Have you ever noticed on the internet two businesses functioning under the same or similar trademarks? This is not an uncommon occurrence, but if each business is producing different products or services, there is usually no problem. If the businesses are selling...
Marks Gray
Trademark Tip: Why to Register in Black and White
Consider registering your trademark in black and white. This protects trademark use in all colors, rather than only limiting protection to the colors provided in a color image. If color is vital to your brand, consider two applications: one in black and white...
Copyright Tip: When There’s No © Symbol
All original works of authorship are protected by copyright as soon as they are created and placed in a fixed format. This is true even if there is no © symbol used. Be safe. Always obtain permission before: Reproducing the work Distributing copies of the work...
Options for Protecting Original Software Code
Protecting your original software code allows you to gain control over how your idea is distributed to the public. Do you want it to be open source? Licensed? Kept secret? Furthermore, without legal protection, you could even be prevented from using your own code in...
Broughan to Chair JBA’s Franchise, Intellectual Property, and Technology Committee
Crystal Broughan will serve as the Jacksonville Bar Association’s Chair of the Franchise, Intellectual Property, and Technology Committee for 2017-2018. Her Vice-Chair will be Kate Rowe with Smith Gambrell. Crystal will be attending the Jacksonville Bar Associations...
Tips for Avoiding Intellectual Property Litigation
Litigation can be time-consuming, expensive, and damaging to your business’s reputation. Fortunately, there are steps you can take to reduce your chance of being involved in unnecessary litigation related to IP. DO conduct a trademark search to see if anyone else is...
Copyright FAQ: Internet Images and Articles
If an image or article is free and publicly available on the web, can I use it with attribution? Not without permission from the appropriate copyright holders. If it is an original work of authorship, it is covered by copyright – no matter where you found the...
KISS’ Gene Simmons – and the Importance of a Proper Trademark Search
Recently, The Hollywood Reporter wrote that rock star Gene Simmons of KISS filed a trademark application to register the “devil horns” hand symbol. He claimed that he first used the hand gesture in commerce on November 14, 1974. Unfortunately, the hand gesture may be...