November 2003  
Web Site Design:
Can you use graphics or music you don't own?

by William S. Wyler
Schwartz, Manes & Ruby

You want to create a unique and attractive web site. The site is designed to produce a message, to sell products or services or to produce a response. Whether you are creating the site as a designer, for someone else, or you have hired a designer, to create the site for your business, your interest is in achieving results. To create an attractive and effective site, it is almost certain the site will include graphics, video, audio or all three. However, the question remains, can the site make use of graphics, audio, video or animation owned by someone else, without infringing on the copyright.

For the entire article CLICK HERE
(www.smrfirm-it.com/articles/11-03-art1.htm)

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ITechLaw is published monthly by the law firm of Schwartz, Manes & Ruby.

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ISSN 1545-5335

Trademark: The Ignored Asset
Part 2 of 3: Trademark Registration - How and Why

by William S. Wyler
Schwartz, Manes & Ruby

In Part 1 of this series, we looked at the nature of what is a trademark or service mark. In Part 2, we will explore trademark registration and why it is valuable. In the final part of this series we will look at trademark infringement and some common misconceptions. The term "trademark" or "mark "will apply to both trademarks and service marks.

How is a trademark protected? The easiest and most straightforward protection of a trademark is simply gained by using the mark. There seems to be a general belief that a trademark must be registered to actually be considered a trademark or to be protected. This is not true. In the United States, the date that the mark was first used is by far the single most important factor in determining who has rights to a trademark. Even a trademark which has been granted federal registration can not be used as a means to prevent someone from continuing to use an unregistered trademark, which was in use earlier than the date of first use of the registered trademark.

For the entire article CLICK HERE
(www.smrfirm-it.com/articles/11-03-art2.htm)

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