Talk to us today

(609) 837-7180

THE FIRM

ENTER

BRAND MEDIATION

 

Your Good Works should never be misrepresented or stolen.

To protect your brand. Your product, your website, your domain name/s, your songs, your scripts, your art works, etc.

To file business legal registration on your behalf as your business agent. To Advertise on your behalf.

Contact Thee Firm or fill out an application for service. Complete, Sign and Fax to Thee Firm: (609) 543 - 2370

 

 

Other Violations and Unfair Practices. Contact Thee Firm for legal mediation.

 

 

 

Unfair Competition

Primary tabs

Overview

The law of unfair competition is primarily comprised of torts that cause economic injury to a business through a deceptive or wrongful business practice. Unfair competition can be broken down into two broad categories:

unfair competition

sometimes used to refer only to those torts that are meant to confuse consumers as to the source of the product (also known as deceptive trade practices)

unfair trade practices

comprises all other forms of unfair competition.

Unfair competition does not refer to the economic harms involving monopolies and antitrust legislation. What constitutes an "unfair" act varies with the context of the business, the action being examined, and the facts of the individual case.

Two common examples of unfair competition are trademark infringement and misappropriation. The Right of Publicity is often invoked in misappropriation issues. Other practices that fall into the area of unfair competition include:

false advertising

"bait and switch" selling tactics

unauthorized substitution of one brand of goods for another

use of confidential information by former employee to solicit customers

theft of trade secrets

breach of a restrictive covenant

trade libel

false representation of products or services.

The law of unfair competition itions mainly governed by state common law. Federal law may apply in the areas of trademarks, copyrights, and false advertising. See Trademark, Copyright, and § 1125 of the Lanham Act.

Congress established The Federal Trade Commission (FTC) in part to protect consumers from deceptive trade practices. The FTC indirectly protects competitors because some deceptive trade practices (e.g. "bait and switch tactics") that injure consumers also injure competing businesses. The FTC regulations concerning unfair competition are found in various parts of Title 16 of the Code of Federal Regulations. If there is a conflict between federal and state law, the federal law will often triumph because of the doctrine of preemption. 

A few states have enacted legislation dealing with specific types of unfair competition. See, e.g., Uniform Deceptive Trade Practices Act.

 

If you are a victim of unfair Competition contact Thee Firm right away.

 

 

Copyright Infringment

 

The exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something.

Overview - U.S. Copyright Act

General

The U.S. Copyright Act, (codified at 17 U.S.C. §§ 101 - 810), is federal legislation which protects the writings of authors. Changing technology has led to an ever expanding understanding of the word "writings." The Copyright Act now reaches architectural design, software, the graphic arts, motion pictures, and sound recordings and more. All works of authorship fixed in a tangible medium of expression and within the subject matter of copyright were deemed to fall within the exclusive jurisdiction of the Copyright Act regardless of whether the work was created before or after that date and whether published or unpublished.

Under § 102, copyright protection exists in original works of authorship fixed in any tangible medium of expression from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. 

Derivative Works

Under § 106, the owner of a copyright has the exclusive right to reproduce, distribute, perform, display, license, and to prepare derivative works based on the copyrighted work. 

Fair Works

Under § 107, the exclusive rights of the copyright owner are subject to limitation by the doctrine of "fair use." Fair use of a copyrighted work for purposes such as criticism, comment, news reporting, teaching, scholarship, or research is not copyright infringement.  To determine whether or not a particular use qualifies as fair use, courts apply the multi-factor balancing test from § 107.

Limits on Copyright Protection

Copyright protection does not extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery. For example, if a book is written describing a new system of bookkeeping, copyright protection only extends to the author's description of the bookkeeping system; it does not protect the system itself. This view was expressed in Baker v. Selden, 101 U.S. 99 (1879).

In addition to being independently created by the author, to qualify for copyright protection a work must also exhibit a minimum of originality. In Feist Publications v. Rural Telephone Service, 499 U.S. 340 (1991), the Supreme Court held that a work must have "some minimal degree of creativity." Thus, a mere alphabetical list of data is not protected, but other original aspects of the work (page layout, design, format, or even the specific selection of data points) might be. This underscores the idea that information itself is not copyrightable, only the specific arrangements or presentations of it.

Copyright Registration 

General

According to the Copyright Act of 1976, registration of copyright is voluntary and may take place at any time during the term of protection. See § 408.  Although registration of a work with the Copyright Office is not a precondition for protection, under § 411, an action for copyright infringement may not be commenced until the copyright has been formally registered with the Copyright Office.

Deposit Requirement

Deposit of copies with the Copyright Office for use by the Library of Congress is a separate requirement from registration. Under § 407, failure to comply with the deposit requirement within three months of publication of the protected work may result in a civil fine. The Register of Copyrights may exempt certain categories of material from the deposit requirement.

Copyright Notice (under construction)

In 1989 the U.S. joined the Berne Convention for the Protection of Literary and Artistic Works. In accordance with the requirements of the Berne Convention, copyright notice is no longer a condition of protection for works published after March 1, 1989. This change to the notice requirement applies only prospectively to copies of works publicly distributed after after March 1, 1989.

However, lack of notice might be a relevant factor in determining the merits of a innocent infringement defense. See § 401(d).

The Berne Convention also modified the rule making copyright registration a precondition to commencing a lawsuit for infringement. For works originating from a Berne Convention country, an infringement action may be initiated without registering the work with the U.S. Copyright Office.  However, for works of U.S. origin, registration prior to filing suit is still required.

 

If you are a victim of Copy Rights Infringement  contact Thee Firm  right away.

 

Marketing  ABroad - Includes EBAY and small SBA Businesses. Contact Thee Firm

 

 

 

Dispute # 214664312-2020

 
Cart

    This website is created and hosted by Website.com's Site Builder.