Trademarks can be words or symbols used to distinguish goods and services of one company or of one individual business entity from another. They can be maintained in the form of text, graphics, and sound. Trademarks provide rights to the exclusive use of the mark as a representation of the company or individual with prior registration.
Trademarks have no inherent value in themselves but derive protection on the basis of their ability to represent the value in the intangible quality of a company’s or individual’s goodwill. Goodwill comprises reputation, length of effective dealings with the public, good record of service or product support, or other ongoing positive associations with the public. Although goodwill is an intangible entity, it is treated as a tangible asset for purposes of accounting in tax law, contract for sale, and valuation for stock purposes.
Defamation occurs when you say or publish or convey any information that harms a person’s reputation or damages a person’s standing in the community. That person can file a civil suit against you seeking compensation for the suffering caused by the defamation. There are two types of defamation: libel and slander. Generally slander is spoken defamation while written or printed defamation is libel. Of the two, libel is more serious for the simple reason that written or printed messages are permanent and are passed from reader to reader. Written or printed messages are more intentional. The courts generally award higher damages for libel. Consult with an experienced personal injury attorney if you are a victim of defamation. The person whose communication caused harm to your reputation can be made to pay compensation for the harm suffered by you.
The spoken defamation of character is known as slander. When someone speaks about you to a third person or persons and defames you character, then that person can be sued for slander. Victims of slander can file a personal injury claim. Seek the advice of an experienced personal injury lawyer.
Victims of slander can seek compensation for the damages and loss suffered because of the slander. There must be sufficient evidence to support the claim for damages. The victim must demonstrate the slander and the damages and losses suffered as a result of the slander. In a lawsuit seeking compensation for slander, the victim must demonstrate is that the statements of the defendant or defendants are incorrect or false. The statements may be oral or written. The victim must demonstrate the lack of any element of truth in the statements. All this will require the services of an expert – an experienced personal injury lawyer.
If you currently own a business and you have a business attorney that you have on retainer you may want to ask your lawyer if he or she can handle this type of law or you may ask if they know any good intellectual property lawyers that they could refer you to. Intellectual property rights law is very technical and has many confusing facets, intellectual property lawyers will be able to take the head ache out of trademarks, copyrights and patents.
If you do not have a current attorney then you should start your search online or in your own local phone book as local intellectual property lawyers are equipped to help you with the red tape of intellectual property law. You should contact multiple intellectual property lawyers to see which lawyer’s credentials fit within your perimeters. You will need to research each layer before you take a meeting with them to see if they have a background in the sector of law that you need. When you start to meet with each of the intellectual property lawyers on your list you should ask many questions such as:
An international lawyer deals in international law. Amongst international lawyers, there are lawyers who deal in public international law and there are those who deal in private international law. Public international law generally refers to the rules that govern the relationship and dealings between nations. Private international law is a little more complex. It basically involved conflict of laws. As an individual, you may require the services of an international law on many occasions – even immigration. Immigration lawyer