Archive for December, 2008

Copyright Basics

Sunday, December 7th, 2008

A copyright is extremely easy to obtain.  Under federal law, an author need only come up with an original work and then “fix it in a tangible medium of expression.”  That’s it — you’ve automatically got a copyright in your new work, and the copyright lasts for your life plus seventy years.  But still, the definition is a bit hard to grasp without an example.  Take this blog entry: I, the author, wrote this entry (the original work) and then put it into our blog page and clicked publish (fixing it in this tangible medium of expression).  I now enjoy (more…)

Establishing a Trademark

Friday, December 5th, 2008

Trademarks are often one of the most valuable pieces of intellectual property a business can own since they identify and set apart a business from its competitors.  Many businesses view trademarks simply as a label or emblem (think McDonald’s golden arches), but in reality they can come in all sorts of forms.  Federal law defines trademarks as “any word, name, symbol or device or any combination thereof….”  Over time that definition has been found to even include color: in 1985 a federal court found that Owens-Corning’s color pink for insulation had obtained trademark status.

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Choosing an Entity

Thursday, December 4th, 2008

Choosing an entity should be one of the first decisions you’ll make when starting up your new business. It may seem easy to skip this step, and instead forge ahead as a sole proprietor, but this rarely makes sense. An entity protects your personal assets from your company’s creditors, and your company’s assets from your personal creditors. Moreover, creating an entity allows you to establish an independent credit history for your new business, and protect your new business’s property (including intellectual property).

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