Once you have trademarked your identity, your company has the right to prevent others from using a trademark this is similar or confusing. That means that no one can use a trademark that can be confused with yours. This protects your company identity, reputation, and market share. The term of a trademark is 20 years.

Trademark protection can be obtained two ways. First, trademark protection is available for inexpensive registration in most states. Contact your state’s secretary of state to find out the procedure for registering your trademark in the state where your business operates. Secondly, trademark protection can be obtained from the federal government for approximately $335. This can be done online at the website for the United States Patent and Trademark Office website www.uspto.gov. The forms can all be completed and submitted online.

It’s a Living Trust!

It is a good idea to review your Living Trust and Schedule every year. Life changes rapidly and we have seen too many cases where an ex-spouse or deceased relative is still named as Successor Trustee of a Trust! Make sure that your documents reflect what your current wishes are. It does not take long to review your documents, make an appointment with yourself every year to glance over who you have named in each document. The end of December or beginning of January is a great time of year to make resolutions and review your direction and your estate plan!

The U.S. Supreme Court is considering whether software companies can be liable for their products that enable illegal sharing of music and video files. The case of M.G.M. v. Grokster has the attention of major and diverse players. Over 55 amicus briefs – statements by those who are not directly involved in the case – have been submitted to the Court for consideration. These include the NFL, the NBA, the Christian Coalition, Senators Leahy and Hatch, and two photography groups - the PPA and the ASMP, which specifically note that the “illegal file-sharing poses particularly significant risks for publication photographers and other small copyright owners whose livelihoods depend to a substantial degree upon commercial exploitation of their creative works.” Some of the materials can be viewed here: http://news.findlaw.com/legalnews/lit/mpaa/index.html

Anyone who attempts a creative work should pay attention to copyright.

The intellectual property laws protect the artis, publisher in unauthorized uses of his work. In addition, the strict requirements prevent performing it in public, filming it, broadcasting it, or any adaptation of it.

In the late 15th century in Venice and in the 16th century in England, Royal patent grants gave government control over contents of creative work. These grants were used to generate government revenue.

In 1710, in England, the Statue of Anne, set the period of encroachment at 28 years, before it could pass into public domain.