User-generated content (UGC) is a valuable part of your company’s content marketing strategy, but it’s also full of potential legal pitfalls. When you’re aware of these liabilities, you’ll have a good grasp of what you can and cannot permit on your sites without risking copyright violations, trademark infringement damages or other legal issues. The Digital […]

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If your plans for 2018 include launching a new product or service, you also want to ensure your business assets and trademarks are protected. Your business relies on its intellectual property, which isn’t a tangible asset but is the sine qua non of your operation. Don’t risk your business by failing to perform some basic due diligence. […]

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  The fight between Apple Inc. and Samsung Electronics Co., the world’s two leading smartphone manufacturers, is not limited to the marketplace – in the past five years, Apple has filed over fifty patent infringement lawsuits internationally against Samsung. The most recent United States ruling was decided in favor of Apple by the Federal Court […]

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Gilead Sciences is a bio-pharmaceutical research and development company that discovers, develops and commercializes innovative medicines in areas of unmet medical need.  Recently, Gilead lost a patent infringement case to Merck, another pharmaceuticals company, and was ordered to pay $200 million in royalties for a pair of hepatitis C drugs, Sovaldi and Harvoni.  The combined […]

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Under Armour filed a complaint against NIKE Inc. claiming trademark infringement, trademark dilution, and unfair competition under the Trademark Act of 1946 over their phrase “I Will” and is seeking equity from NIKE. Under Armour (UA) argues that NIKE was fully aware that they registered the phrase in 2000 and even as of 2012, they […]

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First, it’s important to mention that the agreement in place is based on mutual needs and terms between both parties. Needless to say, both parties should be benefiting from this partnership. In order to ensure the terms are being met and maintained consistently across the board, the franchisor will conduct audits of their franchisees as […]

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Any company is likely to run across a scenario where someone that works there develops something. It could be a method or technique that speeds up data entry. It could be a software tool which cuts costs by 10%. There are any number of things that employees of a company could develop while working for […]

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A trademark is a word, name, symbol, or design used to distinguish the goods or services of one seller from others. Anyone in commerce depends on their reputation and trademarks are a necessary part of that. As such they are protected. When a third-party uses a trademark without authorization, the trademark holder may be entitled […]

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The value of a business ultimately depends on the buyer’s price. There is no right way to objectively determine the value. However, as Steven Robins states in his question and answer column (Entrepreneur, January 11, 2004), “you could probably come up with several wrong ones.” The idea of business valuation is to predict how likely […]

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To get ahead, improving your royalty audits is vital. Here are nine ways to accomplish just that. First: Learn everything you can about your licensee’s business practices. The information you garner will help you determine how well the company will be able to comply with your licensing requirements. Second: Write licensing agreements in unambiguous terms […]

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Many entrepreneurs purchase a company already in existence, enticed by the advantages of an already running company. However, it is essential to look at a company’s valuation before completing any purchase, or even before considering the business as a viable transaction. What is the return on investment that the investor can expect? How is the business doing […]

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Business Valuation – Four Methodologies Used in Buying an Existing Business Many entrepreneurs purchase a company already in existence, enticed by the advantages of an already running company. However, it is essential to look at a company’s valuation before completing any purchase, or even before considering the business as a viable transaction. What is the return on […]

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Patent infringement analysis is only as good as the expertise of the analyzers–specifically, their understanding of United States patent laws. According to the Office of the General Counsel for North Carolina State University, the entity which defends the ownership rights of products/services invented by university employees, a U.S. patent gives the inventor “the right to exclude others from making, […]

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What is IP, and Why Does IP Valuation Matter? IP valuation is the process of determining the market value of “intellectual assets”. It’s important because “IP intensive industries contributed $5 trillion, or 35% of our Gross Domestic Product”, as reported in the 2012 Intellectual Property and U.S. Economy-Industries in Focus report.  IP companies, also, were responsible for the creation – or the maintenance […]

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