Intellectual Property Archives | Page 6 of 6 | Attorney Aaron Hall

Category Archives for Intellectual Property

Minneapolis Business Attorney Aaron Hall, Minnesota

What Happens If I Violate the Rights of Someone Who Has a Copyright?

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 […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Consequences of Trademark Infringement in MN

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 […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Copyrights FAQ

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 […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Minnesota Trademark Infringement Defenses

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 […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Defenses to Copyright Infringement

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 […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

The Harm Caused by Trademark Infringement & Available Remedies

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 […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Minnesota Trademark Infringement Basics

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 […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Selling a Trademark

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. A person maintains a trademark by continuous use. What is there to Sell? A person does not have to register a trademark in […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Trademark Basics: Use of Trademarks and Violations

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 […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Choosing Your Trademark

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 […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Is My Trademark Too Similar to an Existing Trademark?

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 […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Trademark Registration and Maintenance

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 […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Maintaining Trademark Registration: How to Maintain 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 […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Trademark Law Basics | Protect Intellectual Property Using Trademarks

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. […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Does a Trademark have to be Registered to be Valid?

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 […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Can a Generic Term be Trademarked?

Every trademark attorney knows that a generic term cannot be trademarked. However, using a small exception to that rule, Best Buy registered a federal trademark in “best buy,” even though a court had previously ruled that “best buy” was generic. For a great summary of the situation, read Best Buy, Resurrected From the Trademark Graveyard? […]

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Minneapolis Business Attorney Aaron Hall, Minnesota

Are RSS Feeds Copyrighted?

This article explains whether RSS feeds are copyrighted. In short, the answer is YES. What is RSS? Websites are norally accessed with a web browser. RSS is a technology that allows a webpage (blog, etc.) to be accessed without a web browser. RSS can be accessed by many tools, including an RSS reader, which is […]

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