Drone Patents

Drones, commonly known as unmanned aerial vehicles (UAV) or unmanned aircraft systems (UAS), are the subject of a rapidly increasing number of patents within the U.S. Patent and Trademark Office (USPTO).  These patents are directed to subject matter, such as the manufacturing of drones and drone components (e.g. U.S. 9,242,571); the use of drones for delivery (e.g. U.S. 9,244,147); the use of drones for agriculture (U.S. 8,731,836); the use of drones for inspection/surveillance (U.S. 9,242,728); and the use of drones for aerial refueling (U.S. 9,227,735).

 

Consequently, there are several ways to pursue patent protection for a drone-related invention.  Some examples include protecting a drone apparatus comprising specific hardware components; a method/process for using a drone to perform various applications; and/or a drone system involving the interaction of specific hardware and/or software components.  In addition, the aesthetic appearance of the drone (or its various components) may be eligible for patent protection via a design patent.

 

Prior to deciding the type of patent application to file or the subject matter to be included in the patent application, it is very important to identify the novel aspects of the drone invention.  As more patent applications continue to be filed daily in this industry, there is a growing number of potential prior art references to be considered.  Thus, it is critical to work with a patent attorney that can develop and implement a customized patent strategy for you based on your commercial and patent goals surrounding your drone invention.

from Trademark Infringement, Copyright Infringement, Patent Infringement Attorney http://ift.tt/2kT9prX
via IFTTT

How to Remove Defamatory Search Results From Google

Online Advertising: Top 5 Things You Need to Know

Whether you are new to the online advertising game or an old pro, there are several things that you must take into consideration if you plan to advertise online (which, in today’s world, is basically everyone).  The Federal Trade Commission (“FTC”) is the governmental agency that regulates advertising and issues guidelines on how best to advertise within those regulations.  For your convenience, Traverse Legal has compiled the Top 5 Things you need to know if you choose to advertise online.

#1 – The Original Rules of Advertising Apply to Online Advertising

As with any type of advertisements, online advertisements must be truthful and not misleading; backed up by evidence (i.e. substantiated); and cannot be unfair (i.e. it is likely to cause consumer injury that is not outweighed by benefit to consumers).

#2 – All Disclaimers and Disclosures Must Be “Clear & Conspicuous”

The FTC’s main goal is to protect consumers from false and deceptive advertising.  To this end, the FTC requires that disclaimers and disclosures be “clear & conspicuous.”  In determining whether a disclosure is “clear & conspicuous” the FTC considers factors such as the proximity and placement of the disclosure to the claim; prominence of the disclosure; whether the language of the disclosure is understandable and audible; etc.  Another important thing to consider is whether the disclosure is clean & conspicuous across all devices the advertisement is accessed on (i.e. computer, tablet, and mobile phone).

#3 – Material Connections with Endorsers Must Be Disclosed

Want to have an actor or expert endorse your product? Maybe you want to indicate that your product has been tested by an independent lab?  Be prepared for more disclosures! The FTC requires advertisers to “clearly and conspicuously disclosure either the payment or promise of compensation prior to and in exchange for the endorsement.”

#4 – Comparative Advertising Cannot Bash the Other Brand

The FTC defines Comparative Advertising as “advertising that compares alternative brands on objectively measurable attributes or price, and identifies the alternative brand by name, illustration or other distinctive information.”  Comparative Advertising is not a green-light to bash another brand in favor of your own.   Rather, it is meant to be a source of information for consumers to help them make rational purchasing decisions.

#5 – Non Compliance Could Mean Big Trouble

If your non-compliant advertisement either gets reported or the FTC finds it themselves, you could be subject to an injunction, fines up to $16,000, and/or be responsible for issuing consumer refunds.  To avoid such ramifications, it is beneficial to make sure your advertisement complies with regulations prior to publication.

These five pointers are only the “tip of the iceberg” when it comes to FTC online advertising regulation.  It is important to remember that all advertisements are unique and are evaluated on a case-by-case basis.  However, keep these pointers in mind and you will be on you way to a legally sound online advertising.

Are you thinking of developing online advertising for your brand or product and want to know the acceptable parameters? Do you need your current online advertisement reviewed to ensure continued legality? Traverse Legal can provide detailed research assessments catered to your particular advertisement so that you can breathe easy knowing that you are in compliance with the FTC.  Give Traverse Legal a call today!

from Trademark Infringement, Copyright Infringement, Patent Infringement Attorney http://ift.tt/2jMpwKi
via IFTTT

Entertainment Law and IP Rights: What Every Celebrity and Athlete Should Know

Entertainment law encompasses several areas of law applicable to celebrities, athletes, actors, musicians, models and entertainers, among others.  One of the most important involves intellectual property law.  IP rights come in many different forms, and “stars” (aspiring or otherwise) should know their rights.

1. Right of Publicity (i.e. one’s right to prevent the misappropriation of her name/likeness for commercial gain).  Each state has different laws related to this, with some states providing greater penalties (e.g. California and New York).  When a third party, such a product or service, utilizes your name or likeness (e.g. image, voice, etc.) for endorsement or other purposes with your permission, you may have a cause of action.  You may be entitled to damages, including royalties.
2. Copyright (i.e. one’s right to prevent the unauthorized copying or reproduction of her artistic expression).  While you immediately have copyright rights under common law the moment you create your original work of authorship, you may wish to secure a copyright registration.  You also need to understand whether you have licensed or assigned such rights to third parties.
3. Trademark (i.e. one’s exclusive right to her brand in order to avoid consumer confusion as to source).  Whether you are selling products/services under your name or another brand you have created, you will want to pursue trademark registration, monitor against unauthorized third party use and take action as needed to maintain your trademark rights.  Doing so will allow you to monetize your trademark, typically in the form of a trademark license agreement (perhaps as part of a Merchandise Licensing Agreement or otherwise).

Knowing these entertainment rights will allow one to secure her intellectual property, monetize it and enforce it.  Failure to do so can result in abandonment of rights.  More often than not, you will be in a better position to negotiate with talent agencies and third parties if you have secured your IP and are knowledgeable about how to properly license it.

Having represented athletes (including NFL players and PGA golfers), supermodels, authors, actresses, musicians (including post-mortem on behalf of family trusts), we recognize that your unique skills and talents have enabled your career, but all too often we see an inattention to the above IP rights create difficulties as you try to create additional streams of income or seek to capitalize on your legacy.  Given today’s explosion into social media and the Internet’s online world, you must be mindful of unauthorized use of your digital and media rights beyond what had traditionally been print, film, music, television or theater considerations.  As a celebrity or athlete, you will attract infringers and copycats, and you should know your rights.

from Trademark Infringement, Copyright Infringement, Patent Infringement Attorney http://ift.tt/2jmWSkq
via IFTTT

Reasons for Pursuing a Patent

A patent provides its patent owner with the right to exclude others from making, using, selling, offering for sale, and importing into the U.S. whatever is claimed in the patent.  However, there are a number of different reasons for pursuing a patent.  These reasons may vary depending on whether you are an independent inventor, a startup company, or a large/established company.  Just a few of the many reasons for pursuing patent protection are outlined below.

 

First, patents specifically prevent your competitors from making, using, selling, offering for sale, and importing into the U.S. your patented invention.  Many companies file patents for alternative ways of manufacturing that will never actually be used by the patenting company.  The only reason for such patent filings is to block competitors from manufacturing alternative competing products using alternative methods.  This will most certainly provide a crucial competitive advantage to companies within their respective fields.

 

Second, a patent will likely provide reasons for investors to invest in a business or technology.  Since patents are usually the strongest intellectual property asset of a business, investors often view patents as a general indicator of value.  As a result, a patent (or a pending patent application) will typically help convince potential investors of the growth potential of a business in order to make a lucrative deal.

 

Third, patents often serve as great marketing tools for products since marking your products as “patented” offers value in the eyes of many consumers.  Consumers commonly associate a patented product as being of high quality and technologically advanced.  Even using the term “patent pending” on a product provides significant marketing advantages for the product, while acting as a deterrent to potential infringers.

 

Fourth, patents (and filed patent applications) can sometimes be a quantifiable measure of an individual’s importance as an employee and as an inventor.  The number of patents an individual is named on an inventor on can be used for salary negotiations and other career milestones.  Also, depending on the company, individuals may even be eligible for bonuses or incentives from their employers.  Some companies like to reward employees that bring them new, commercial ideas.

 

Fifth, patents are often used as a potential revenue source to the patent owners.  Patents (and pending patent applications) can be sold or licensed for royalties.  A number of factors affect the value of patents, including the scope of the claims, the number of claims, and the years of life remaining on a patent.

 

Feel free to contact a Traverse Legal patent attorney today at 866-936-7445 for a free consultation to discuss your patent needs.

 

from Trademark Infringement, Copyright Infringement, Patent Infringement Attorney http://ift.tt/2kCZgjJ
via IFTTT

Trademark License Agreement – Top 5 Considerations

Trademark owners, at one time or another, must consider whether to license certain rights in its trademark to others.  The reason to do so is simple: monetize the trademark rights in the form of licensing fees.  While a trademark licensing agreement may come in many forms (e.g. Merchandise License Agreement, Software License Agreement, etc.), it is important that it be documented in a written and signed (by both parties) agreement.  While there are numerous considerations when structuring a trademark license, with which a trademark license lawyer can help, trademark owners should, at a minimum, consider the following:

1. License Grant

Is it exclusive or non-exclusive?  Is it limited by geographic location/territory or worldwide?  Is it restricted to a particular product/service type?  Is it sublicensable, assignable?

2. License Fees

How much and will there be a minimum?  How will the amount be calculated?  Will there be audit rights or entitlement to an accounting?

3. License Term

Will it be a number of years or perpetual?  How does it renew?  How will it terminate?

4. License Quality Control

How will such licensed use be governed?  Will prior review of designation/markings be required?  Will samples be provided?

5. License Representations and Warranties

What will Licensor represent and warrant?  What will Licensee represent and warrant?  Will there be indemnification for breach of any such representation or warranty?

Making sure that these items are considered will make negotiating, drafting and finalizing a trademark license agreement far more efficient, and hopefully successful.  By properly documenting your trademark ownership, the scope of the license and other key terms, you will be in a better position to maintain your valuable trademark rights while mitigating against attempts to invalidate your trademark based upon naked licensing or other claims.  While forms may be available online, the devil is in the details and you would be well-served to understand what you are doing with what may be your company’s most valuable asset.  Far too many times one’s failure to heed the above considerations surfaces in trademark disputes and can be detrimental to maintenance of trademark rights and monetization of such trademark rights.

from Trademark Infringement, Copyright Infringement, Patent Infringement Attorney http://ift.tt/2jjZJ8P
via IFTTT

Online Review of Your Employer

There are an ever increasing number of online review websites. One of the more popular online review websites relates to online reviews by employees of their employer. The most popular of these websites is one known as Glassdoor. Glassdoor has been online since 2007 and has become the most popular site for online reviews of employers by employees.

As one might expect there have also been an increase in the number of claims and disputes which are related to those reviews by employers against anonymous employees who post the reviews. The Glassdoor’s public policy is that it will seek to protect the anonymity of the posters to the extent that is reasonable. This means that if the employer files a lawsuit and issues a subpoena in an effort to identify the anonymous poster, Glassdoor will review the subpoena and the content of the review carefully and, in many instances, may oppose the subpoena and refuse to disclose the information that may reveal the identity of the employee absent a review by the Court and a Court Order.

When can an employer initiate suit for a bad online review? The law requires that the content of the review post must be defamatory. This means that the employee must have made a false statement of fact that portrayed the employer in a “poor light”. Many states will also require that the online review be maliciously false which requires proof that the employee knew or should have known that the information was false and posted it anyway. Simply expressing an opinion concerning the employee’s prior work place is generally protected speech under the First Amendment and is not considered defamatory.

Employers over the past several years have initiated lawsuits for reviews on Glassdoor to reveal the identity of employees and make claims for defamation against the employee, or in a case where it is obvious that the employee can be identified without a subpoena, are simply filing suit against the employee. Generally, these employer suits are challenging as Courts tend to favor the finding that a post on a review site, such as Glassdoor, is a matter of opinion or hyperbole despite an arguable false statement of fact. Given that online reviews carry some weight, according to many surveys that assess the persuasiveness of online reviews, employers are finding it increasingly difficult to simply ignore the online reviews. The best practice is to have the matter carefully reviewed by an attorney to weigh both the pros and cons before initiating a lawsuit concerning an online review of your company by a former employee.

from Trademark Infringement, Copyright Infringement, Patent Infringement Attorney http://ift.tt/2ksV5KA
via IFTTT