Jaburg Wilk

News/Publications

Intellectual Property

  • Warning! Co-Creation Hazard Ahead

    Warning! Co-Creation Hazard Ahead

    Brainstorming and collaborating frequently produces superior work.  For that reason, it is not surprising that many creative works, in the art and literature world, as well as in the business world, are the result of co-creation.  Unfortunately, it is common for disputes to arise over co-created materials.  That is not to say you shouldn't collaborate.  It is, however, essential that the … Read More

    Categories: Intellectual Property, Article

  • Know Who You Are Doing Business With On the Internet

    Know Who You Are Doing Business With On the Internet

    We are all used to clicking the "I agree" button and frequently we click without reading the lengthy terms and conditions.  While many are long, these virtual agreements bring with them rights, responsibilities and restrictions.  By clicking "I Agree", you have created a contract.   In the on-line order process, frequently you will click on an agreement button, again creating a contract.   … Read More

    Categories: Intellectual Property, Internet and Technology, Article

  • Easy Steps to Protect Your Website

    Easy Steps to Protect Your Website

    There is nothing more frustrating than learning that the technical or product information that you wrote, or the photographs that you took for your website have been stolen and used on someone else's website.  Sometimes the copying is so blatant that the other website looks just like yours! If a competitor steals your website content, it can do real damage to your business.   Website copying is common … Read More

    Categories: Intellectual Property, Internet and Technology, Article

  • Have You Ever Been Greenwashed?

    Have You Ever Been Greenwashed?

    There is a good chance you have never even heard of greenwashing. Yet, your company may be at risk by engaging in the practice of greenwashing. Wikipedia defines greenwashing as the practice of companies disingenuously spinning their products and policies as environmentally friendly. In today's world, "green" is good marketing, but saying your product is green when it isn't can have significant consequences. … Read More

    Categories: Intellectual Property, Article

  • Should I Register the Copyright on My Website?

    Should I Register the Copyright on My Website?

    In today's global market place, virtually every business has a website, and many of those sites are content-rich. Websites are often filled with original writings and pictures. Much of that original content is marketing, while other content consists of informative articles, tips and guides to grab and keep the attention of visitors to the site. A great deal of time and effort is spent creating a content-rich … Read More

    Categories: Intellectual Property, Article

  • Trademark Owners Beware of Chinese Domain Name Marketing Ploy

    Trademark Owners Beware of Chinese Domain Name Marketing Ploy

    Let's face it, some marketing ploys are pretty clever and some spam is brilliantly disguised as valid e-mail. There are many great reasons to register your trademark with the United States Patent & Trademark Office, including:

    Constructive notice nationwide of the trademark owner's trademark rights

    Preventing others from registering and limiting your geographic trade area

    Evidence of ownership of the … Read More

    Categories: Intellectual Property

  • How To Discover The Identity of An Anonymous Internet Author

    How To Discover The Identity of An Anonymous Internet Author

    Suppose you discover that someone has anonymously posted a statement about you online that's not just harshly critical opinion, it's blatantly false. You are considering filing a defamation lawsuit against the author, but there's a problem-the statement was made anonymously and you have no idea who could have posted it. How can you discover the author's true identity? Is that even possible?

    As more and more … Read More

    Categories: Intellectual Property, Internet and Technology

  • Protecting Your Business Name on the Internet

    Protecting Your Business Name on the Internet

    People either find your business on the Internet or they find your competition. Your business likely has some presence on the web. Usually it is a website that uses your business name as its "domain name" such as ABCcompany.com. The term domain name simply describes the characters that identify your website.

    The slight difference between a domain name ending in ".com" and ".net" is very significant. A competitor … Read More

    Categories: Intellectual Property, Article

  • Protect Your Artwork

    Protect Your Artwork

    As an artist or a photographer, your most valuable assets are your creations. An artist's work can end up on someone else's product, marketing piece, or website, without the artist's permission and without the artist ever earning a royalty. The piece may even have been modified or there might be no credit disclosing who created it. Many artists and photographers feel there is not much they can do to stop that, or … Read More

    Categories: Intellectual Property, Article

  • Not All Trademarks Are Created Equal

    Not All Trademarks Are Created Equal

    When it comes time to choose a name for the new product or service you are launching, it is important to know that not all trademarks are created equal. In addition to the marketing considerations of choosing a brand name, there are also important legal considerations to keep in mind.

    Let's consider the example of opening a gas station.  If a company opens 50 new gas stations and names each of them, "The Gas … Read More

    Categories: Intellectual Property, Article