Jaburg Wilk

News/Publications

Intellectual Property

  • 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

  • Was Dumb Starbucks Smart?

    Was Dumb Starbucks Smart?

    Comedian Nathan Fielder created a media stir, and long lines, when he opened a coffee shop called Dumb Starbucks.  The establishment was quickly closed down for not having a permit.  In the short time that the shop was open, legal commentators everywhere speculated about whether Starbucks would sue for trademark infringement, and if it did, how the case would turn out.   The shop looked virtually … Read More

    Categories: Intellectual Property, Article

  • BYOD Can Be A Four-Letter Word

    BYOD Can Be A Four-Letter Word

    So your employee wants to use his new iPhone5S to respond to work emails while on vacation.  As an employer, you're thrilled.  You don't have to pay for the technology (or the data plan), but your employee is now accessible to you and your customers twenty-four hours a day, seven days a week.  How could this possibly be a bad thing?

    Corporate BYOD ("Bring Your Own Device") policies open the door to … Read More

    Categories: Employment, Intellectual Property, Internet and Technology, Article