There are a few different ways a person could become an owner of a copyright. One way is to author the copyrighted material. Another way is to collect and put together the works of others into one collective work. A person may obtain a copyright through authorship in a compilation. A person might obtain a…
Copyrights perform an important function in our society. Copyrights encourage creators to share their creations. Copyrights do not apply to ideas alone, they apply to the original expression of ideas. A person who creates an original work has a copyright in that work. A copyright gives the owner the exclusive right to the reproduction of…
Are creditors calling relentlessly? Do your monthly bills for past debt far exceed your monthly ability to pay? Do you lay awake at night trying to figure out what to do? Are you among the many individuals considering bankruptcy in this economy? Who Files for Bankruptcy? If you are considering bankruptcy, you have debts you…
A person obtains a copyright in a creative work if the person’s creative work is original. A person may, but is not required to, register his or her copyright. Registering a copyright makes it easier for a person later to prove copyright infringement. A person is not prevented from proving copyright infringement if his or…
No one hopes to file bankruptcy. No one enjoys it. Filing for bankruptcy is a very personal decision. But filing for bankruptcy is not the end of the world. Bankruptcy laws are intended to help people, not harm them. There are, of course, consequences to filing bankruptcy, but there are also many benefits. If the…
A Copyright prevents others from using certain creative works. Copyrights are established to protect creative works from being copied. The Protection of a Copyright A copyright gives the owner of the copyright the exclusive rights to whatever is copyrighted. This means that the owner is the only person permitted to make copies, give out, sell,…
A person may obtain a copyright in his or her work under certain circumstances. A person may not copy the entire work of another and obtain a copyright in that work. In order to copyright a work, the portion to be copyrighted must be an original expression. However, there are many ways to create an…
Copyright Symbols by Mike Seyfang When someone copies a copyrighted work, the holder of the copyright accuses the copier of copyright infringement. Sometimes the holder of the copyright will make a demand that the other stop copying the material. Sometimes this demand to cease copying will include a demand for the payment of damages. “Damages”…
A person with a copyright who prevails in a copyright infringement lawsuit is entitled to damages. Damages may either be the plaintiff’s actual damages in addition to the defendant’s profits from infringing, or if the plaintiff prefers, damages allowed by statute. Actual Damages Actual damages could include profits the plaintiff lost due to the defendant’s…
Before understanding the consequences of trademark infringement, it is helpful to understand the purpose of trademarks. The benefit of obtaining a trademark is that it grants an exclusive right to the owner of the trademark to use that mark in the marketplace. Having an exclusive right also grants a person the right to prevent others…
What does a copyright protect? Ideas may not be copyrighted, even if original. However, the expression of original ideas may be copyrighted. There are a number of consequences for infringing on another person’s copyright. Reason for Copyrights The purpose of copyrights is to incentivize individuals to create new works or new expressions of ideas. A…
Defenses to trademark infringement allegations include: the trademark is invalid, the trademark has been abandoned, or the mark is not distinctive. A registered trademark is invalid if the registration of the trademark or the incontestable right to use the trademark was obtained fraudulently. A trademark, whether registered or unregistered, is invalid if the mark has…
An allegation of copyright infringement is an allegation that someone owned a valid copyright in a creative work and someone else copied some or all of the copyrighted creative work. If a person has a copyright in a creative work, the person has the exclusive right to copy, sell, or otherwise reproduce that work. Anyone…
Trademarks are a valuable part of business today. Trademarks inform the world of the source of a product or service. We consider trademarks daily in our consumer needs. Scandals arise in the news about companies and then those companies expend great efforts to reestablish their reputations. This is because once their reputations are damaged, fewer…
Trademarks give notice of the source of a good or service. Marking goods or services is a way of putting your name on it. Often times, many related goods or services bear the same mark by the same company. Establishing a reputation linked to a mark is very important to businesses. A mark may be trademarked…
A person obtains a trademark when: 1) the mark is capable of being trademarked 2) the person is the first to use the mark in any market on a good or service. 3) A person maintains a trademark by continuous use. What Is There to Sell? A person does not have to register a trademark…
A trademark is a mark used to indicate the source of a good or service. The Benefits of Trademarks Most companies use similar marks on all their products to indicate the company name, among other things. If a company can establish a good reputation it will be likely that a person will consider using all…
Trademarks are a valuable part of a business. Trademarks indicate the source of a good or product. A company producing a reputable good or service, marked by a trademark, is likely to create a feeling of trust by consumers whenever consumers see that mark. The opposite is also true. Owners of reputable companies using trademarks…
Trademarks protect the originator of a particular mark from its use by others. Goods and services may be trademarked. Once something is trademarked, only the person with the trademarks may use that mark. Others may not. Additionally, others may not use a mark so similar to an existing trademark that the new mark could be…
A trademark does not have to be registered. A person acquires a trademark, and the right to prevent others from using that mark or a confusingly similar mark, by simply being the first to use the mark in the marketplace to indicate the source of origin of a good or service. Benefits of Trademark Registration…
Begin with Registration There are benefits to registering a trademark. Those benefits are largely obtaining a presumption that you own exclusive rights to that mark. In a lawsuit for trademark infringement, the holder of a registered trademark does not need to prove that the registered trademark is valid. The person challenging the validity must prove…
What is a Trademark? Trademarks are used to gain recognition by the public, or a subsection of the public, of a particular good or service when a person comes into contact with the trademark. A trademark is a word, name, symbol, device, or combination of these that indicates the source of a good or service….
Trademarks do not have to be registered in order to be valid. The person who uses a mark in commerce first obtains a trademark on that mark. This mark indicates where a good or service came from. It shows the source. The person who obtains a trademark on a mark also obtains the right to…
This article explains the legal responsibilities of those serving on the board of directors of a Minnesota nonprofit organization. Introduction It is an honor to be asked to serve on a board of directors for a Minnesota nonprofit organization. Unfortunately, many people accept appointment or election to a board of directors without realizing what is…
Officers and Directors of closely-held corporations are held to a higher standard than many other people. Shareholders in a closely-held corporation are held to a higher standard sometimes also. Shareholders in a publicly-traded corporation are not held to the same standard as those in closely-held corporations. Fiduciary Duties Officers and Directors owe duties that we…
All contracts contain three basic elements: offer, acceptance, and consideration. Consideration is what each side gives up in exchange for the benefit that he or she is receiving. Sometimes this is money, doing something for someone, or refraining from doing something. Forming a Contract May Take Time and Negotiation Offers may be accepted or rejected….
Fiduciary duties are legal obligations owed by fiduciaries. A person is a fiduciary if the law imposes on that person a duty of good faith, trust, confidence, candor, loyalty, or care upon the person for the benefit of another person. A fiduciary only owes those duties to the other person within the fiduciary relationship. Examples…
Owners of closely-held corporations are obligated to act in certain ways with respect to the other owners. These obligations are often called “fiduciary duties.” Owners may be sued and liable for damages if they do not abide by these obligations. Closely-Held Business Owners Must Act with Integrity and Honesty toward Other Owners Minnesota closely-held businesses…
Many questions arise before you form your LLC. Additional questions will arise after you form your LLC. Those questions will include: Where do I keep my business’s money? What other licenses do I need? Do I have to file anything else with the Minnesota Secretary of State? What if I don’t want the business anymore?…
Frequently, many of the same basic questions arise when forming one’s own business in Minnesota. Answers to the three most common questions are below. Location of the Business – Can I Use My Home Office? Yes, you can use your home address for your business address. Must Your Business Have a Physical Address? Yes. If…