HOW TO HIRE AN INDEPENDENT CONTRACTOR vs EMPLOYEE by Talmar Anderson, Boss Actions & Cheryl Hodgson, Attorney & Founder of Brandaide Many business owners engage companies and individuals for part-time and project work by hiring 1099 independent contractors, or freelancers. The more modern lingo is the “gig worker” for the gig economy. When …
A trademark that falls victim to genericide is referred to as a generic trademark. This by definition is an oxymoron, since a generic term can never be a trademark. Generic trademarks are those that end up in the trademark graveyard alongside asprin, cellophane, and pilates, to name a few.
Former members of BLACK FLAG were in a fight over rights to the name and famous logo when a second group called FLAG began touring using the logo. It’s a common problem that can be avoided. A few years ago, the founders of the largest Mexican group in America were jailed in Mexico for two months for attempting to perform in Mexico under their own name.
Related in that both Jim Cramer and Perez Hilton are iconic personal brands to their respective audiences, brands launched on the Internet and leveraged into off-line profitable empires. Personal brands are no less valuable or profitable than pure product brands.
The “right of publicity” is a legal doctrine used to prevent unauthorized use of a person’s name, image, or likeness for commercial purposes. There are two major reasons to register an individual’s name as a trademark:…
In the 1990’s, photographers often used Corbis‘ copyright registration program for their photographs. A valid copyright registration is required in order bring a legal action for infringement, and a registration prior to infringement is vital for purposes of obtaining statutory damages and attorneys fees. Without registration, the copyright owner is left to pay his or …
Short Term Transfers and Reassignments Can Insure Registration of all Works contained in a Collective Work In Parts 1 and 2, we discussed the importance of securing proper copyright registration to preserve important statutory remedies for copyright infringement. The need to register works is all the more urgent in the face of looming “orphan works” …
Don’t Transfer Your Copyright in Contribution to A Periodical Forever! Read More »
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