Benjamin Appelbaum, Attorney at Law

March 2019 Archives

Copyright applications need approval before filing suit

New Jersey copyright owners may be interested in a recent decision made by the U.S. Supreme Court. The decision will affect when work needs to be registered with the United States Copyright Office if the filer wants to enforce their rights as an owner. A copyright owner has to have their work registered with this office if they want to file litigation. This underscores the importance of filing copyright applications as soon as possible.

How IP law can protect composers

When a composer creates a piece of music, intellectual property laws protect their ability to control when and where their work is performed. This means that a composer has the right to decide if their music can be played, whether the venue is a large stadium in New Jersey or a small concert in New Orleans. This legal standard helps maintain the integrity of creative work.

Protecting New Jersey trademarks

The importance of protecting trademarks was emphasized recently when a lawsuit was filed in federal court regarding ownership of the Craftsman tool line. Sears previously sold Craftsman tools and owned the rights to its iconic name. However, that all changed when Sears began to struggle financially prior to its bankruptcy filing. According to a recent news report, Stanley Black & Decker acquired the Craftsman brand in March 2017, for which it paid Sears approximately $900 million.

Protecting a trademark

Businessmen of New Jersey may be aware that the business landscape is a vibrant ecosystem with millions of new businesses budding every year. However, what they may not be aware of is that more businesses showing up means that there is a commensurate rise in trademarks: In comparison to the year preceding it, the year of 2017 saw a rise of 30 percent in the number of trademark applications filed, or about 9.11 million applications in total for that year. This ever-growing number of trademarks means that lawyers and brand strategists need to work harder than ever to protect their brand.

Benjamin Appelbaum, Attorney at Law - Intellectual Property

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Flanders, NJ 07836

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