Arthur R. Lehman, L.L.C.

intellectual property Archives

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.

Protection of intellectual property for all New Yorkers

Last week on our New York business litigation blog, we reviewed the case of a decades-old work of art whose ownership has been challenged in court. The high-profile intellectual property dispute served to illustrate important legal principles for our Manhattan readers. But some may be left wondering: is protection of intellectual property really something that your average artist or creative individual, who may be struggling just to get by, needs to worry about?

What is a copyright and how is it enforced?

Huge numbers of books, websites, musical pieces, promotional materials, performances, computer software and more are protected by the copyright laws of the United States. Many New York businesses have such works that they may wish to protect with copyright protection. But what is copyright protection?

5 questions you should ask about non compete agreements

In today's job market, employees making frequent job changes, as well as changing companies, has become commonplace. Non compete agreement are typically used to protect employers from having trade secrets exposed when an employee leaves the company. But how enforceable are these agreements? An employer can have a better chance of protecting themselves and their business by creating non compete agreements that are more specific and reasonable.

A short introduction to trademark law

Trademark law is one area of intellectual property law that involves huge numbers of people and companies. Not every Manhattan business person has a patent or a copyright, but many do have a trademark that represents their business in the eye of the public and that they wish to defend vigorously. Our readers should familiarize themselves with an introduction to trademark law.

Federal Court in New York allows Instagram case to move forward

It seems like people in New York these days have a myriad of ways in which to capture their artwork. Gone are the days when paintings were made on blank canvases and photographs were taken with film and later developed. Digital photos these days can be taken with a smartphone and shared on a variety of platforms. However, this could lead to legal issues, as one recent case shows.

Helping employers and employees with intellectual property issues

When drawing up employment contracts, employers in New York naturally want to include provisions protecting their intellectual property. This is why many employment contracts limit the rights of employees to accept certain positions with certain other employers soon after leaving the employment of the contracting employer. Employees, on the other hand, may determine that these non-compete clauses are not enforceable or are not applicable to their specific circumstances.