The term "SEO" stands for search engine optimization and has been around for a decade. Heck, I've probably been familiar with the term for about nine years. I can't imagine that someone could trademark a term as generic as SEO but that appears to be happening.
Read Brett Trout's blog for this interesting development.
P.S. This just in, Brett Trout to trademark "IOU".
Iowa's first legal blog has moved to its own url at www.blawgit.com and new posts will no longer be available at its former blogger site. Iowa patent attorney Brett Trout has achieved remarkable success with his blog. It is an award winning blog that provides tremendous information on patent, trademark and Internet law.
Brett is also the author of Cyber Law: A Legal Arsenal for Your Online Business. It's a great desk reference that I highly recommend.
Brett also occasionally (I guess often) demonstrates his unique sense of humor. This blog is a real treat and one of the best around so be sure to visit often.
Des Moines attorney Charles Kenville has a great post on the need for lawyers to be mindful of the new media exposure in their cases. Chuck has a criminal law bent to his post but his reminder is just as true for civil cases.
I know from experience that savvy businesses are acutely aware of blogs and other social media in their trial preparation. In particular, Microsoft did a great job a staying in contact with Des Moines patent attorney Brett Trout and I when the Microsoft-Iowa litigation was going full steam. But the plaintiffs were not to be outdone. We routinely received updates from the plaintiffs' public relations team as well.
The bottom line is that lawyers engaging in trial law today ignore blogs and social media at their peril. Learn how to read RSS feeds to stay on top of pretrial publicity. You will be glad you did.
Des Moines Iowa intellectual property attorney Brett Trout is on a panel of experts to discuss the ethical risks of online communications. The program starts at 12:00 p.m. c.s.t. today and runs until 1:30 p.m.
See program outline information here.
If you operate an online business or you are thinking of starting one I recommend you pick up a copy of Cyberlaw: A Legal Arsenal For your Online Business. Written by Iowa intellectual property attorney Brett Trout the book is new and updated with lots more content than his previous version. This book still has the helpful sample agreements and policies, but now covers new topics like document retention policies and social networking. Trout also offers easy how-to’s on avoiding legal pitfalls. The rich content and practical advice is bound to save you costly legal fees down the road.
The great thing about this book is that it is actually written for entrepreneurs - not lawyers. You will appreciate the easy to understand language. If you call Brett directly you might even be able to pick up an autographed copy from Iowa's toughest attorney.
TheDes Moines Business Record features Iowa patent attorney Brett Trout and his foray into Mixed-Martial Arts (MMA) cage fighting. Brett is seeking a cage match against an "attorney to be named later" with all the proceeds going to charity.
So do you have what it takes to get in the ring with this 6'4",250 lbs., intellectual property giant? If so, call Brett to schedule your cage match today.
Iowa patent and intellectual property attorney Brett Trout posted yesterday on the recent ruling from a federal judge that struck down a key part of the Patriot Act. Brett refers to an article from the Associated Press.
It is important to note the judge immediately stayed his ruling so the government could appeal. I will follow this case as it moves forward and provide updates. This is a critical issue for Internet Service Providers.
A nice overview of the ruling and its potential impact is found on Concurring Opinions.
Iowa intellectual property lawyer Brett Trout has a terrific post on IowaBiz illustrating why it is dangerous to steal online contracts. Brett says,
I have seen companies steal terms of use agreements and privacy policies from websites that have nothing to do with their line of business. Not even taking the time to read the contracts, they unwittingly leave in the original company's name, address and preferred jurisdiction. An Iowa company looks pretty awkward explaining to a court why their contract dispute should be tried in Albuquerque.
Terms in contracts are construed against the drafter. If you leave in an ambiguity, the court will read it in favor of the people suing you. That is why lawyers take such care in customizing contracts to your business and its goals.
Sometimes it is almost laughable how many companies copy the terms of use and other online policies of major Web sites. In doing some research for an online auction company I noticed several of the companies I researched had the same online policies. Was it just coincidence the policies were strikingly similar to eBay? Well, I guess if it ain't broke . . .
Even if you use standard terms of use policies and other online policies you will need some customization for your particular business needs. Discuss with your lawyer whether he or she has standards forms that can be customized for your business. Most eCommerce lawyers have such forms. But it is a good practice to avoid directly copying the terms of use and other online policies of other companies.
Iowa intellectual property lawyer Brett Trout offers a trademark law primer today on IowaBiz.com. Brett points out that companies seeking to protect their trademarks should consider federal registration of those marks for valuable trademark protection. He says,
Once you start using your trademark in commerce, you obtain what are known as "common law" trademark rights. Common law trademark rights can be effective in obtaining an injunction or a judgment against someone infringing your trademark, but they do not provide all of the benefits associated with state or federal trademark registration.
Every state provides for both registration and enforcement of trademark rights. While these state protections involve a small cost, they typically offer little more protection than common law rights. Accordingly, most companies opt for either free common law protection or much more valuable federal law protection. Federal trademark registration involves governmental and attorney fees of approximately $1,200 and about an eighteen month wait.
I agree with Brett. Many Iowa businesses fail to register their marks or file the mark only with the Iowa Secretary of State. Federal registration offers several advantages and should be considered.
It is easy to form your new Iowa business entity. For details see my Small Business Package. To get started just fill out the Startup Form and we'll contact you to confirm the information.
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