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Roseville Intellectual Property Law Blog

Your company's most valuable asset

Ask a business owner from 100 years ago what their number one asset was, and you would have probably been told it was their employees. That was true in a day when many people started and ended their working careers with the same company.

These days, however, jobs come and go -- and so do the people who fill them. For most companies, regardless of their size, the most valuable asset they hold is intangible: It's their intellectual property. The creative ideas and products that help a company stand out from a crowd of competitors are the heart and soul of most modern businesses.

Why might a trademark application be denied?

LeBron James of the Los Angeles Lakers recently tried to trademark the term “Taco Tuesday.” This came after he posted several videos on social media that showed James celebrating ‘Taco Tuesday’ events with his family and friends.

However, the U.S. Patent and Trademark Office (USPTO) ultimately denied the trademark application that James’ company, LBJ Trademarks, filed. According to ESPN, USPTO denied the trademark because ‘Taco Tuesday’ is too common of a phrase.

Creative trademarks are strongest

If you try to trademark a business or product name, your trademark can be either strong or weak. Since you want the strongest mark possible, it's important to consider what factors play into this.

One of the main issues is creativity. You do not want to do anything generic. In some cases, words or phrases that are too common or generic are unable to be trademarked at all -- though disputes do arise when all parties do not agree on just how generic a word is or whether or not it should be allowed protection.

Copyright case leads to record verdict but small payout

A recent copyright case between Xceligent and CoStar has finally come to a close after years of proceedings. It set a record with the award given out: $500 million. However, the money that will be paid by the insurance company involved in the suit is much lower, at just $10.75 million.

The case stems from the allegation that Xceligent stole "tens of thousands" of different images, which were being stored on the databases run by CoStar. It is that action that led to the ruling that they had caused $500 million in damages.

Most people do not encrypt their email

People often ignore security measures when it comes to digital messages and assets. They know that things like firewalls and anti-virus software packages can help in theory, but they assume they don't really need them. They're hesitant to pay for anything and may only use free services or nothing at all.

The same is true for email encryption programs. Unless they get it for free with an email provider, they may ignore the need entirely. They often do not take that next step and use a serious encryption program that protects their information from almost every malicious source on the internet.

Kawhi Leonard's lawsuit against Nike leaving California

Kawhi Leonard has major ties to California and hoped to keep his intellectual property lawsuit against Nike in the state, but it appears that will not happen. A California judge recently allowed the case to move to Oregon, where Nike has its headquarters.

Nike, citing their contract with the NBA superstar, had asked for the venue to be changed. The judge agreed that it should be.

What to know before applying for a patent

Patents are a great way to protect an invention or any intellectual property you create. They prevent others from legally stealing your invention and claiming it as their own. Patents also grant you exclusive rights to your invention and allows you to take legal action against others who infringe upon your rights.

There are various types of patents that exist. The process to apply and be approved for a patent can be unclear for many. However, the following information may give you a better idea of how the process works, which patent may be right for you and why consulting with an attorney can be essential during the application process.

What an effective logo must have

Designing a logo is not easy. You want something that really fits with your brand and your vision. You know that it helps to build brand identity, so you absolutely do not want to change it after you decide on it. That could set you back dramatically. As such, this is an area where you cannot make a mistake.

To create the perfect logo, remember that it must do the following things:

  • It must be distinctive and stand out from the crowd.
  • While it does not have to inform the reader about your business, per se, it does need to be appropriate for the industry.
  • It must be practical and make sense at a glance. Avoid things that are overly complicated or that try to do too much.
  • It must convey a message to everyone who sees it. Typically, that message is simply identifying your company, but it's also the start of your branding.
  • It must be a simple graphic creation that can be applied to products, packaging, signs, advertisements and much more.

Imagination drives progress and business

What drives your business? You can probably point to a number of things: your employees, your dedication to customer service, your cutting-edge products and services.

However, some argue that one thing that drives progress, innovation and achievement is simple. It's imagination. It's that next idea. It's coming up with something brand new or solving a problem in a new way. That's more important than anything else that you do.

Can you read an employee's email messages?

You're worried about your employees leaking trade secrets. You think it may happen via email. You understand just how fast information can change hands in 2019.

To keep track of everything, can you monitor the email messages your employees send? Or do they have a right to privacy? What if they use a personal email address at work? Does that change anything?

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To protect your valuable idea, contact our lawyers at Costello Law Corporation to set up an initial consultation. We are ready to assist you in any intellectual property issue.

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