The Rodman Law Group: Copyright and Trademark Attorneys
Copyright
The origins of Copyright law in the United States can be traced all the way back to the Constitution. The relevant language tells us that the purpose of Copyright law is, “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
Modern Copyright law is governed by the Copyright Act of 1976, which protects “original works of authorship,” fixed in a tangible medium, and includes literary, dramatic, musical, artistic, and certain other works. Copyright protection usually lasts for 70 years after the death of the author/creator (there are some exceptions). Copyright protection is available for both published and unpublished works.
When considering the use of Copyright protection, it is important to note that Copyright protects the expression of an idea but not the idea itself and that the Supreme Court has ruled that some degree of creativity or originality is required. Additionally, there are several important limitations and exceptions to Copyright protection that can be discussed further during a consultation.
What’s Protected:
- Creative works of expression
- Original works of authorship
- Music
- Literature
- Art
- Dramatic works
- Architectural plans
- Software code
- Product designs
What Isn’t Protected:
- Concepts
- Ideas
- Titles
- Names
- Short phrases
- Slogans
- Familiar symbols/designs
- Typographic fonts
What We Do
The Rodman Law Group makes the copyright application process simple. We will work on your behalf, completing searches to ensure that your work is unique and wouldn’t infringe on existing copyrights, then filing the necessary paperwork and registering your work with the US Copyright Office. While you’re focusing on growing your business, we’ll handle your copyright tasks and ensure that your work is protected!
Trademarks
Trademark law can trace its origins back to the middle ages, and much like Trade Secret law can provide perpetual protection under certain circumstances (usually mark registration and active use of the mark). Simply put, Trademarks identify the brand owner of a product or a service. Companies and Individuals can license the use of their Trademarks to others through licensing agreements. This allows for additional revenue streams and opens new markets while permitting the Trademark owner to maintain ultimate control over their IP. The Lanham Act provides the structure for Federal Trademark protection, but most states also have their own Trademark statutes. This distinction is an important one for companies in the cannabis industry. The Rodman Law Group has extensive experience in both Federal and State Trademark law. We assist clients in the registration and enforcement of their marks on both state and federal levels, and we facilitate the monetization of their marks with licensing agreements.
Trademarks
- Protect brand names and logos used on goods and services
- Identifies goods or services as being from a particular source
What We Do
The Rodman Law Group will work with you to consider your trademark options, including assistance with selecting the mark or marks you wish to use. We will evaluate whether the mark can be legally protected and will advise you of any potential we see for future similarities in your industry, assessing how difficult it will be to protect your mark and the strength of the mark. We then perform the necessary clearance searches in advance of filing for Trademark Registration with the US Patent and Trademark Office. We assure that all of the information is correct and in order, including the format of the mark, identification of the goods and/or services to which the mark or marks will apply, and proper basis for filing the mark. Hiring a patent attorney to assist you can prevent future problems or pitfalls with your trademark, but will also increase your chances of successful registration. Once we’ve submitted your mark for consideration, we will work with you and the US Patent and Trademark Office (USPTO) to respond to any required follow up actions and provide timely solutions for correcting any problems with the registration. After your mark is approved, we will continue to provide you with counsel as it relates to compliance, maintenance of trademark registration, and any other future trademark needs you may have.
Contact us today to discuss how The Rodman Law Group can assist you with the copyrighting process and all your trademark needs.