Copyrights and Intellectual Property
Most Common Copyright Violations
Since copyright law was updated in 1989, any original creative work or expression that is fixed in a tangible physical form like a book or work of art has copyright protection. But by registering your work with the U.S. Copyright Office, you ensure your copyright can be enforced in a U.S. court.
A copyright protects original creative works including the following:
- Movies and DVDs
- Plays
- Videogames
- Paintings and sculptures
- Sheet music and recorded music
- Books, novels and poetry
- Choreography
- Architectural designs
Defending copyrights is not easy because those who infringe can claim innocence in a variety of ways and hide behind exceptions allowed by the Fair Use Rule of copyright law. For those looking for a good copyright lawyer in Orange County, it is important to understand that the extensive experience of Klein & Wilson, who understand how important a business's copyrights are to its continued financial success and work tirelessly to both pursue and defend infringement litigation. These lawyers are skilled at advising clients on how best to protect their copyrights and understand copyright laws in Orange County.
Trademark Litigation in San Diego County
The United States Patent and Trademark Office (USPTO) regulates trademark registration in San Diego County at the federal level. If you are weighing whether to register a trademark, Karl Neidert & Associates can help you arrive at an informed decision.
According to the USPTO, a trademark is the right to "protect words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods." However, disputes over trademarks often arise between businesses and entrepreneurs. Karl Neidert & Associates represents clients in San Diego County trademark defense cases. We also bring plaintiff action on behalf of our clients in cases involving trademark infringement in San Diego County.
Arrange a consultation to discuss trademark litigation in San Diego County. Rely on our expertise for trademark protection in San Diego County. Call 858-207-6469 or contact us online today to arrange a confidential, no obligation consultation.
Karl Neidert & Associates
12434 Cloudesly Drive
San Diego, CA 92128 (San Diego County)
Phone: 858-207-6469
Web: http://www.karlneidertlaw.com
The Word about Microsoft – Patent Verdict Revisited by Microsoft
The makers of Microsoft Word have a patent problem on their hands. Recently, a ruling was handed down by the US Appellate Court fining the software mega-giant $290 million. The fine included an order to stop sales of Microsoft Word as of today.Â
The lawsuit began in 2007 when a Canadian company, i4i Inc., accused Microsoft of patent infringement for their XML editor which was being sold as a part of Word. Microsoft appealed the decision, and in December of 2009, lost its appeal.
On Friday, Microsoft filed a case with the the US Appellate Court asking to re-evaluate its decision. The software giant is now selling Word without the XML editor in dispute as of today. Current versions of the software used by consumers will not be recalled.
Interestingly enough, share prices of Microsoft have risen.
Of IP Law and Cease and Desist Requests
A cease and desist letter (C & D) is a request or order to stop an activity or practice, or else face legal action. A cease and desist letter or request can be sent to an individual, business entity or other organization.
"Cease and desist" may be used in two different circumstances. a cease-and-desist letter can be sent by anyone, although typically they are drafted by an intellectual property lawyer. Cease-and-desist orders can be issued by a judge or government authority.
A judge may issue a cease-and-desist order with the intent to halt an illegal activity. Government agencies may use cease and desist orders to stop or prevent the sale and of unregistered or fraudulent securities, dangerous or risky banking practices, or to enforce licensing statutes. It is recommended to enlist the services of an established IP law or copyright infringement attorney.
