What Are the Most Common Forms of Intellectual Property?

Intellectual property (IP) refers to innovations of the mind, such as inventions, scholarly and creative works, patterns and marks, names and likenesses used in trade and business. All IP is protected by the various laws in existence locally, regionally nationally, and internationally. Laws exist for patents, trademarks, copyright, service marks, trade secrets and more.

What is a Patent?

A patent is an absolute right granted for an invention, which is a product or a method that provides, in general, a new way of doing something, or proposes a new specialized solution to a problem. To obtain a patent, methodological information about the invention must be revealed to the public in a patent application. The process for obtaining a patent is complex. If you are interested in obtaining a patent, you should first visit this website: The US Patent and Trademark Office. Once you have begun to understand this process and the associated laws you can apply for a patent. However, keep in mind this is a complex process and using an attorney specializing in patents would be the best avenue to use.

What is copyright?

Copyright is a legal term used to illustrate the rights that creators have over their literary and artistic works. Creations covered by copyright range from books, music, paintings, sculpture, films, computer programs, databases, advertisements, maps, technical drawings, and more. Copyright is not a complex IP to apply for and most people can easily complete a form and submit their work. Be sure to visit the Copyright Office online to learn everything you need to apply for a copyright, including fees, what to submit, etc: US Copyright Office.

What is a trademark?

A trademark is a sign which distinguishes between goods or services of one company from those of other companies. Trademarks are safeguarded by intellectual property rights. Trademark protection can be obtained through registration, by completing an application for registration via the trademark office and paying the required fees. The website is the same as for patents.

What is a Service Mark?

A service mark is a mark that distinguishes between services. Businesses use service marks to connect their services and differentiate them from other services in the same field. Service marks consist of letters, words, symbols, and other devices that help notify consumers about the origin or source of a particular service. Registration can be completed at the US Patent and Trademark Office.

What is a Trade Secret?

The Uniform Trade Secrets Act (“UTSA”) classifies a trade secret as: information, including a formula, pattern, compilation, program, device, method, technique, or process that produces independent economic value. These secrets are either tangible or impending, and generally are not known or easily discovered by other persons who might receive monetary value from its revelation or use; and is the focus of efforts that are logical under the conditions to preserve its secrecy. There are two basic situations in which acquiring the use of a trade secret is illegal. If a trade secret is acquired through illegal means or if through a breach of confidence then there is a legal standing for suit. Trade secrets may be obtained by lawful means such as private discovery, reverse engineering, and unintentional disclosure. The trade secret holder’s failure to take reasonable protective measures can allow this to occur. The misappropriation of trade secrets is considered a form of unfair competition. Reverse engineering is oftentimes restricted as found in computer programs.

What is Industrial Design?

An industrial design right is an intellectual property right that shields the visual design of objects that are not purely functional. An industrial design consists of the creation of a model, pattern or composition of a pattern or color, or permutation of a pattern and color in three-dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional prototype used to produce a product, industrial commodity or handicraft.

What is Trade Dress?

Trade dress is a legal term of art that generally refers to characteristics of the illustration of a product or its packaging or the design of a building that signifies the origination of the product to consumers.

What is Fair Use?

Fair use is any copying of copyrighted material done for a partial and that changes the purpose, such as to comment upon, disparage, or lampoon a copyrighted work. Such uses can be done without permission from the copyright owner. Fair use is a defense against a claim of copyright infringement.

Commentary and Criticism

If you are commenting upon or criticizing a copyrighted work a book review or any valid review, fair use principles allow you to replicate some of the work to accomplish your purposes.

These are the most common forms of intellectual property. If you decide that something you have created falls under one of the categories stated in this article, then you should look into registering the work or product. Be certain that what you are registering is not the same as what someone else has already registered.

A Myth Regarding Personal Injury Protection

I often get told by my clients that they “do not want to make any claims on their own insurance policy” because “it will raise their rates.” Like many things, this is an insurance tactic meant to scare people from claiming what is rightfully theirs. Let me elaborate further.

Under Texas law, every person in the State must carry Personal Injury Protection (“PIP”) coverage on their auto insurance policy, unless you expressly sign a rejection or “opt-out” of this coverage. The State minimum requirement is $2,500, although many people carry $5,000 or $10,000 in coverage (or sometimes even more, depending on what their auto insurance carrier offers). Importantly, under the Texas Insurance Code, it is illegal for your insurance company to raise your insurance rates, drop your coverage, affect your credit, etc. for making these claims. Therefore, if you have this coverage, you always want to use it.

PIP coverage is meant to reimburse you for two things: (1) medical bills you have already incurred or (2) lost wages (although it will only cover 80% of your lost wages). Additionally, Texas allows “stacking” of insurance benefits. For example, let’s say you get into an accident and you are taken to the emergency room where you incur a $10,000.00 bill. Let’s also say that you have the standard $2,500 PIP policy through your insurance company. After you are finished treating, we send that same $10,000 bill to both the Defendant’s insurance company and to your own. We get you paid $10,000 from this insurance company plus $2,500 from your own PIP coverage for a total reimbursement of $12,500. That’s right, you get paid $12,500 for a bill that was originally $10,000.

I always tell my clients the same thing: If you pay for this coverage every month in your premium, and if your insurance company cannot raise your rates for using it, then why wouldn’t you use it? It is free money falling out of the sky. However, because it’s free money falling out of the sky, many insurance companies (and their agents) will deliberately try to convince you that you do not need it because “it cost more.” Again, this cannot be further from the truth. The cost of this coverage is literally pennies on the dollar for what you get in return should you need to use it. Further, the best part is that this coverage is no-fault, meaning you are entitled to these benefits whether you caused the accident or if someone else hit you.

For these reasons, it is a no-brainer not only to have this coverage, but also to use it once you need it.

A Few Things To Know About Sport Physicals

Many parents choose to have a sports physical conducted on their children during the summer. This makes sure they are ready for another activity filled sports season while last minute, mad rushes to the physician are avoided. Although most parents know that they need to get a sports physical conducted on your child, in order for him/her to participate in athletics, there are still a few unanswered questions.

How Should I Prepare Myself For This Checkup?

Make a list of questions about your child’s health and well being, should you experience any concerns or alarming signs. Ask your child if there is anything they s/he would like to ask the examiner. Take the medical history of your family and your child’s medical history reports with you.

Do Parents Need To Be Present At This Check Up?

Minors under the age of 18 require parental consent in order to have a sports physical performed. Parents also need to fill up the health history portion of the form. All in all, it is best that you are present for your child’s physical.

Is It Required For School Sports?

Yes, most schools do need a pre-participation checkup before enrolling students into their many athletic programs.

For How Long Is The Report Valid?

The report that you get is generally valid for one year. You need to pay special attention to this duration. Students who fail to go for this checkup can be disallowed from participating in sport and athletic activities.

What Should You Expect During The Procedure?

During a procedure, a child’s blood pressure, height and weight are checked. The physician will also look at the lungs, heart and spine. The immunization schedule will be reviewed and signs of puberty will also be taken into consideration.

What Is The Difference Between An Annual And Sports Physical?

Although an annual physical is the same as a sports physical, you go in for a sports physical when your child wants to involve himself/herself in a sport or physical activity. In such cases, the sports physical can be incorporated into the annual physical.

How Can I Prepare My Child For The Upcoming Check Up?

Sit down and have a thorough conversation with your child. Tell him/her about the procedure that is to be conducted and that there is nothing to worry or be fearful about.

These are just a few answers to some of the most frequently asked questions about this checkup.

How To Expand Your Family Law Practice: Ten Money Making Tips For Divorce Lawyers

The divorce rate in the United States is likely to rise over the next five years due to the ten sociological trends that will be outlined below.

These changes will create an abundance of work and opportunities for family lawyers and matrimonial lawyers.

  • In a bad economy, some people stay in bad relationships because they feel trapped. In short, they can not afford to leave their spouse. Today’s economy is quite strong. Home prices are rising and the stock market has been on the rise. Many people who are unhappy with their marriages can now afford to terminate these unfulfilling relationships.
  • The opioid crisis, the heroin crisis, the increase in alcohol abuse will create a lot of familial stress and will contribute to marital disintegration in America. Interestingly, many private corporations are now investing in drug treatment center to profit from the increased need for these services.
  • Domestic violence often coexists with addictions and substance abuse. Spouses in violent relationships will need to be protected by family lawyers and by the criminal justice system.
  • The rising number of people who are addicted to pornography, video games and social media will continue to put a strain on marriages and on family life. Many clinicians and attorneys are seeing the impact of these kinds of addictions on marriages and on intimate relationships.
  • Laws allowing same sex marriages create more relationships. More relationships means that there will also be more relationships which end in divorce.
  • Internet dating has made it very easy to meet, to hook up with people and find another spouse. Consequently, people are not afraid of being alone and will not hesitate to remove themselves from an unhappy marriage.
  • The public is now more aware of the value and utility of pre nuptial and post nuptial agreements. Attorneys will need to create more and more of these contracts.
  • Infertility treatments are creating many complicated legal issues for couples. Who owns the fertilized eggs is merely one example of the kind of legal issues that this relatively new technology is generating for families and for their lawyers.
  • The growth of mediation will simplify and shorten the divorce process and make it easier and less expensive to terminate a failing marriage. Consequently, more people will be likely to utilize the legal system to end their marriages.
  • Similarly, collaborative divorce is gaining in popularity and is creating another viable route to divorce for some couples in America.

 

Applying for a Personal Loan With Subpar Credit – What to Know

Anyone that finds themselves with multiple balances on credit cards that have high interest may consider looking for a personal loan with bad credit. This allows them to transfer those balances and take advantage of a lower interest rate to pay off their cards. Sadly, many banks will turn them down due to their credit. Thankfully, there are ways to get a loan that will help them save money, even with that low credit score.

Whether due to financial issues, job loss, or just striving to build a good credit score as a first time user it is difficult to get a loan. The way credit reports work is always changing and there are many factors that affect a person’s credit. It’s important to stay in the know about how to build it, and what your options are. There are likely more options than they think. Here are some ways to apply for and get a personal loan with bad credit.

How to Get a Loan with Bad Credit

Having zero credit or poor credit is a major issue when looking to secure a loan, because that person is viewed as a high risk customer who may default. It’s important to accept that until the credit score is raised, one won’t be able to enjoy the standard lending guidelines offered by big banks.

For anyone that’s been turned down for a loan or who doesn’t want to pay monstrous rates, here are some options:

Consider a Home Equity Line of Credit

If there is enough equity in owned property, it’s possible to secure a tax-deductible, low-interest loan or line of credit that can be used in any way. The only downfall is that many don’t want to tap into their home equity as it puts the property in jeopardy if they can’t repay it. However, with a steady income and a bit of discipline then this can be paid off and is a less pricey option no matter what the credit score!

Try and Apply to Credit Unions

Credit unions are so much better than a regular bank. That’s because they are member-owned. Usually they are founded by people who have something in common whether it be living in the same area, or working in the same profession. They are nonprofit and have a sole purpose of helping members. They offer great customer service and low fees.

Borrow from a Friend

Consider what’s called P2P or peer-to-peer lending. There are even sites online that let a person borrow from someone directly rather than a bank. This form of lending is getting very popular and is quite simple. It’s a winning situation for both investors who want to earn interest and borrowers who enjoy paying lower rates. It’s the perfect solution when looking to apply for a personal loan with bad credit. Current rates with P2P lending are as low as 6%. That’s far lower than most credit cards.

Family Loans

If an online peer doesn’t pick up a loan request, there’s always a chance a family member might. However, it’s more than important to treat a loan from someone in the family just as a professional loan. It should be documented and recorded. A written agreement should show the interest rate, terms of repayment and collateral that’s going against the loan. It should also lay out all the actions to be taken if the borrower does not repay.

What About a Co-signer?

If one is searching for a personal loan with bad credit and they don’t have a family member or a friend that is available to offer the loan, maybe they would consider co-signing. This is when someone who trusts that the borrower can repay the debt would take a chance on them and be a back up to repay the loan should that person default.

Solution for Business Growth – Networking

Interacting with influential people in parties, and collecting their visiting cards is just a touch point. Capitalizing your business on this network is totally a different ball game.

It requires due diligence and dedication over the years to build a relationship for a solid network. Once you have done it becomes a derivative to your success.

Networking should not be a temporary activity, it has to be an ongoing process, even when you are not at your desk. Aspiring business leaders have to learn the strategic networking technique for rapid business growth.

Primary reasons for networking

Why is it desirable to build a network with influential people and business groups of your domain?

· Immediate access to all service providers and vendors

· Quick response rate for contract base hiring

· Full extension to peers help

· Never face an issue of work crisis

· Referrals from the third party

· Updates on the latest trends and technology related to your business.

· Share ideas with similar business groups

Common Business Networking Mistakes

If the success of your business depends on networking then why to leave any corner of networking untouched, no matter how small or big your business is.

Unlike your business location, your network is not limited to the physical address. It has to proliferate in all directions. There are tons of way to build the network that is often overlooked.

· Not connecting with other communities

When it comes to pairing with individuals, usually you choose the known path for connection which is social media. It might look promising connecting through it but it limits your network spectrum. You have to explore another dimension for networking as well. Try to connect to lesser known communities like “Quora” or register with a “common platform for service providers”. There are other multiple online platforms where you can confluence with same business groups like Tumblr, musical.ly, tinder, etc. depending on your domain expertise.

· Not connecting to Niche forum or group

If you really want to build a close relationship with your clients or domain experts, join a Niche “forum”. But joining too many forum sometimes becomes complicated, try to zero in two or three forum of your field. There are big companies that also join this forum to get solutions and you can connect with them instantly.

· Not justifying your acquaintance

Let your client find you with your skills. Networking becomes easy if your clients know your whereabouts. There are very few networking sites that have a portal built especially for employees, where employees can build and upload their portfolio. It helps the employee in two ways, building their own network and establishing themselves as a brand.

· Not Paying heed to referrals

You need to pay attention to referrals coming through the third party or from the vendor’s site. Take immediate follow-up and honor these referrals.

· Not using Reviews/Testimonial for networking

This is the most overlooked attribute by vendors. Many of them believe “Reviews and Comments” are solely made for critics. No, that’s not true. You can convert those critics to your potential client. Ask for “Reviews and Comments” from them, you can even ask for the area of improvement for better service. It will help you to identify your weak zone, and at the same time, you have the opportunity to build a positive image in front of your clients. So, always be ready to listen to your client and make a bond with them through Reviews/Testimonials.

· Not connecting actively with Co-workers

Connecting with co-workers actively helps you to share ideas and gain knowledge. You develop this special”give and take” relation with co-workers over a period of time. Your equation with them will decide how your network will expand.

· Not connecting to diverse population

Usually, it’s a human tendency to connect with like-minded people, which is OK. But if you want to build up a B2B network, then you need to break that cocoon and connect with a diverse population. Diversity gives you the perspective to think out of the box and implement new ideas in your business.

Some Key takeaways for Business Networking

· Make your social networking activity a key part of your daily work.

· Locate and join networking site where other members sell their service or product same as you

· Rather than building numbers focus on people that show interest in your service

· Don’t miss out the client by not joining a common networking platform or joining much later than you should be

· Use software tools or plugins to optimize your networking activity

All You Need to Know About Family Law

Law, the term is associated with rules and regulations that the government of a country sets for its subjects. The subjects or the people who come under this law has to follow or abide by them. If violated, the person can be liable to undergo punishments as the concerned authority will wish them to go through. This is a state law. This has many divisions. Under this, the family law is a part. Law can also be there set by the head of a corporation or an organization. In that case, it cannot be called a state law, it is for the concerned organization. This article will deal in detail with family law. To know more continue reading.

Definition

As the name suggests, the law is concerned with matters regarding a family. It can be the family issues, like relationships, divorce, child custody or adoption of a child. The state is the supreme head who has the final say in such matters. A family seeking judgment must make an appeal before the court of law and have to patiently wait for the proceedings to take place.

Some Common Terms Related to Family Law

Marital Property- The property attained by either of the spouses during their marriage. This property becomes the point of division if they want to get divorced.

Emancipation- If the guardian of a minor dies, and if through court proceedings assumes adult responsibilities and becomes self-supporting for his or her own welfare. In this case, the minor does not remain under the care of his or her parents.

Prenuptial Agreement- An agreement, made before the marriage of a man and woman where they give up any future right to one another’s property in case of divorce or death.

Alimony- An allowance given by one spouse to another to support themselves after divorce or legal separation.

Paternity- This means to establish a confirmed identity of a child with his or her biological father.

How Are the Family Matters Solved?

If there is an issue in the family, which the members are not able to solve by themselves they can seek the local court for justice. In the first place, they must approach a lawyer who deals in such types of cases. Discussing the matter with him or her and taking an advice, one can submit their appeal to the court. The court through its several sittings will listen to the case and offer a suitable solution for both the parties.

Why You Should Be Outsourcing To A Local SEO Company Right Now

Local SEO has been proven to be effective for boosting businesses as it targets customers within your area. However, such a powerful tool does not come easy and might not be something your business can handle on its own. So how can your business get the best SEO result? The answer is outsourcing! Here are some reasons why you should be outsourcing to a SEO company for your campaign.

Your Costs Will Be Lessened

Local SEO is a complex process that includes web design, content writing, link building, PPC, and much more. It is an integrated marketing approach which requires every element to work to make the campaign a success.

Now, if you are going to hire employees to write content, design your website, and manage your SEO; you will be draining a lot of your financial resources. Not to mention, you will also be exerting time and investment you have to put on in training them.

By outsourcing to a local SEO company, you will already have a complete staff who can work on every aspect of your campaign. With this, you only have to pay for outsourcing instead of the additional employees you have to hire. It is definitely a more cost-effective move.

They Have the Expertise

Aside from cutting costs, outsourcing to local SEO companies will ensure that you will be receiving quality service from experts. Since you aren’t an SEO specialist, you do not have an understanding of the roundabouts of localized SEO.

Their experts know the ins-and-outs of this field, from its technicalities to its nontechnical aspects. They know what your business needs to grow in terms of SEO efforts, and they know what the pitfalls that you should be avoiding.

Doing SEO on your own will not only take away much of your time, but can also lead to failure or suboptimal results because of your lack of knowledge and experience. That’s why the assistance they can provide for your company is invaluable.

They Have Better Resources

If you are not a local SEO company yourself, then most likely, the technology that your outsourcing company has is definitely more fitting for the job. They know and have access to tools and resources to use to make it easier and better. They are also more updated with the trends that work best with attracting your target audience.

You Can Focus on Your Core Competencies

Another benefit you can gain from outsourcing to local SEO companies is the huge load of work that will be lifted from you. With that amount of time available, you can focus the efforts of your business on what it truly does best.

Use this time to focus on training your employees to be more efficient and strengthen relationships within the company. This will allow them to provide better service and finish projects faster. Outsourcing SEO also gives more room for you to concentrate in bringing in new customers for your business.

Working with an outsource local SEO company can do feats for your business’ growth all the while saving you time, money, and effort. You get more by giving less!

Ways to Overcome Copyright Problems

In this age of instant communication, more and more ideas are being born and products created than ever before. With the current entrepreneurial trend, new business owners are creating never-before-seen content and services in order to better the world. With so much going on, it can be easy to create something that copies another person a little too closely. Luckily, there are several steps that can be taken to overcome copyright issues.

1. Get permission from the original owner.

When it comes to using copyrighted content, the only legal way to make use of the content is to contact the original owner and ask for permission. In the event this is impossible, there are websites like Creative Commons that offer royalty-free image and audio files that are free for commercial use.

2. Trademark and copyright your own content.

If you create something you intend to turn into a business or revenue stream, it is important to obtain legal rights to it. While it may be your intellectual property, you cannot prevent someone from creating a similar idea and starting a business based on it. It’s important to trademark and copyright your ideas in order to protect them.

3. Obtain a legal copyright.

Intellectual property can be copyrighted by simply putting the copyright symbol in front of it with your name. However, the Copyright Act covers certain topics that are not so easy to claim ownership of, including architectural and choreographic works. Speaking to a copyright lawyer is the way to go to properly claim ownership of your own work and prevent illegal copying of it.

4. Trademark your property.

A trademark differs from a copyright primarily in the things it protects. While a copyright is usually used to cover a creative work, trademarks are used to protect names, logos, symbols, and other corporate IPs. The process of trademarking a property is lengthy and complicated, so it’s best to consult professional help. You must first search to ensure no similar trademarks exist to the one you want to file; even if an existing trademark isn’t identical, one that is too similar can make it impossible for you file.

5. Remember: registration isn’t absolutely required.

Since 1978, there has been no formal requirement in the United States for copyrighted work to bear the copyright symbol. A novel, for instance, is protected as soon as it is ‘saved’ in a word document. That said, registering the work offers certain protections that proprietary copyrighting does not. A person can only sue over copyright issue if their copyright is registered. The restitution a person may receive for damages will only count after the content is registered, not before.

While it may be an extra step, taking the time to copyright and trademark your property, whether intellectual or physical, can protect it in ways that claiming ownership cannot. Copyright issues can pose a number of problems for content creators or those who want to use content, but knowing how to overcome this problems before they arise can prevent a lot of headaches.

How to Make Your Home a Quieter Place

The houses today are constructed on the basis of modern, light-weighted and open-floor plans wherein it becomes difficult to find a little peace and quiet environment. In most of the houses, the walls are removed to increase the available space, kitchens are filled with larger appliances, and rooms are surrounded by home theaters making noise an essential part of our lives. We are the only creators of a noisy environment and we can only help ourselves in reducing it. This is not something that is created by nature it is simply a man-made product.

The evil effects of noise are that it can mess up your sleep, add to your stress, infringe on your privacy and in a nutshell it is hampering the quality of life we are living. Fortunately, we are lucky that there is a number of soundproofing or acoustic treatments that you can take help from to alleviate the problem. The acoustic barriers can efficiently help folks to get rid of this serious issue. Before, we proceed it is also important to know how sound actually works?

The clang of the bell and other physical things sends sound waves rippling through the ear. When these waves reach the ears, they vibrate a sensitive membrane i.e. the eardrum and we hear them as sounds. It is said to be the sound, not the noise. Noise is something that is unpleasing to the ears and is also termed as unwanted sounds.

Here are some helpful techniques for making your home a quieter place:

  • Cut down on noisemakers- Consider buying quiet appliances for your home including house fans, kitchen appliances etc. Buying quiet appliances is even more beneficial if they are to be kept nearby living or sleeping areas. Maintenance of existing appliances is also an important part of the equation. If you find something unusual, get it checked or repaired by the technician as soon as possible.
  • Use sound absorbing materials- The material that helps to reduce and absorbing the unwanted sound are something that every house owner would love to have. There are a lot of things that will work as a barrier that reflects and absorbs the noise entering your house. These acoustic barriers are quite helpful in minimizing the outdoor noises and absorbing the interior sounds. Ensure getting a spec sheet prepared by the tradesman so that you can check and approve it before its installation.
  • Install sound blocking doors- The largest opening in a house is its doorway. And a lot of sounds enters from this way. Thus, it is better to install weatherstrip or solid doors to effectively block the unwanted sound rays entering your house. The solid doors are quite expensive because of their thickness and are also available in a broader selection of elegant designs.
  • Weatherstrip interior doors- The actual sound doesn’t come through the door, it comes around the hollow spaces left between the doors. Thus, it is beneficial to install weatherstripping or door soundproofing to seal that space using adhesive-backed high-density foam tape. This will block the noise coming from outside.