Search Results for: copyright infringement


What are the Legal Options if My Copyright is Infringed?

Have you decided to take the leap into the world of online entrepreneurship? If so, congratulations are in order. This lifestyle can provide an unparalleled level of financial freedom and with a bit of work, a great deal of success. It is still a fact that you might be forced to deal with legal issues sometime in the future. One common situation is associated with copyright infringement. What are your options if you believe that someone has violated your copyright? Let us take a quick look at what the professionals have to say.

Contacting the Individual or the ISP Provider

We will imagine for a moment that you have recently come across an advertisement on a social media platform such as Facebook that is utilising your product images to promote the items offered by another seller. The first step is to (generally) contact the individual or entity in question. This is normally in the form of a “cease-and-desist” letter or email. Such a letter clearly states that they are at fault and if they do not stop such actions, that you will seek legal counsel.

The other option is to contact the Internet Service Provider (ISP) associated with the seller or website. This is your legal right according to the Digital Millennium Copyright Act (DMCA). As long as you clearly identify the work that has been infringed, it is the legal responsibility of the ISP to remove it from the Internet.

Still, remember that this works both ways. You need to be fully confident that you are not violating anyone else’s copyright in order to avoid a similar situation. Not only does this entail a good deal of research, but you should be able to create targeted ads which resonate with the consumer. You can read more about this topic in order to develop a sound (and legal) strategy.

Seek Damages

Assuming that the material is still being posted or that you have suffered a significant financial loss as the result of an infringement, the final option is to seek damages for any lost profits. You may also be able to seek a court-ordered injunction; a legal document which states that the entity in question must immediately stop all activities related to your copyright claim. Keep in mind that this could even be possible if you have not registered the copyright itself. It is merely a case of illustrating that the individual in question has knowingly usurped your intellectual property with the intention of making a profit.

It is a good idea to gain a basic understanding of online intellectual property regulations, as you might otherwise inadvertently violate such rules. In other words, it pays to remain on the right side of the law and to know your options.

Please keep in mind that this is only a very quick overview of the options at your disposal. If you happen to suspect that someone has infringed upon your copyright, it is always wise to speak with a legal professional in order to obtain sound advice.


Overcome the fears of legal infringement in viewing streaming apps by using VPN

The popularity of video streaming apps is spreading like wildfire as the audience is seeking more options in viewing television programs and chosen movies and soaps just in the way they want. Viewers are keen to enjoy live events of sports, music and other entertainment on all kinds of devices including mobile phones even when they are on the go and the streaming apps provide the right type of entertainment that makes them happy. However, viewers often face copyright and related legal problems that surround the streaming of videos that many of the streaming companies curate from various websites on the internet.  You can know about several instances when viewers face a penalty for copyright infringement as such incidents are reported in the news and articles that appear on Bestdroidplayer, a blog that has become the face of the streaming industry.

Evading legal hassles

Many streaming services attract viewers by allowing them to view some premium live events free that would have otherwise cost them good money as they had to subscribe to the services. In simple words, some streaming services cut corners and circumvent the law to attract viewers and to take advantage of it viewers must ensure that they avoid all kinds of surveillance when viewing such programs. Therefore, maintaining complete privacy in viewing streaming services becomes a necessity so that viewers can avoid the legal hassles that arise from it. This has led to the growing demand for VPN services, many of which are free.

VPN offers complete privacy in viewing

VPN helps viewers to access the internet without leaving any trace of their online activities which are usually under close monitoring when using Wi-Fi and open networks. By using VPN, you can access any website or view any video streaming service including those that face restrictions in some countries and even access live streaming of major sporting events like NFL for free. No one can ever detect your online presence, and you are at liberty to access the internet in the way you want. In the process, viewers can avoid costly subscriptions, and the money-saving aspect adds to the enjoyment of viewing selected programs without any fear of trespassing the law. However, you may have to sacrifice speed when using VPN as it is not possible to get the best of everything.

VPN for network

For multiple users, you can use VPN across a network by choosing the best free VPN for Routers that create a firewall around the network and in addition to ensuring privacy in viewing it provides an additional layer of security. All incoming traffic passes through the firewall and undergoes scrutiny that protects the network from hacking or malware.  By configuring the router, it becomes easy to monitor the traffic that flows to and from the network.

All devices connected to the network whether wired or wireless that use VPN installed on the router enjoy the protection of VPN.  Since VPN provides an encrypted tunnel of communication, viewers can enjoy complete privacy as they remain invisible to the monitoring systems that track online activities.


Theft of Intellectual Property: Everything You Need to Know about Defending Your Copyright

In the modern connected world, holding on to your rights as a creator can be like trying to grab onto an electric eel. You have to know what you’re doing, or your rights can slip away faster than you can grab them. You can end up the victim of the theft of intellectual property.

What are you going to do when you have to enforce your own copyright interests in a complex world? Keep reading to find out!

What is Copyright?

Copyright is a legal concept that determines who owns and controls intellectual property. It is a right granted to an entity [like a person or a corporation] to have certain control over creative works for a certain period of time.

The most common type of copyright and the easiest to understand is the right of the author to retain control over the writings that they produce. If you write something, generally you own the copyright to that work. Copyrights can be transferred so that writers can be paid for the work they produce.

Copyright law extends to all types of creative content and intellectual property. Without copyrights, movies, TV, books, art and just about everything else you love about the modern world would STINK! The intellectual property theft definition is the reason creative professionals are safe to create.

You don’t have to look for intellectual property theft examples further than a major movie studio. They spend millions of dollars to make a movie and need a way to recoup the cost of creating the product. Copyrights prevent other people from legally copying or distributing the movie without the studio’s permission.

History of the Theft of Intellectual Property

Copyright laws came into effect around the end of the middle ages in Europe. Before that, there wasn’t any kind of concept of a person “owning” the intellectual property contained within a copyright. In fact, copying a book was considered a scholarly act, there were no intellectual property theft cases.

The idea of a “scribe”, or a person who could read and write, often really just meant copying a text. This word would transmute into the word esquire which means “lawyer”.

In the age before the printing press, each manuscript had to be meticulously copied by hand. It might take weeks or months for a monk to produce one manuscript!

With the invention of the printing press, humanity finally had the ability to mass produce written works. The first printing presses were used to print Bibles, but it wasn’t long after that commercial works began to be produced for sale.

Writers and publishers began to steal the popular works of other writers and sell them. In the United Kingdom, the Licensing of the Press Act 1662 was a censorship law that allowed the government to determine if anything was “seditious” or “treasonous”. This was the first step in the process of the government saying what was legal or illegal to produce in the press.

All legal books had to be brought to London and registered with the Stationer’s Company, which was authorized by the Crown to keep a list of all the books published in the country. People began suing for intellectual property theft since their work was then registered with the Crown.

In 1709, the first real copyright law was enacted in England. Known as the “Statue of Anne”, it gave anyone who applied the legal ability to profit from written works and to enforce those rights in common law court. It made it illegal to publish a book in the Kingdom without the permission of the copyright holder.

However, despite this law and similar laws in other countries, copyright laws generally ended at the border of the nation where they were created. This led to a situation where “pirate publishers” would simply produce copies of popular books written by authors in other nations.

If a book was popular in England, it would be published in Germany by rogue publishers who weren’t connected to the actual writers. The reverse happened to Continental authors in the United Kingdom. It soon became apparent that it was in everybody’s interest that international copyright laws would have to come into effect.

The Berne Convention

The Berne Convention was initially signed in Berne, Switzerland in 1887. It has become the de facto international copyright treaty with almost the entire world in agreement. The Soviet Union signed in 1947, but the United States and Great Britain didn’t sign the convention until 1987!

The basic thrust of the Berne convention is that copyright holders don’t need to put an explicit copyright on their works for the weight of copyright law to come into effect. Previously, works would have to be registered in a country’s copyright office in order for rights to be enforceable in court.

That meant that prior to 1987, you could basically steal anything written in the Soviet Union and publish it in America unless someone had walked it down to the United States Copyright Office in Washington D.C. It was considered something of a “power play” by America and Great Briton against the rest of the world.

Since America was the biggest market for copyrighted works, it was important for writers, publishers, and creators everywhere to register their copyrights in America first.

US Law Prior to 2009

The United States stubbornly refused to accept the basic premise of the Berne Convention all the way up until 2009. Until that time, copyright had to be explicitly registered with the US copyright office, or at least explicitly demonstrated on the document being copyrighted.

This was usually done with the (C) symbol being printed on the copyrighted material.

Old Wife’s Tale

If you know any writers, you’ve probably heard of the trick of securing a copyright by mailing it to yourself certified mail. This associates the “postmark” with the writing. If you mail it to yourself prior to the publication date, that would somehow constitute registering the document with the post office.

It should be noted that this technique has NEVER stood up in court on its own! Yes, this has been done in the past to prove a copyright, but in those cases, it was still one person’s word against the other. The postmark itself doesn’t prove anything and has never won a court case, by itself.

If you bring a copyright claim, and the envelope thing is the ONLY evidence you have of a copyright, you’ll lose against the other party. This might be if the author died, or the claimant for some other reason couldn’t provide any other evidence to substantiate their claim.


Since 2009, the United States has accepted the full commitments under the Berne Convention.

Today, even in the United States, a copyright can be implicit and implied. You no longer have to put the (C) symbol on written material to have a valid copyright claim. If you are the creator of the product, you own the copyright without any filing anything.

Enforcing the 99%

In 2018, most examples of intellectual property theft cases are web related. In terms of stealing copyrighted material, it just doesn’t pay to try and publish someone else’s book. But when it comes to digital material, it’s pretty easy to get ripped off.

You’ll need a good attorney familiar with copyright law to file a real case, but the lawyer you already have can use the most effective tool an attorney has in his arsenal, the “Cease and Desist Letter”. A “Cease and Desist”, or a C&D letter, is a formal demand from an attorney to make one party stop what they are doing, or else!

The vast majority of copyright infringements can be solved with a C&D. Most types of infringement fall under that category of “I thought I could get away with it”, and a notice from a lawyer that you’re not getting away with it usually does the trick.

The great thing about a C&D is that it costs nothing to do and it generally works. But if it doesn’t then you’re actually going to have to file a lawsuit, and that can be another giant can of worms indeed!

The first step is to gather all the evidence that you are, in fact, being infringed upon and bring it to a qualified attorney with experience in copyright enforcement like The Law Offices of B. Bush. This could include hard drives, letters, contracts or whatever else you happen to have.

You should explore with both your attorney and your accountant the feasibility of filing a lawsuit. The truth is that most people who steal copyrighted material are lawsuit-proof. You can’t get blood out of a stone.

If some college kid with $25 in his bank account re-posts your novel, you could spend thousands of dollars in litigation costs and foreclose on his 25 bucks. It might be better to chalk it up to good publicity!

Protect Yourself

It’s up to the copyright owner to enforce their own rights and protect themselves against the theft of intellectual property. You need a competent attorney to help you navigate the intricacies of the law. There are dishonest actors out there, lurking on the internet, who are willing to steal your stuff.

Don’t let them! Protect yourself with a skilled lawyer who has the reputation, experience, and ability to get the job done right. Check out our blog for more information on finding the best attorney for your business needs.


Are VPNs Always Legal? All Questions Answered

A VPN (Virtual Private Network) offers many advantages to its users. It encrypts connection to prevent hackers or your ISP from spying on your activity. A VPN also allows you to bypass geo-restrictions by connecting to servers in different countries around the world. Finally, it is the best way to circumvent government censorship and banned websites.

So, a question may arise whether VPNs are legal. For the most part, the answer is yes. But depending on your location, the laws might get a little more complicated.

Are VPNs legal?

In most countries, VPNs are legal. Nevertheless, that doesn’t mean you are guaranteed complete privacy and anonymity even in permitted jurisdictions. The US is a great example. Here, VPNs are illegal. However, there are some significant factors to consider.

  •         VPNs are legal, but anything that would be illegal without a VPN is still illegal. The best example is torrenting. Even if you encrypt your connection, your ISP could tell if you’re torrenting due to your bandwidth traffic patterns.
  •         VPNs may violate terms of service agreements. One of the biggest advantages of VPNs is the possibility to access geo-restricted content. However, some platforms, particularly Netflix, consider using a VPN a breach of their service agreement. However, you likely won’t be banned from the site; they’ll just block your connection until you turn the VPN off.
  •         Law Enforcement May Demand Information. If law enforcement suspects that you are up to illegal activity or your computer may contain vital evidence, they can demand information on your browsing history and other internet habits. Do note that many VPN service providers claim to keep “no logs” or records of their users’ history. However, there has been a general precedent when certain VPNs cooperated with authorities when requested. Thus, make sure your VPN provider follows a no-logs policy.

Where are VPNs illegal?

It probably comes as no surprise that many countries that enforce the strongest levels of internet censorship also have laws against using a VPN or they may be in some sort of legal grey zone. In countries like China, Russia, Iraq, Turkey, and the UAE among many others, it is illegal to use a VPN. Each country has a different policy. Some may limit a VPN’s local capabilities to connect to a remote server while others may even have legal punishments defined. Before you visit these countries, be sure you check the current legal status of VPNs there.

What about getting caught?

This also varies from country to country. For example, VPN users who torrent in the US will usually receive a warning letter from their ISP. After that, they may throttle down speeds or ban you from their service. Only in very rare cases, people do face legal action.

Currently, in Canada,a landmark case is taking place with Voltage Pictures suing over 50,000 John Does in a reverse-class action suit for copyright infringement. The outcome of this case will determine torrenting prosecution around the world and will represent the “tip of the iceberg” if the prosecution wins. However, it’s important to note that most of the people in the suit were not using VPNs. They were openly torrenting making it easy to trace their IP address and identities.

Overall, even in countries where VPNs are illegal, the chances of actually getting caught and prosecuted are extremely low. It’s simply not a priority for most countries. Furthermore, just by using a VPN, it makes it significantly more difficult to track specific individuals. The bottom line is that if you are using a VPN for legal activities, you have nothing to worry about.

Are VPNs legal for Netflix, YouTube, BBC iPlayer, etc.?

It’s easy to notice the significant difference in Netflix content available in each country. For example, in the US, you have access to more than 5,000 titles whereas in Myanmar the number is just around 700. The reason for this is that the countries have to sign copyright agreements so they have access to each other’s copyrighted material. If they don’t, then the number of streaming options you have will be extremely limited.

To work around this, you can use a VPN to access Netflix servers in the US, Europe, or anywhere you might be looking for region-specific content. Once again, it’s not illegal, but it does violate Netflix’s TOS. However, if you use a quality VPN, you won’t run into trouble. A good VPN should feature dedicated Netflix US-based servers so you can stream with ease.

The same goes for all the other streaming platforms like Hulu, Amazon Prime, etc. It’s not illegal, particularly if you have a paid, active account, but you may be violating the TOS agreement if you use a VPN.

VPNs: the best way to access the internet

VPNs are an essential tool for safe internet access. They protect you from hackers and snooping parties like your ISP or government. Not only that, they allow you to bypass geo-blocks so you can always stream your favorite content. Finally, they give you the most important thing—privacy in the online world. So if you want to browse safely and if you stick to legal activities, then using a VPN is legal.


How to protect your intellectual property

Your content is most susceptible to theft when you are starting up an investment or putting up a product idea. Having invested a substantial amount of time to see your insights into life, protecting them is only necessary. As such, you should put all methods into consideration to ensure that you protect your intellectual property.

With several options at your disposal, finding the best way to protect your intellectual property may seem impossible. To ensure that you get it right, we established the best methods for you to keep your ideas safe. These methods range from assistance with legal papers online, obtaining patents, trade secrets and, copyrighting of work.

     o Get a provisional license

When it comes to keeping your ideas to yourself and preventing others from exploiting your toil for their glory, a provisional patent should be your first step. Not only does this warn copycats from stealing your ideas but also it gives you room for development before getting your license.

If you make changes to your idea; however, it is wise to file for another provisional patent to keep your ideas covered. When addressing the issue of patents, it is wise to get one that provides for the field where your competition lies.

For instance, getting a patent from your country of residence won’t cover competition from foreign countries. As such, consult top patent service providers to ensure your content is safe from prying eyes.

     o Have your workforce sign a well-written non-disclosure agreement

When bringing a concept to life, outsourcing is inevitable. Not only does it ensure that your project is outstanding but also ensures you meet your deadline. However, this also poses a significant threat to confidentiality and may lead to theft of your ideas.

A vital step in protecting intellectual property is ensuring that your employees do not share work they have delivered. To achieve this, have your employees sign an NDA before sharing any information on your concepts with them. By doing so, you ensure that your work remains original and out of the reach of copycats, therefore, preventing the loss of content.

     o Keep yourself updated on methods of intellectual property protection

With a high rate of technological advancements in the online platform, being informed on the latest techniques for protecting your product is crucial. By doing this, you not only keep yourself safe from content thieves but also identify new developments in your field.

Unlike sharing with people, online platforms give you unbiased opinions on various developments and also covers a broader scope in multiple niches. To be the leader in your field, ensure that you get news frequently, therefore, adopting the best methods of operation.

     o Have appropriate and unique designations

To protect your products from theft, getting a copyright or trademark designation where necessary is crucial. Apart from warning content copycats that you will claim ownership, these also ensure that you claim the originality of your content.

Additionally, you may opt to register copyrighted work to get alerts on copyright infringement.

Given the hard work you put into projects and the time it takes to conceptualize ideas, you cannot afford to go wrong in protecting your intellectual property. Owing to this fact, it is advisable to consult legal dissertation professionals when going about the procedure. The professionals guide you on matters including but not limited to creating Non-disclosure agreements and also to get copyrights for your content.  By following the steps provided above, you get to protect yourself from the theft of intellectual property, therefore, ripping the most benefit from your ideas.


Legalities of Streaming Digital Music on the Internet

Are you a music lover?  Do you have a passion for streaming or downloading the newest bands and old classics?  Does music steer you through life’s ups and downs? Perhaps music is your soul and lifeline like it is for me?  If so then you should Follow The Music. Either way, if you download or stream digital music, there are some things you should know about what is legal and what is not.

Over the years things in the world of digital music have changed, evolved, and even found different places to call home.  Whether you use Pandora, Spotify, iTunes etc. you really should become more educated on what is legal and what is not. Both for your sake and that of the artists you are into.

First, let’s talk about the differences between what is interactive and non-interactive.  In accordance with United States laws Web radio stations and online music streaming services fall into these two categories.  What is the difference you may ask?


When a person makes their own playlists to be able to access them anytime.


When a service is considered non-interactive then each user has limited control over what songs are able to be played.

Sites like Grooveshark and Spotify offer interactive services.  Whereas sites like turntable fm have what are called “listening rooms” and don’t allow the users control over what is being played.  So they are non-interactive.

When it comes to Grooveshark, they tend to get sued by artists a great deal.  Artists claim copyright infringement because of intellectual property laws. However, Grooveshark says it follows the rules of the Digital Millennium Copyright Act.  The problem that Grooveshark runs into is they don’t have the capability to keep proper tabs on who is doing what and with what files. Although Grooveshark does frequently send out cease-and-desist orders following through on them can be complicated.

When it comes to non-interactive sites like Turntable fm, they are supposed to adhere to the SoundExchange Statutory Licensing For Non-Interactive Music Sharing Sites rules  SoundExchange is a non-profit entity that allows non-interactive music streaming service providers to pay out royalties if need be. Turntable fm is probably the safest of the music streaming websites since it doesn’t have to worry about royalties to artists.  Turntable only allows its users to choose a genre of music and then songs are played based on that.

The online world and federal laws have not always meshed well.  Although things are getting more clear on all fronts they still aren’t crystal that’s for sure.  It’s always best to err on the side of caution when downloading, streaming, or doing just about anything online.  Do your research and try to arm yourself with the best knowledge you can get on the subject at hand. If all else fails then call a lawyer and ask them.


The Legal Implications Of Using A VPN

In today’s world, privacy is at the heart of many of our security concerns. We are online all the time and carry trackable mobile devices everywhere we go. Anyone who has access to our data or who is able to track out phones can do severe damage. Identity theft is rife, with millions of people losing money and opportunities due to data stolen in breaches and hacks.

Over the past few years, virtual private networks (VPNs) have become one of the first lines of defense in preventing privacy breaches. A VPN routes your connection through an external server, hiding your IP address, masking your location, and encrypting your data. This makes it far more difficult for hackers to find out where you are, let alone get any data on who you are and what you are doing.

Different VPNs use different methods of keeping you safe. If you are interested in exactly how they work, you should delve into this explanation of VPN tunneling protocols. You do not need all the extra information, but it will help you keep track of what the software is doing on your devices.

Many people have asked me whether VPNs are legal. The question mostly comes from the sense that by using a VPN, you are indicating you have something to hide. However, there is nothing wrong with keeping your private data secret.

Nonetheless, there are legal implications when using a VPN that you should keep in mind.

VPNs are illegal in some countries

VPNs are perfectly legal in the US and most other countries across the world. However, they are illegal in certain countries, including China, North Korea, Iraq, Russia, and the UAE. What all of these countries have in common is that the government attempts to control what its citizens see online. Criticism of the administration is banned, and content deemed immoral is censored.

In these countries, a VPN can give a citizen access to information that their government is hiding from them. If you are travelling to one of these countries, you can get around the ban by downloading a VPN before you get there.

VPNs are used by some for illegal activity

People generally seek VPNs for one of two reasons: they want to protect their privacy or they want access to content that is either illegal or copyrighted.

A VPN makes it easier for people to download torrents and other content they would otherwise have to pay for. For some, the privacy of a VPN provides more courage to carry out other illegal activities (or to visit illegal websites) without worrying that the FBI will know about it.

Content on streaming services is also often geo-restricted. Because of this, most video streaming services have banned the use of VPNs. However, this is unfair to the vast majority using VPNs for privacy protection, and there are VPNs which get by these bans.

Furthermore, some people use VPNs to attempt to hide criminal activity, inlcuding sex crimes, fraud, and more. This is certainly a problem, but considering our principles of freedom, I think most of us agree that the answer is not a total lack of privacy or the ability to be surveilled at all times. These individuals need to be brought to justice, but that should not come at the cost of our collective freedom.

Even though some people use VPNs for illegal activity, the VPNs themselves are legal. In the same way that you can go out at night even though thieves operate under the cover of darkness, you can protect yourself with a VPN.

Should I use a VPN?

We have established that VPNs are perfectly legal in most countries. But should you use a VPN or should you rather stay away just in case. The answer is, quite simply, that a VPN is a necessary piece of software for your security. It is almost as important as a lock on your front door. Since you face no legal issues, you should be downloading a VPN right now.

VPNs are perfectly legal, and are highly recommended for law-abiding people. It is high time you start protecting yourself from the constant barrage of potential privacy breaches.


Hiring a Lawyer for Business Startup: What You Need to Know

The dream of becoming your own boss is seductive. Making your own hours and signing your own paycheck is only one of the many perks of becoming an entrepreneur.

But before you quit your day job, hire a lawyer for business startup. Lawyers might not seem necessary in the digital age, but a good attorney can help you avoid many common pitfalls startups face.

Let’s explore the many advantages of hiring a lawyer for your startup.

Solid Business Formation

Yes, your county’s business division might have filing paperwork available online. To save money, your instinct might be to download the articles of incorporation to mail in yourself.

This can be a risky decision if you have no understanding of how business entities impact your financial and legal standing as a business owner. An attorney can help you choose the business structure that makes the most sense for your goals.

For example, a tech startup won’t want to incorporate as a sole proprietorship if the company plans to go public at a later date. Not understanding your limitations when you choose a legal entity can mean placing limitations on your business goals.

Your relationship with customers, investors, and coworkers can all be affected by the type of entity you choose.

The bigger your dreams, the larger the legal protection you may need. Starting out correctly can help save you headaches in the long run.

Here are the most common types of legal entities:

  • Limited Liability Corporation
  • Limited Liability Partnership
  • Sole proprietor
  • S-Corporation
  • C-Corporation

Navigating Intellectual Property

Intellectual property goes by many names. Artwork, designs, computer software, and literary works are just a few.

A good business lawyer can help you navigate the complex world of intellectual property and avoid theft of your ideas. If intellectual property is at the heart of your business, it’s important to put the necessary protections in place.

Lawyers can help you choose between a patent and copyright or decide whether it’s necessary to trademark the logo. Here are the common types of intellectual property.

Copyright Law

Copyright Law applies to fine arts, publishing, entertainment, and software development. If another person or business chooses to copy, present, or display the work without permission, the owner is protected by copyright laws.

Trademark Law

Trademarks apply to words, phrases, symbols, and design. Business entities can apply for a trademark on a design to make sure no other business copies its image or uses its branding without permission. When you apply for a trademark registration, you can protect your brand from misuse or any form of imitation and prevent others from making money on your business.

Famous brands like Coca Cola and McDonald’s have trademarks on their brands to make sure their logos are protected. If another brand creates a logo or slogan too close to your own, you can file a complaint to avoid a copycat brand.

Trademarks laws are regulated by the Federal government to protect against infringement.

Patent Law 

The most complicated of intellectual property filings is a patent. Inventing something new doesn’t automatically give you the right to a patent.

Instead, you must prove that the invention rightfully belongs to you. This can be a time-consuming process that is best overseen by an attorney.

Patent law can apply to a design, a process, or a product. When you become the owner of a patent, you have the right to protect yourself from anyone else producing or copying your process.

Anyone seeking to use your patent must first get permission in the form of a license, assignment, or purchase.

Trade Secrets

Once you’re in business, you may establish practices, formulas, and ways of operating that give you a competitive advantage. Protect your trade secrets by consulting with an attorney.

Every idea won’t qualify as a secret, but information that’s specific to your product or service might be worth pursuing. A famous example of a trade secret is the formula for Coca Cola, which is protected by a variety of intellectual property laws.

Settling Founder Disputes

Disagreements amongst business partners are guaranteed to happen. The severity of the dispute, however, is impossible to predict.

Consulting with a lawyer during the startup phase can help you and your business partners decide how to settle any disagreements that may arise. Whether it be financial, operational or otherwise, legal documents can help set guidelines to place limits on disputes.

Taxation and Representation

Legal entities are all taxed differently. The amount of revenue you earn each year should help determine which entity you choose.

Consulting with an attorney can help you simplify this process. Choose an attorney with experience in your industry, as they’ll have access to past client financial information.

Having access through your attorney helps you make more accurate predictions on how a business in your industry should perform within a given time.

Your business entity needs to be set up in a way to maximize compliance with the IRS so that you have fewer tax surprises when you reach success.

The Best Lawyer for Business Startup

Finding a lawyer for business startup won’t be a walk in the park. Given the long long-term impact of the work of an attorney can provide your business, you should take your time choosing the right professional.

Consider the services you need an attorney to perform before getting started. Make a list and estimate the experience level, the attorney should have to perform each service.

A first-year associate may not have the experience to negotiate with a 20-year venture capitalist. Make sure the work matches up with the attorney’s areas of expertise.

Set aside time to interview potential attorneys through consultations to learn whether the firm is a good fit for your new business. A good attorney will be a trusted advisor that allows you to feel confident making important business decisions over time.

For more information on navigating the startup process, check out our blog for updates.


Is It Against the Law to Stream Unauthorized Content on a Jailbroken Firestick?

Amazon Jailbroken FireStick is a popular streaming device that allows you to easily convert your TV with HDMI compatibility into a smart TV. Jailbroken FireStick allows you to stream content from an array of online entertainment services like Amazon Prime Videos, Netflix, Hotstar, Hulu, and many TV Networks. Here’s the rub. Owning an Amazon Jailbroken FireStick only grants you access to content offered by Amazon.

What is Jailbroken FireStick?

Owners have learned, however, how to “jailbreak” their own FireStick to gain access to programming not offered by Amazon.. If you’ve been wondering if it’s illegal to jailbreak an Amazon FireStick, let’s clear that up immediately.  The answer is a resounding NO!

It is absolutely legal to “hack” your own FireStick simply because the Jailbroken FireStick is YOUR PRIVATE PROPERTY.

How to Jailbreak a FireStick?

In fact, when people refer to an Amazon Fire TV Stick as “jailbroken FireStik,” it simply means that they have installed media server software (typically KODI) to expand their viewing choices. What makes this question tricky is that you can enjoy your Fire Stick in whatever way you choose–until you infringe on the rights of another or you violate a national statute such as viewing pirated content.

Sometimes, it can be tough to know what’s been pirated, however, when searching for content., and that’s where FireStick users can get themselves into legal trouble.  In order to protect themselves, many users create a Virtual Private Network (VPN) to circumvent the possibility that they are “spied” upon while viewing.

A Private Network

A VPN offers many advantages to its users by encrypting connection to prevent hackers or their ISP from spying on their on-line activity. It is also the best way to circumvent government censorship and banned websites. So, a question may arise whether VPNs are legal.

For the most part, the answer is yes. But depending on your location, the laws might get a little more complicated.

Use of  Jailbreak a FireStick

VPN helps viewers to access the internet without leaving any trace of their online activities which are usually under close monitoring when using Wi-Fi and open networks. By using a VPN, you can access any website or video streaming service such as major sporting events like the NFL for free.

No one can ever detect your online presence, and you are at liberty to access the internet in the way you want. In the process, viewers can avoid subscription costs, and the money-saving aspect adds to the enjoyment of viewing selected programs without any fear of trespassing the law.

However, you may have to sacrifice speed when using VPN as it is not possible to get the best of everything.

VPNs are an essential tool for safe internet access. They protect you from hackers and snooping parties like your ISP or government. Not only that, they allow you to bypass geo-blocks so you can always stream your favorite content. Finally, they give you the most important thing—privacy in the online world.

So if you want to browse safely and if you stick to legal activities, then using your jailbroken FireStick is guilt free fun!

Stephen A. Kennedy

Kennedy Law, P.C. is a intellectual property and business litigation boutique located in Dallas, Texas. We have experience in a wide range of intellectual property matters including copyright, patent infringement, patent antitrust, trademark infringement, trade secret misappropriation, right of publicity, Digital Millennium Copyright Act plus various business litigation matters.


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