Questions regarding all matters related to ownership and rights to intangible assets such as art, software, designs, etc.

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68 views

Does generic use of a trademarked term (e.g., Klout) constitute infringement?

My understanding is that trademarks afford protection when used as an adjective to represent goods or services, but they do not afford protection for generic usage of a trademarked term and only ...
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3answers
84 views

Legality of usage of Competitor's Scripting Language

We have a software which supports scripting. One of our main competitors has a software which works in the same way. I wonder if it is legal for our software to support their properiatery scripting ...
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1answer
155 views

Acquiring a website with unclear ownership

We want to acquire a website that is driven by a large community and non-profit. Before going to the attorney I want to do my own research on this topic. The problem is that the ownership of this ...
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2answers
208 views

Taking company's source code away

In general, what penalty do you provide to an employee that takes company Intellectual Property away (violating the non-disclosure agreement)? What is the best way to protect our bigger value (source ...
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1answer
109 views

App developed in company time has potential to be sold commercially. Need advise

Situation I work on the public sector and have developed a web app for internal use to handle a department's business process. The application has been a success according to its users. Some of the ...
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3answers
507 views

Forced to sign intellectual property agreement or be terminated after 4 years of service

I have worked for a small 25 employee non-profit in the US for the past 4 years. About 9 months ago, I identified some deficiencies within the company in the areas of data management and ...
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3answers
307 views

Prospective investor/partner asking for source code, what should I do?

After developing a unique software product for the past 5 years, I am looking to team up with a business developer that can get the right investment for going viral... The prospective business ...
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1answer
450 views

Can I name my website the same as someone else's if it already exists?

If I own DomainName.com but someone else with DomainName.info already has a site named "Domain Name," am I allowed to call my site "Domain Name" as well?
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52 views

Who owns the Intellectual Property, Copyright and Patents created by Technical Co Founder?

I will be joining a new start-up as a technical partner. Other two partners are business administration role. I will be the one who will program everything from scratch and build the new web based ...
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37 views

Implementation partners-protecting source code

I have an existing SAAS platform and I am in the process of working with multiple implementation partners or vendors for some enhancements. How do I make sure my source code is protected? Some of ...
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5answers
220 views

Protecting works for being able to prove later “I've done this on this date”

How to protect digitalized works for later prove we've had this and that on that date ? Example: John Doe wants to protect his works on 2011 to be able to prove in future (let's say 2022) that he has ...
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2answers
148 views

What are the legalities concerning supporting open source software?

For the last couple months, I have been building small HTPCs with a variety of software on them, tailored to what my customers (so far just my friends) want. There is a market there, but I'm ...
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39 views

Developing a product/service as a result of requirements of existing employer

A is currently employed at company X which in turn is a vendor for company Z. A realized that certain aspects of running the business for Z which X is failing at can be productized/offered as a ...
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115 views

building an application at work, want to spin it into a business

I am building a custom sales portal at my place of employment, a large company. I would like to start a saas business that uses the same features I am building for the custom project at work. I want ...
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2answers
125 views

Am I worrying too much about my IP?

I've spent the better part of the last several years developing a product/algorithm, and although I lack the time/funds to do an exhaustive patent search, I'm 99.99% certain that the algorithm is ...
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2answers
74 views

Intellectual property due diligence when onboarding talent to create IP

When talent is being paid to acquire/create intellectual property, it's been my experience that the standard due diligence is to just have that party sign a contract stating they own the rights to ...
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1answer
62 views

User Elected Image Copyrights

Environment: Our project allows teachers to create learning objects (activities, lessons, videos) that may incorporate uploaded images for the purpose of language learning. Our EULA states that ...
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2answers
159 views

Idea for a non-related business while employed

I was wondering if anyone can shed some light on this one. As I worked for my previous employer, I came up with an idea for my startup. While I was employed, I created mockups/wireframes for my ...
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2answers
315 views

Is there a conflict of interest between my side project and employer?

I have developed an iPhone photo sharing App on the App store and recently I started interning for a company that makes iPhone games. During my interview I showed them my App as part of my resume (so ...
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200 views

How do I get a trademark on a logo and slogan when I have no money?

I have an idea for two great logos and slogans that I would sell to two different companies if I could afford to get them secured through a reputable attorney. I have an attorney in mind. Is it a good ...
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1answer
144 views

Seeking Google+ Development Partner

Does anyone know of or have contacts for any companies that have products centered around Google’s APIs? We’re looking to potentially partner with a company on a product for Google+ and specifically ...
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1answer
167 views

We have a well-established trademark - how safe is it to let its registration lapse?

I work for a company called New Internationalist ( http://www.newint.org/ ). We've been trading under that name since 1973, and have a registered trademark for the name which has recently lapsed. The ...
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2answers
120 views

Disputes in startup

hi i had a friend of mine, we worked on a idea, now my friend is not interested to work with me and he is looking for someone else.However the idea was conceived by me. Can i shake off hands and go ...
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1answer
440 views

What is the best and least expensive way to trademark and patent your business IP internationally?

I am working on a start-up company to grow to become a big company to compete against some well known, popular, and in some ways powerful companies in the respective industries and markets today. I ...
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2answers
312 views

How can I determine if someone owns the intellectual property rights to a word game?

I found a really cool word game that I would like to implement as a mobile app, though I don't if anyone owns the right to the concept. I know there are many games out there, such as Poker or ...
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4answers
547 views

I'm developing software, but I'm not the programmer. What steps would you recommend I take to protect the IP throughout the development stages?

I have an idea for an app, but I have no background in programming. How would you recommend I select my programmer, and what steps should I take along the way to protect the IP? At this point, all I ...
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3answers
143 views

A question(s) about IP in a 'Web 2.0' startup

I'm laying the groundwork for what might ostensibly be considered a 'Web 2.0' startup. While I think that I might have some protectable IP, I think that these are not necessarily fundamental to the ...
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1answer
23 views

Can I resubmit under my company an abandon patent that was under my name?

If I submitted a patent under my personal name and it was abandoned, can I later resubmit or rather submit it under my company name?
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42 views

Contract employee and IP in a not so related business

If I create an application for a client and I am employed as a contactor to the client by a contracting firm in a different capacity, who owns the copyright?
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3answers
81 views

How should we compensate a non-founder in a new web-based business who is critical to the launch of the business?

We are in the very early stage of organizing and launching a new web-based business. There are two co-founders - one who is CTO and one who is CEO. In addition, we will be including a third person ...
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1answer
128 views

Side projects while being a co-founder and officer of a company

There is already an awesome question and answers on IP and spare time related to employees: If I'm working at a company, do they have intellectual property rights to the stuff I do in my spare ...
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1answer
63 views

US intellectual property law - restrictions for a licensor

I am going to acquire a non-exclusive license from an American individual for a software. This software will be used as an integral part in my retail software which is under my own copyright. We have ...
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2answers
81 views

Equity sharing for my particular situation

I have read numerous posts and articles on this topic and it is clear there are several schools of thought that involve many shades of grey. I have come to a conclusion but am seeking affirmation from ...
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1answer
142 views

Valuing intangible assets in an LLC sale

Upon sale of an LLC, how would I express the values of intangible assets the LLC has generated (e.g. certain access rights, processes and procedures, IP, and customer relationships)? These are assets ...
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2answers
442 views

court precedence on California labor code section 2870

Does anybody know of any actual court cases involving California labor code section 2870 which gives a clear precedence as to how judges would rule in such disputes (eg. a programmer makes something ...
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1answer
95 views

Intellectual Property and Day Jobs

I run a small tech company providing custom web development (in Ontario, Canada), and I have a few clients. However, as I am still a student in university, I have co-op positions that I take every ...
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1answer
44 views

Consulting on work related to future planned product

We recently approached a large company with a proposal to build them an application we thought they'd find useful. The idea is that they'd partner with us to get it developed and get unlimited use ...
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1answer
46 views

Does exists shared patents porfolios that a company can contract as insurance?

considering so much articles I've read about the IP scenario today, I was wondering if there exists Patents holder companies that... Have a good patents porfolio (maybe thounsands, in many areas). ...
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1answer
59 views

Strategies for a Startup within a Big Company

I have an idea for a product that is close enough in concept to my employer's business that they might have a claim on the IP (not a valid claim, IMO, but they have all the lawyers). It's unlikely ...
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1answer
299 views

tax implications of not assigning ip early enough to a startup from founder

I'm the sole founder of a startup and I've incorporated a delaware c-corp, but have not yet issued any shares. I'm putting all that legal stuff off so I can focus on product development. Plan is to ...
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132 views

Legality of using idea developed while a consultant

Before I go ahead on put much effort into a startup idea I have, I wanted to know if anyone could direct me to legal resources/opinions on using ideas developed while consulting for a company as the ...
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1answer
97 views

Creating an online downloadable multiplayer game

I have a concept for an online multiplayer game which would require the user to download a lobby interface to access the online content. I am looking for advice for where to look for people who would ...
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1answer
68 views

Whose property is the product?

I recently entered a government founded start-up that was planning a major switch in the product (after I entered we started doing a completely new product indeed). Each person in the project has a ...
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2answers
239 views

Interpreting Invention Assignment: what does “is not related” to the company's business mean in employment contracts?

I'm talking about those Invention Assignment clauses in employment contracts (especially with regards to California labor code section 2870) "Prohibiting employee assignment to an employer of ...
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4answers
940 views

Where to find a template for a general-purpose Independent Contractor Agreement?

We want to hire some freelancers in the US, Germany, Russia and Japan. The book "The Business of iPhone App Development" from Apress references an Imdependent Contractor Agreement template. The goal ...
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2answers
187 views

What does IP mean in Digital medium

From my understanding of Paul Graham's Article http://paulgraham.com/msftpatent.html, IP doesn't have much affect on digital products/services. For example, youtube, tinyurl, groupon, kickstarter all ...
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3answers
174 views

Intellectual Property question about version 1.0 of a web app

What is the motivation for small companies to release version 1.0 that has the most important features that define the application? Couldn't a bigger company just replicate these features over the ...
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3answers
267 views

In what ways I should/ can protect my rights before divulging my business idea or related information to anyone?

I am in the process of creating a web based start-up which is about a web-portal/application. In what ways I should/ can protect my rights before divulging my business idea or related information to ...
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1answer
392 views

How to minimize risk of software copyright infringement claims

I had a software developer create a software program, which I copyrighted and then assigned to a software company (and LLC) that I co-founded. I plan to sell the program to the general public. Then ...
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3answers
114 views

Does the company own all my ideas?

A company has the following contract. http://www.uploadimage.in/di/93QO/one.png http://www.uploadimage.in/di/N8UR/two.png Does this mean if one is working on something in their free time while ...