Intellectual Property Law Services in Duncan Falls, OH

Does copyright law protect my photos posted on social media?

U.S. copyright law protects creative works, and photos posted on social media are no exception. The Copyright Act protects photos posted to websites such as Instagram, Twitter, and Facebook, but only if the images meet the minimum creativity requirements, are original, and are fixed in a tangible means of expression. When a photographer captures a photograph, they make creative decisions as to the subject matter, lighting, exposure, focus, etc., which typically satisfies both the creativity and originality requirements. Photographs taken with a phone or digital camera meet the fixation requirement when it is recorded or stored in a format that can be preserved and retrieved for future use, display, reproduction, or other commercial exploitation.

Five different types of Utility Patents in Duncan Falls, OH

A utility patent is a legal protection granted to investors for new, useful, and non-obvious inventions. There are five major types. A “process patent” is a protection granted to anyone who invents or discovers a new and useful process, which can include chemical, industrial, or technological processes. A “machine patent” protects mechanical devices or combinations of mechanical elements that work together to produce a certain effect or result. A “manufacture patent” protects the method with which a new or original product is manufactured. A “composition of matter patent” covers new and useful compositions of matter, whether they be chemical compounds or mechanical mixtures, and include gases, fluids, powders, or solids. Finally, an “improvement patent” protects the distinction between a new product and previously existing products of a similar type.

What are the benefits of hiring a Duncan Falls trademark attorney to protect your brand or name?

Trademark attorneys specialize in all areas of trademark law, including registration at the USPTO, counseling, and enforcement. Because there are many nuances in trademark law, having an experienced attorney guide you will help avoid potential complications, especially during the registration process. For example, a Duncan Falls trademark attorney will know which forms to file with the USPTO, which classes of goods and/or services to apply in, and how to describe these goods and/or services. An attorney will not only be able to help you accurately prepare your application, but will also be able to respond to the USPTO if the examiner finds any issues with the application.

How do I protect my Duncan Falls, OH 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.

What type of services does an intellectual property attorney in Duncan Falls provide?

An intellectual property (“IP”) attorney isn’t just for filing patent applications. An IP attorney should be well-versed in trade secrets, trademarks, unfair business practices, and copyrights. Some of the key services Axenfeld Law provides include patent prosecution, trademark registration, copyright registration, litigation to enforce your intellectual property rights, and domain name disputes. Axenfeld Law can also work with your business to license or transfer your IP rights, whether as an individual transaction or as part of a larger deal, such as IP due diligence for mergers and acquisitions. This would include assessing your IP portfolio and determining the steps needed to protect your IP while maximizing its value.

Axenfeld Law has experience in representing Duncan Falls, OH businesses and individuals before the U.S. Patent and Trademark Office (“USPTO”) involving both trademarks and patent matters. Additionally, Axenfeld Law’s litigation team is well versed in all areas of intellectual property law and can represent you in enforcing your rights against infringers or defend you when accused of infringement. IP law is a complex field with each sub-area of law containing its own nuances, therefore it is imperative to look to a team like Axenfeld Law that is familiar with the practical intricacies in order to maximize the value of your IP while minimizing the costs.

What if someone posted my photo and removed my Duncan Falls 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.