People often claim one thing or another must surely be protected by “fair use.” It is used quite lightly in casual speech. This phrase, however, has a specific legal meaning and context. So let’s define it a little more specifically before moving on. Read the rest of this entry »
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Cease and desist letters are sent by companies asserting their trademarks, patents, or other intellectual properties. Receiving such a notice can be a nerve-wracking experience. Choosing the right response to such a letter can be crucial for a small business.
Small businesses are often dissuaded from patenting their creations because of the costs involved. Obtaining a US patent is an expensive undertaking that involves thousands of dollars in legal fees and filing costs, not to mention the time of the inventors. Many small businesses go without patent protection in order to forego these expenses. However, this puts them at a disadvantage in negotiations with prospective business partners, or when they later try to obtain a patent.
Trade secrets are usually the most important intellectual property of any business. However, these are seldom as protected as they ought to be. Customer lists, proprietary software and computer systems, or marketing strategies are often crucial to winning a competitive advantage. These assets may be difficult or impractical to protect with patents, copyrights, or trademarks, but can be maintained as trade secrets.