Time and time again, we’ve discussed that your intellectual property (IP) is an invaluable aspect of your business. As more and more tech startups gain prominence, a significant issue needs to be addressed regarding protecting your IP: should software be protected by copyright or patent? For years, companies believed that copyrighting software was the logical method to protect it from being imitated. Since then, it has become clear that copyrights have become a little more ambiguous when it comes to whether someone copied an idea from a piece of software.

Continue reading “Protecting Your IP: To Copyright or Patent? That Is the Question.”

A scandal that rocked the world half a decade ago is finally drawing to a close. UK Prime Minister’s former Director of Communications, Andy Coulson, was found guilty of conspiring to hack phones from 2000 to 2006 while he was the editor of News of the World, a subsidiary of News Corp. But News Corp is in the news for more than a criminal offense. News Corp Australia owns 142 newspapers and recently started a feud with new kid on the block, Daily Mail Australia. The acrimony started in early June when News Corp threatened to sue Daily Mail if they did not cease plagiarizing their work and called Daily Mail’s journalists “copy snatchers and parasites.” Daily Mail countered back by stating that News Corp has lifted 10 of their stories from their website without citing proper credit or linking back to the original story. Amongst the stories lifted, Daily Mail claimed News Corp had used an exclusive video of One Direction smoking cannabis without providing them with proper credit.

Continue reading “Don’t Get Sued for Copyright Infringement Despite Fair Use”

As we have previously announced, CEO Mary Juetten is now a regular Forbes contributor. We’ve started the Traklight on Forbes series to keep you up to date with all her awesome posts. Check back every week for more content! Thanks for reading!

Continue reading “Forbes Update: Female Innovators in the Business of Law”

If you don’t know what an internet meme is, let me first congratulate you on living what is most likely an emotionally healthy and self-actualized life. For the rest of us who plumb the depths of the internet daily, we know that a meme is a type of shorthand to express a certain reaction, ranging from socially awkward penguins to grumpy cats to Captain Picard expressing his incredulity with salty language, and anything in between. One of the most popular of all internet memes is that of Doge, a picture of a Shiba Inu dog expressing its amazement in a series of somewhat nonsensical phrases. But as one company looks to capitalize on the popularity of the meme, it might find itself in for many legal challenges and much aggravation.

Ultra Star Entertainment LLC has filed to trademark the use of the word “doge” for use on clothing, specifically “men’s women’s and children’s wearing apparel, namely, shirts, pants, jeans, sweaters, sweatpants, sweatshirts, shorts, T-shirts, and pajamas.” While this certainly isn’t the first attempt to monetize an internet meme, the Ultra Star filing may have further reaching consequences than a property such as Grumpy Cat (who would undoubtedly be in favor of consequences of any kind). The doge meme served as the inspiration for the creators of the cryprocurrency Dogecoin (not to be confused with Bitcoin.) When news of the Ultra Pro filing began to circulate the Internet, the digital currency platform Moolah announced its intentions to file in opposition to the trademark application on Twitter:

Continue reading “Company Files Trademark Related To Internet Meme”

Previously on our Taking the Scary Out of Startup series, we discussed how plan and focus are key elements to achieving your ultimate goals.

Continue reading “Taking the Scary Out of Startup: Why Startups Succeed, Part 10”

Trademarks are an essential way to protect your intellectual property (IP) so you can market your goods and services under your brand. However, if you have ever gone through the trademark registration process, you know the challenges in trying to find out whether the idea is already protected. Trademark applications are not cheap and the cost of refiling again and again is a wasted expense. To ensure the application is filed right the first time round, it can take up numerous resources and time that you may not have. Even then, you might miss information about a trademark that could eventually put you in danger of infringement.

Continue reading “Streamlining the Search Process for Trademark Registration”

Previously in our Intellectual Property (IP) Best Practices series, we introduced step two to maximizing your IP: Protect. Please check back every Monday for the next step in this series.

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People tend to forget about intellectual property (IP) after registering it once–a mistake that can cost dearly. As we discussed in our previous blog about protecting IP, the goals of startups or entrepreneurs can change over time, and as such the utility to be leveraged from your IP can change. Even if your goals do not change, some IP may require renewals or routine registrations and filings. Trademark infringement, for example, has to be policed by the owner; no government agency does it for you. Failing to do so may lead to loss of the trademark.

Continue reading “IP Best Practices: Managing Intellectual Property, Step 3”

I started working with Traklight in December of 2013. My initial introduction was by email, and my interview by Skype. I had never worked remotely before and was apprehensive regarding how it would work. How would they know I was really working? How would I know if they thought I was getting the job done? Could I really do a great job from over a thousand miles away?

Continue reading “Startup Advice: The Pros and Cons of Working Remotely”

When we think of trademarks in business, we think of slogans, phrases, logos, and symbols. But both the WIPO and the Lanham Act define this segment of intellectual property (IP) broadly as anything used in commerce and distinguishes a brand from others in the market. That includes shapes, sounds, fragrances, and even colors–although it is a lot harder to trademark a color, it is not unheard of. The party seeking such a trademark must establish that consumers in the specific market associate the color with their products. Back in 1995, the US Supreme Court in Qualitex Co. v. Jacobson Products Co., Inc. held that a color could be trademarked if the owner could show that the color acquired “substantial distinctiveness” and “secondary meaning in the market.”

Continue reading “Trademarks in Business: Black Is Not the New Green”

Last week’s Traklight on Forbes series mentioned six female innovators who are shaking up the legal tech scene. Check back every week for more content. Thanks for reading!

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This week, Mary interviews Michael S. Melfi, Founder and entrepreneurial attorney of the intellectual property (IP) law firm Melfi & Associates PC, and General Counsel for the new crowdfunding platform Funderbuilt. Michael provides startups, entrepreneurs, and business owners with some great advice on the important relationship between smart crowdfunding and IP. Here’s a short snippet to peak your interest:

Continue reading “Forbes Update: Crowdfunding and IP Tips from an Entrepreneurial Attorney”