by eclewis | Jul 26, 2011 | Business News, IP Law
The Largest Trademark Infringement Case Ever
In a recent article on Yahoo, it was reported that trademark and copyright infringement was taken to a new level in China. While it has been common knowledge that China does not diligently enforce intellectual property rights, the fact that it lets a full store be created is almost humorous. This isn’t a copy of the newest DVD or a purse. This is an entire store – as described in the article, it is a store that appears to be an Apple Store in ever aspect. It has the white paint, the Apple logo, macs and iPads (whether legitimate ones is a question). Minus, of course, that it isn’t owned by Apple. It even has employees, who wear the blue shirts and Apple-like employee badges, who stated they thought they were working for Apple.
As intellectual property becomes more valuable – whether it is in the form of software, pictures, websites, or the look and feel of a store – companies are working harder to protect it. In the United States, to enforce intellectual property rights usually starts with a cease and desist letter. In the cases where this doesn’t work, courts will hear the case and judge appropriately. However, what do you do with a country that has no enforcement?
In order to become part of the larger picture, China is going to have to start enforcing intellectual property rights or it is going to remain the stepchild of the IP world. Why would a company want to enter into a country where its very identity could be easily stolen? Let this article serve as a warning to any company that is looking to do international business with countries that are lax in their enforcement.
If you have questions about your rights in intellectual property or want to trademark or copyright your newest creations, contact Elizabeth Lewis your Denver business lawyer today at 720-258-6647.
by eclewis | Jun 30, 2011 | Business News, IP Law, Online/Social Media Law
Monday we talked about how copyright infringement is more public now than twenty years ago. It is also my opinion that part of the issues is that those who have grown up with the Internet don’t see copyright infringement as that big of a deal. Napster, eDonkey, Gnutella, and other sites were the first in a wave of being able to share copyrighted music and movies with not only those that lived in your neighborhood, but those who lived in another country. Youngsters (and even older folks) would just download songs from these sites without thinking twice about the fact they were committing copyright infringement. A whole generation has grown up where “borrowing” and “sharing” are the new terms for copyright infringement.
In addition to being able to easily commit copyright infringement, I think more people (especially those that are younger) don’t see music, videos, or other things as something that can be “owned”. When I was a kid, you had to buy content. When a band came out with a new album, you had to purchase the album to all of the songs on it. Only a few were played over the radio. To watch the videos, you had to have cable to get MTV (back when it played music videos that is). To get a book, you had to buy the book or borrow it from a friend who had bought it (many times fair use, which is another discussion) – to copy it on a printer was not worth the time and money that it took, in most cases you could buy the book cheaper than copying it.
However, with the advent of the internet, that all changed. All of sudden, you did not have to pay a cable bill to see the newest music video – you just went online. You did not have to make a mixed tape in your basement – you did it with a few clicks of a mouse. As a business owner, if I “borrow” something a business owner has written in a far away state, it no longer goes to 1,000 people in my metro area which the likelihood of that business owner knowing I even borrowed means they has to know one of those thousand of people here, but is put on my blog which may have a readership in every major city in the U.S., not to mention available by Google search.
Many people think that because it is online that it has been shared with the world and that the rights of the author have been given up. Of course, as we business attorneys know, that isn’t the case. People keep rights to works even if they distribute them online. They don’t give up rights just because they have published something online. However, as more people grow up online it may be that the laws will need to catch up to the change in society.
If you have questions about whether a work you have found online can be used on your site, contact your Denver small business attorney, Elizabeth Lewis today at 720-258-6647 or Elizabeth.Lewis at eclewis.com.
by eclewis | Jun 27, 2011 | Business News, IP Law, Online/Social Media Law
On Friday, June 17, 2011, I was invited to be part of the conversation at the Social Marketing for Business Meetup. One of the questions I was asked as part of this conversation was why is copyright infringement seem to be so much more prevalent now than before the advent of the internet. In my opinion, the answer is twofold. First, it is easier to infringe on someone’s copyright today in public view than it was 20 years ago. Second, it is more acceptable among younger generations to infringe on someone’s copyright.
In regards to the first point, even twenty years ago copyright infringement occurred. A teenage boy trying to woo a teenage girl would create a mixed tape of her favorite songs – I highly doubt more than 2 boys twenty years ago got permission to do these mixed tapes (although I have nothing to back this claim up, it is just an instinct). People would use two VCRs to copy one videotaped (and copyrighted) movie to a blank tape. Bars would play copyrighted music into the night without paying royalty rights. Copyright infringement occurred twenty years ago – it just wasn’t as visible as it now – or as detectible.
Twenty years ago, it would be hard to for the general public to learn that a forlorn teenage boy had made a mixed tape to get the girl he loved to go to prom with him. Today, a 2011 version of that forlorn boy posts a musical stream to the girl he loves on his blog and within a few days, it is the stuff of legends on Comedy Central. The posting of a single photo online can end up on a thousand sites by the end of the day. And with tools like Google Alerts, the owner of an authored work can have digests sent to them of posts using a similar sentence.
Twenty years ago, copyright infringement occurred in small doses behind walls and out of public view. It happened – don’t get me wrong. However, it wasn’t happening online for hundreds, or millions, to see. The Internet and other modern technological devices like the iPod and computer make copyright infringement easy and something that can be done in public view.
Stay tuned for Thursday’s post on how society’s view of copyright infringement is changing. Until then, if you have questions about whether you may have infringing materials on your website or any other questions about your business, contact your Denver business lawyer, Elizabeth Lewis today at 720-258-6647 or Elizabeth.Lewis at eclewis.com.
by eclewis | Jun 23, 2011 | Business News, IP Law, Online/Social Media Law
Whenever I give a talk on online marketing law, social media law, or intellectual property law, the first question I try to answer (and many times am asked), is exactly what is a copyright? The U.S. Copyright Office describes copyright as “a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression” covering both published and unpublished works. To be more specific, copyrights typically cover artistic works such as drawings, literature, paintings, and photos. When looking at the online world, it covers areas such as blog postings, music, photos, software, website content, and videos.
To get a copyright, one only has to put the idea to paper (or in our modern age, on your computer, laptop, iPad, etc) – for instance, as soon as I wrote down this blog post, I had a copyright in this blog post. The picture attached to it is one that I took – and I received a copyright in that photo as soon as I took it. I did not have to register anything, I did not have to pay anything for the copyright, I did not have to do anything except have the idea and put it in a tangible form (i.e. take the photo, write the blog post, sing the song). However, in many cases, I may want to register the copyright to gain additional rights in the work and to help prove the work is mine.
To register a work that I have created, I have to file with the U.S. Copyright Office. Depending on what I am registering, I may have different forms or different filing costs. In most cases, it costs around $35.00 (although the fees may be more) and can be done online. Once I have registered my work (for instance lets say, this blog post), I have additional statutory damages I can claim. That means that if someone uses my blog post without permission (aka commits copyright infringement), I can get higher damages in a court case than I could if the work was not registered. In addition, in many cases, I am entitled to attorney fees making my case my appealing to attorneys to take.
To summarize – a copyright is a right in an authored work that is put into some type of tangible form (a book, a photo, a video, a website). You get a copyright in the authored work as soon as you put it into tangible form – you do not need to register it to have a copyright. However, you may want to register it as it may be difficult to prove the work is yours (even if you send yourself a “Poor man’s copyright version”) if you do not register it and registration gives you rights to additional damages.
If you have questions about whether a work you have created has a copyright on it or whether you should register the copyright, contact your Denver business attorney, Elizabeth Lewis today at 720-258-6647 or Elizabeth.Lewis at eclewis.com.
by eclewis | May 31, 2011 | Business News, IP Law, Misc. Legal Tidbits, Online/Social Media Law
There are multiple events coming up this month that me, your Denver business lawyer, will be at that may be of interest to you:
June 4, I will be at the UnJob Fair at Colorado Free University. I will be presenting on legal issues for small business owners as part of this information-packed day.
June 7, I will be presenting my first Brown Bag for the Denver Small Business Development Center on online liability issues for small businesses.
June 11, I will be presenting on online liability issues when blogging for B4W4.
June 15, I will be presenting employment law issues at Front Range Community College.
June 17, I will be the featured speaker at the Social Media Meetup.
For more information about any of the above, or if you need help with your small business, please email me, your Denver business attorney, at elizabeth.lewis at eclewis.com!
by eclewis | Mar 17, 2011 | Business News, IP Law
When filing a trademark, clients ask me, their Denver Small Business Lawyer, whether they should file a state or a federal trademark. To answer this question requires a two-prong test. First, I ask clients whether they plan to only use the trademark in Colorado or whether they are going to use it in other states also. Second, I ask clients if they plan on doing any online sales as this can easily cross state lines even if they don’t plan to physically open stores or offices in other states. If a client answers yes to wanting to use the trademark in another state or plans to sell online, then I lean towards a federal trademark; although, there are many other factors that may change this on a case-by-case basis so talk to your attorney to see if this is the right for you.
Second, I ask clients if they have the funds to secure a federal trademark. Federal trademarks are both more expensive and time consuming than state trademarks. If the chances are slim that they are going to use the trademark in other states and their funds are limited, this may be the deciding factor; although, again, talk to your attorney.
State trademarks are great if you are only going to use the mark in Colorado. However, federal trademarks protect you throughout the US. State trademarks are cheap and quick. However, federal trademarks are easier to enforce and allow for multiple claims if infringement occurs. Therefore, it is always best to talk to a professional prior to filing to see what you should do! As always, you can call me, your Denver Business Lawyer, at 720-258-6647, email me, or click on the right to Book an Appointment now!
