Jaburg Wilk

News/Publications

  • 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

    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

    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

    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

    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

    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?

    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

  • I Received a 1099 from My Home Equity Lender- What Steps do I need to Take?

    Tax Consequences of Foreclosure-with a HELOC

    It is common for homeowners to have a house that is "upside down", many with first and second mortgages. Houses that were purchased a number of years ago appreciated rapidly in a short period of time and it was easy to pull on the home's equity by securing an equity line of credit. That equity may have been used for many purposes, including home improvements, … Read More

    Categories: Foreclosure, Article

  • I Received a 1099 from My Lender, Now What?

    Tax Consequences of Foreclosure or Short Sale of Personal Residence in Arizona

    It is difficult to read any economic news or watch a local TV news program without seeing the prevalence of foreclosures and short sales of personal residences in Arizona.  It is not uncommon in today's economic crisis to own a home that was purchased in the last five years that is substantially "upside down".  Many … Read More

    Categories: Foreclosure, Article

  • Estate Tax Laws Warrant Exclusion and Portability in Planning

    The new estate laws are challenging to comply with and will require most high net worth individuals to review their existing plan. One of the major issues is how the trust is divided on the death of the first spouse, and who makes certain elections. There are other critical decisions that need to be made to protect assets and minimize or delay estate taxes.

    Prior Exclusion and 2013 Change

    Estate tax was … Read More

    Categories: Estate Planning, Article