Intellectual Property Law Services in Box Elder County
How do I protect my Box Elder County brand?
Brands can be protected by trademarks and trade dress. “Word marks” are a form of trademark that can protect the actual wording of a brand name, while “design marks” are trademarks that protect the stylization or graphical elements of your brand name. Additionally, trade dress can protect the design, shape, or appearance of you protect, such as a distinctive bottle or textile pattern. You can obtain a federal trademark or trade dress by registering with the U.S. Patent and Trademark Office (USPTO). A trademark attorney can help you search existing trademarks and trade dresses to ensure your brand is unique, and then file a trademark application on your behalf. If approved, you will have the legal right to exclude anyone else from trying to mimic your brand, whether by appropriating the words or design elements of your brand.
How can a copyright attorney help your company avoid Box Elder copyright infringement?
Copyright infringement occurs when a business or person engages in the unauthorized use or reproduction of a copyright protected work. Intellectual property law is continually changing and while the rules and statutes at issue remain the same, the implementation of the law often does not. This is especially true on the internet, where a work’s copyright protection is not always obvious and emerging technology, like generative artificial intelligence, tests the boundaries of existing intellectual property jurisprudence. Copyright attorneys, like those at Axenfeld Law Group, can help keep your company abreast of these changes to avoid potentially infringing conduct. To the extent your company is faced with a lawsuit for copyright infringement, Box Elder copyright attorneys can also defend you against these allegations and/or work with the copyright holder to negotiate a mutually beneficial resolution.
What if someone posted my photo and removed my Box Elder copyright information?
“Copyright Management Information” (or CMI) includes the identifying information about a work’s copyright owner, among other things. Digital Millennium Copyright Act created a separate prohibition from knowingly removing or altering Copyright Management Information. If someone has knowingly removed your watermark, the title of the artwork, the year it was created, your name, or certain other identifying information from your photo before posting it to social media, you may have a cause of action against that person. The key is that the other person must have known, or had reason to know, that their actions would induce, enable, facilitate, or conceal an infringement. The attorneys at Axenfeld Law can assess your options and determine the best course of conduct to enforce your rights.
How do I protect an invention in Box Elder County?
Inventions can be protected by patents. Patents are a form of intellectual property right that give a patent owner the exclusive right to make, use, or sell an invention for a specific period of time. A patent owner has the right to sue someone for patent infringement who is making, using, or selling their invention without their. In order to obtain a patent in the United States, you must file a patent application with the U.S. Patent and Trademark office (USPTO), disclosing enough information about your invention to satisfy the USPTO that your invention has some useful purpose, is novel, and is not obvious to ordinarily-skilled people in your field. U.S. patents can last for up to 20 years, after which your intellectual property rights expire, but unlike with trade secrets, Box Elder County patent owners do not have to maintain the confidentiality of their invention.
Can you protect your username / handle on social media?
You’ve spent hours building your brand on social media. Protect your Instagram, Facebook, Tiktok, and Twitter handles by registering the username with the United States Patent and Trademark Office ("USPTO"). If you are successful in registering your social media username, you will be establishing its role alongside your brand. This can help prevent others from exploiting your reputation and the goodwill you have built up through commercial use of your username.
Social media handles are eligible for Box Elder trademark protection if they are used in connection with the goods or services you offer. This means that the handle must be distinctive and not merely descriptive of the goods or services you offer.
Treat your username or handle as a brand name and ensure that you are able to use it in commerce. This process begins with a trademark search, and if successful, a trademark registration application. This will ensure that no one else is using your name in an area of commerce that is similar to yours and prevent consumer confusion and diversion of sales. Axenfeld Law offers a full suite of services to help build, protect, and enforce your brand. This includes thorough assessment of your brand and the development of a strategy to protect your social media business.
What is a Cease-and-Desist Letter?
A cease-and-desist letter is typically the first step in protecting your Box Elder County trademark rights once you determine that a third party is using your mark without authorization. The purpose of a cease-and-desist letter is to alert an unauthorized user to your trademark rights and ask the unauthorized user to cease their infringement. It also typically puts the alleged infringer on notice that if they do not stop their unauthorized use, they may face further legal action, such as a lawsuit.
While this letter does not need to be prepared by an attorney, a trademark attorney can help you craft a compelling letter, detailing all of the legal and factual bases for your demand. Furthermore, an unauthorized user is more likely to respond favorably to a letter from an experienced attorney. When successful in getting the alleged infringer to cease their unauthorized use of a mark, demand letters are the most cost effective and efficient way to resolve a trademark dispute.