:
1. Prepare a work-for-hire agreement to make sure your company retains copyright rights.
2. Assist you in timely registering your work to ensure full benefits.
3. Determine whether you are infringing on someone's copyright rights or whether they are infringing on yours.
4. Analyze whether you can quote or paraphrase someone without being sued.
5. Analyze the strength of your claim or the claim against you.
6. Help you with the sale of or licensing of your copyright rights to others.
This is a very important area of business law. Do not make the mistake that many new businesses make and wait until the trademark or copyright issue is beyond repair.