Arthur R. Lehman, L.L.C.

intellectual property Archives

LeBron accuses 'Bama of copyright, trademark infringement

When it comes to intellectual property in the public eye, brands - and rightfully so - can be very protective. Some brands, such as one represented by a certain round-eared rodent mascot, are infamous for how aggressively they police and protect their images, trademarks and copyrights. It appears that LeBron James' multimedia platform "Uninterrupted" looks to be a brand that wants to be known for its fierce approach to apparent infringement.

What is a trade secret in New York?

A trade secret is a type of intellectual property that can be protected by law. In New York, a trade secret is a formula, device, pattern or other information that is compiled to use in a business that gives the business a competitive advantage over others who don't have or don't know how to use the same information. If someone attempts to appropriate a trade secret, New York intellectual property law can protect its legitimate owner.

Cyrus sued in New York over alleged infringement

Copyright infringement can be costly, particularly when the work of one artist is used without permission in the successful work of another. A lot of ink has been spilled on famous - and infamous - cases of infringement that have resulted in the repayment of royalties, injunctions and shared copyrights. Sometimes infringement is avoidable (Google is widely available), and often it has been found to be unintentional. Even so, under most circumstances, an unintentional infringer may not continue to profit from the work of another.

Protect your intellectual property in New York

Manhattan is a hotbed for ideas. Major corporations have trade secrets they want to keep close, tech startups need to trademark their names and logos and all manner of creatives, from playwrights to authors, have original works for which they'd like to retain the rights. Broadly speaking, all these concepts are known collectively as intellectual property. And fortunately, you can protect it.

How does one register a copyright in New York?

Copyright law affords the creators of original forms of material expression - such as written works, films, and recorded performance - exclusive use and ownership in their own works. It also provides penalties for those who attempt to profit from another's original material without the permission of the copyright holder. This particular form of intellectual property protection is key to ensuring that those engaged in creative works are rewarded for their originality.

Beyoncé: Trademark dispute is mere profiteering

A brand's intellectual property - including the brand's name, itself - can be be extremely valuable. In cases where the look and feel of a logo or even the words used in the name of one brand are too similar to those used by another, a dispute can arise. Disputes can be expensive, wasting a lot of a brand's time and resources. This is why it is important to protect a brand's intellectual property through all available legal devices, such as trademark protection.

Hockey team and Army in a trademark dispute

Trademarks are important to Manhattan businesses, because trademarks are a key part of how companies present themselves to the world. A unique trademark helps potential customers distinguish a company from the rest of the field. This is why companies will fight to keep their trademarks and fight to prevent others from using the same or confusingly similar marks. These worthwhile fights can be a lot more complex than some businesses bargain for. The owner of one professional hockey team has discovered this.

What is intellectual property?

As previously mentioned, a business's brand in everything. It is what connects the business to the general public and what really helps the company flourish. Any damage caused to a business's brand could harm their reputation and even the ability for it to remain in business. Because of this, businesses in New York and elsewhere should take steps to protect their brand by protecting their intellectual property.

Helping you protect your business and its brand

Much like a person can have a specific branding, the details that make them who they are, a business has the same branding. The name, a trademark, advertising and any other defining factors make a business. These details link the business to the public, and this is what makes a business thrive. Thus, when another business encroaches on these details, this can cause public confusion and harm to the business. Protecting intellectual property is important, especially when other companies in the industry put it at risk.

What is the Defend Trade Secrets Act of 2016?

What rights does a trade secret holder have when their trade secret has been misappropriated? Depending on the specific circumstances, a Manhattan business owner may be able to seek a remedy in the New York state court system. A Manhattan business owner may also be able to seek a remedy in federal court. This is because of the enactment of the Defend Trade Secrets Act of 2016. This law came into effect in May of last year.