Before proceeding with securing international rights, a company should assess whether filing for protection is appropriate. Circumstances for determining what type of IP protection is best for a certain company vary, so seeking legal counsel is advisable. Several general questions can help guide the decision, such as whether or not you will be selling, distributing or outsourcing your product abroad, and what the likelihood if of your product being copied overseas. International protection is not inexpensive, and affordability should be a deciding factor. While every care and consideration should be taken in the decision, businesses should keep in mind that since certain actions can bar certain types of protection, it’s in a business’s best interest to consider IP protection as early as possible.

Once you have decided to protect your IP abroad, legal counsel can help you develop an overall protection strategy, conduct due diligence of potential foreign partners, record your U.S.-registered trademarks and copyrights with Customs and Border Protection, and secure and register trademarks and copyrights in the appropriate foreign markets.

As trademarks are territorial and a U.S. trademark does not grant protection in other countries, trademarks must be filed in each country where protection is sought. If a business is seeking trademark protection in numerous countries, it may be expedient to file an application under the Madrid Protocol, which offers trademark protection in many countries, including those beyond the European Union (e.g. Turkey, Iran). Another option for businesses seeking protection in several countries is a CTM, which must be applied for and provides protection for a trademark in all member countries of the European Union.

Although there is no such thing as an “international copyright” that will protect a work worldwide, most countries offer protection to foreign works under international copyright treaties and conventions. In the case that the work can’t be brought under an international treaty, a country may still offer protection under its national laws. Examples of international copyright treaties and conventions include the Berne Convention for the Protection of Literary and Artistic Work, the Universal Copyright Convention, the World Intellectual Property Organization (WIPO) Copyright Treaty; the WIPO Performances and Phonograms Treaty, and the Agreement on Trade­Related Aspects of Intellectual Property Rights. Since there are still some countries that offer little or no copyright protection to any foreign works, it may be advisable to consult www.copyright.gov for a list of policies specific to each country.

It is important to keep in mind that international protection and U.S. protection can differ in several ways with regards to IP. For example, the U.S. offers arguably less protection of an author’s moral rights than other countries. On the other hand, the fair use defense to copyright infringement under §107 of U.S. copyright law is significantly broader than international fair use exemptions, which have a tendency to be more specific in nature. Since policies can vary between countries, it is always advisable to conduct due diligence for the most up-to-date legal and procedural issues surrounding international protection. Failing to do so may result in product or name infringement and dilution in a jurisdiction where you have no judicial or legal remedies, possibly resulting in devastating economic consequences.

by, Sheheryar Sardar, Esq., Sardar Law Firm LLC*

For more information on contract law, contact: Sardar Law Firm atsardar@sardarlawfirm.com.

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Wired

The issue: whether Pulse Marketing violated 18 U.S.C. § 1037, which prohibits using false information to create multiple fake domains or email addresses, and using those domains and addresses to send out multiple commercial email messages.  Further, the federal CAN-SPAM Act, 15 U.S.C. § 7701, et seq., places restrictions and requirements on sending commercial emails.  All in all, the idea behind these laws is to protect consumers from unsolicited and unwanted advertisements while ensuring that companies are not abusing commerical emails.

While the idea of searching emails during an investigation has become routine, the Google Docs warrant appears to be the first in which the information sought resided in documents stored in “the cloud.”  The question becomes, is “cloud computing” safe and does it protect your privacy in the world of social media law?

by:  Benish Shah, Esq. & Sheheryar Sardar, Esq., Sardar Law Firm LLC

For more information on social media law, contact: Sardar Law Firm at sardar@sardarlawfirm.com.

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Social Media is akin to the e-mail era:  it is so convenient that it will not fade away and social media law must follow the pace of social media. The varying forms of social media communication may differ in popularity on and off, but the existence of the social media mediums must become of paramount concern to businesses as they move forward.  Effective corporate communication must incorporate social media, and here are 3 simple steps to help ensure that your company’s social medial lawyer can help you responsibly embrace advances in social media based communication:

(1) Assess

The first step of responsible corporate communication through the social media medium is the involvement of a corporate attorney to understand and analyze the risks to your company through the usage of social media.  Without the involvement of a legal entity, the risks will not be apparent.  A corporate attorney with an understanding of social media related law & risks must assess: (1) how does this company use social media?  (2) do company employees using social media on a personal level create a risk to the company? (3) do company managers create a risk to the company through social media usage? (4) how can the company develop policies and monitoring strategies to avoid potential risks?

(2) Influence

Upon developing a thorough understanding of a company’s social media usage and therisks involved, a social media lawyer would help companies develop a place to influence the company’s social media usage.  Much like the usage of e-mails and instant-message type online discussions, social media usage can be monitored by companies when used on company laptops.  Develop a written company policy that outlines the use of social media through company computers, and by those claiming to represent the company in the online world.

Encourage your employees to be responsible when using social media such as Twitter, Yammer, or Facebook to name a few.  Read through blogs discussing your company or written by your employees.  Comment on interesting blogs or Twitter posts about your company.  Influence the online conversation on various social media platforms.  Embracesocial media by participating in it.

(3) Evolve

Remember that social media is an evolving platform, as are the risks.  With new additions to the social media world, new risks will inevitably arise.  Your company must evolve with these advances and fads, while having a well-hashed out written policy on social media as a whole.

It is critical to evolve while developing a strong and resilient social media policy.  But if you decided to assess, influence, and evolve – your company will benefit from the world of freesocial media publicity and corporate communication.

More articles on Social Media Law can be found here.

By: Benish Shah, Esq. & Sheheryar Sardar, Esq., Sardar Law Firm LLC

For more information, contact:  Sardar Law Firm at sardar@sardarlawfirm.com.

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