Authored by Leslie J. Lott, Founding Partner of Lott & Fischer.There are at least ten key situations in which business people most frequently have problems with intellectual property. I have been in intellectual property practice for over thirtyMoreAuthored by Leslie J. Lott, Founding Partner of Lott & Fischer.There are at least ten key situations in which business people most frequently have problems with intellectual property. I have been in intellectual property practice for over thirty years, handling litigation, registration, licensing and other transactional matters for businesses and individuals and have seen the same problems come up over and over in certain situations.
These situations can be traps for business people who are not aware of them, but like most things, if you are forewarned, it is far easier to avoid the difficulties than to take care of problems after the fact.In brief, problems frequently occur when:1.A business has not adequately searched, cleared and protected its “house” brand or primary trademark.2.A new product or brand is introduced.3.There is a corporate reorganization such as an acquisition, sale or merger.4.A business hires independent contractors to create material that is registered able as copyright.5.A business creates a new advertising campaign.6.The name or likeness of an individual is used on packaging or in an ad campaign or on a web site.7.A new invention or improvement is created, a better way of doing the job.8.A web site is created or changed.9.Another infringes a patent or trademark and steps are taken against the infringer.10.A business becomes international.While I am not certain that I handle any of these specific problems differently than other intellectual property counsel, over the years I have seen my own clients face many of the same problems, so that I have an individual perspective on the types of problems they have encountered.
I have also seen mistakes that other practitioners have commonly made, and have learned how to avoid them.