Boyer Coffy Enterprises

07/19/2022

Learn how to begin starting your own digital business.

The reason you need know the difference between prison and work, is you have more freedom and less expenses than at work. You have a 8 by 10 cubicle, but at ...

06/30/2022

Need help protecting your digital intellectual property?

Visit our site, fill out the quick and easy form, and we will send it straight to your inbox! Easy as 1-2-3! https://bit.ly/3A8GPww

06/27/2022

Here's a really interesting question that is only going to become more and more relevant as the lines between human intelligence and artificial intelligence become more blurred as technology advances...

Can AI generated art be copyrighted?

In 2018, the issue was first considered when Steven Thaler filed for a copyright on a piece of art designed by an AI algorithm he helped created named Creativity Machine.

On the application, Thaler wrote that the artwork was "autonomously created by a computer algorithm running on a machine” and that Thaler was “seeking to register this computer-generated work as a work-for-hire to the owner of the Creativity Machine.”

After a series of decisions and appeals, Thaler's application was denied by the court, which stated:

“The Court has continued to articulate the nexus between the human mind and creative expression as a prerequisite for copyright protection...The Office is compelled to follow Supreme Court precedent, which makes human authorship an essential element of copyright protection."

"After reviewing the statutory text, judicial precedent, and longstanding Copyright Office practice, the Board again concludes that human authorship is a prerequisite to copyright protection in the United States and that the Work therefore cannot be registered.”

So, there you have it. Human authorship remains a necessary prerequisite in order to file for a copyright, although we would not be surprised to see this issue tested again in the future!



*Quotes and story originally from: https://bit.ly/3OLj9m5

06/20/2022

You're a chef and want to protect the incredible you've spent countless hours perfecting. Is it possible?

First off, cross off as an option. You can't trademark a recipe. Trademarking could be used to help protect your brand or image, or the packaging, but not a recipe itself. It's just not the right tool for the job.

So, let's then consider whether you can your recipe. Copyrights protect original, creative works of authorship, but sadly, recipes rarely fall under this umbrella as they are merely a list of steps and ingredients. There may be some unique examples where recipes are blurred with original creative works of art or writing, such as if the recipe itself is considered a work of art, or perhaps a collection of recipes with original literary commentary on the recipes that makes the collection a unique work of original authorship.

So, what about ? You could perhaps apply for a patent for a specific method of preparing the food, but you would have a difficult time proving novelty, i.e., that the recipe's method has never existed before the filing.

That leaves . Many famous recipes are indeed protected using trade secrets. Think of the original recipe for Coca Cola, or KFC's fried chicken recipe, as an example.

Enforcing a trade secret violation could prove difficult to the average chef trying to protect a recipe however. You would need to have all the contractors preparing the recipe sign non-disclosure agreements, as well as the manufacturers, distributors and anyone else who comes in contact with the original recipe.

This also won't protect anyone who is able to reverse engineer the recipe on their own and using it.

So, it seems there is no perfect solution to protect recipes, but there are certain things you can try depending on your unique situation. Is it worth it? Probably not, but that depends on if it is the recipe for Coca Cola, or your own perfect PB&J sandwich recipe that you came up with.

Figuring out when to spend your time, energy, and money to try to protect an idea can be confusing. That's where we can help. Ask for a free consultation!

06/10/2022

You've come up with a catchy hashtag for your business and you want to protect it...is this possible? Can you protect your hashtag under IP law?

Well, for starters, it is too short of a piece of writing to be protected by copyright. It's not an invention or idea that can be protected by a patent. So, the only form of protection left that could possibly apply here is a trademark.

One question to ask first is, why would you want to protect a hashtag from being used without your consent? Isn't the point of social media to be social?

While hashtags are inherently designed to used and shared socially, there are instances where you may want to have protection, such as in cases where the hashtag has your trademarked business name or slogan for instance.

A trademark here would provide a business with some level of control over the conversations online regarding their brand.

So, yes, it is possible. You can apply to trademark a hashtag. In order to do so, you must provide a good or service to the general public that the hashtag in question is associated with.

Do you have questions about protecting your Intellectual Property that you need help with? Send us a DM with your question! We'd be happy to help!


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06/06/2022

Want to know how you can be confident in launching your online business?

In today's world, being present online is your biggest advantage but it is also one of the trickiest spaces to navigate and ensure you are protecting your intellectual property rights.

If you want to be confident with your digital presence, then this eBook is for you!

Visit our site, fill out the quick and easy form, and we will send it straight to your inbox! Easy as 1-2-3! https://www.boyercoffyenterprises.com/

05/01/2022

Here's a good question we get asked from time to time...

Can I copyright my website?

Yes! You can copyright your website and here's why: A copyright protects works of original authorship, including your website, original writing you posted to it, the graphics and any photographs you may have taken.

In order to be eligible for a copyright your website must:

-be a work of original authorship
-be an original expression of the idea
-be fixed in a tangible medium of expression

So what does a copyright for your website actually cover?

It will only cover the elements you
provide in your application. You must include all of the photos, graphics, writings, and other elements that you include when you submit your copyright form.

It will NOT cover ideas, methods of operation, or procedures. You can copyright the actual design, but not the way you created the design.

Sound a tad confusing? Don't worry if you think so. We understand that IP Law can indeed be confusing and that's why we're here to coach your business through these types of confusing issues.

DM us to claim a free business checkup with us where we'll go over all sorts of useful issues just like this!

04/30/2022

Ok, so if you want to go around referring to yourself as a superhero, no one is going to stop you. BUT...if you were going to try to monetize your new super self, you might run into a few obstacles.

In 1979, Marvel and D.C. Comics decided to jointly file for a trademark for the phrase, "Super Hero". An odd move, but they realized that if they fought each other for ownership of the phrase, they might both lose out.

So how far does the copyright extend?

Their trademark of the term "superhero" applies to books, magazines, movies, TV shows, video games, costumes, toy figures, playing cards, t-shirts, shoes, and even school supplies!

So is there no kryptonite to this seemingly impenetrable wall around the word "superhero" if you wanted to use for your business?

Maybe...

In 2016, Marvel & DC confronted a British author, Graham Jules, over the title of his book, "From Zero to Superhero," a guide for small, start-up business, which had nothing to actually do with any specific superhero characters.

Jules argued before the U.K. Trademark Registry that the word "superhero" was a generic term, and commonly used.

After a 2 year long court battle, Marvel & DC backed down and admitted defeat and Jules was permitted to keep his book title.

Marvel and D.C. continue to defend their trademark vigorously, so don't go into any business venture intending to use the word "superhero" without first consulting with your own intellectual property law super...err I mean attorney!

Need help figuring out an intellectual property law issue for your business? Claim your free coaching consultation with us! Just send us a DM to get started!

04/28/2022

File this one under Things You'd Be Surprised to Learn Are Trademarked.

Did you know that besides being famous for being famous, Paris Hilton has over 20 registered trademarks?

She actually became so well known for her catchphrase, "That's hot," that she decided to apply for a trademark and succeeded!

In fact, she sued Hallmark over the use of her trademarked phrase on a greeting card and eventually settled out of court with them.

So you might be wondering, can I too trademark my own catchphrase just like Paris Hilton did?

The answer? Maybe.

A catchphrase can indeed be trademarked, but only under certain circumstances. The trademark must be for the protection of the phrase's use in connection with a specific product or service.

The role of the trademark in this instance is to identify the source of a product or service that the catchphrase related to.

Merely speaking a catchphrase isn’t by itself an act of commerce, so a trademark won't protect you from someone else just saying your phrase.

What a trademark can protect is your exclusive right to profit from your catchphrase through the sale of goods or services.

Confusing? A little. But that's why we're here to help coach you and your business through confusing issues like this one!

If you need help making sure your intellectual property is properly protected, we can help guide you through the proper steps to take! DM us to get a free consultation!

04/26/2022

Dropping a bit of wisdom from the great Gary Vee. It's like they say, it took every overnight success years to get there. Keep grinding! You'll get there!

04/24/2022

You get a medical checkup every year. You go to the dentist to make sure your teeth are doing well. You do the same with your eyes. But, what abut your business? Have you taken your business in for a checkup lately?

We'd like to offer you a FREE ⚖️ "Legal" Business checkup, absolutely no obligation to you. Here's what you'll get:

-A free 10 page checklist that will outline the legal issues you need to stay on top of when it comes to your business
-A free 45 minute Business Checkup Consultation session
-We'll review your numbers to make sure everything looks in order
-We'll review your marketing to make sure everything is above board
-We'll help you review what's working, and what's not
-We'll help hold you accountable to your own success

➡️ Watch this video to the end for an EXTRA bonus! Then, give us a call, or DM us your contact info, to claim your free business checkup from 2 top tier business attorneys!

04/22/2022

Happy everyone! Take some time to go outside and enjoy nature today! It will do you a WORLD of good!

But, did you know that Earth Day is trademarked by a charitable organization in Canada? Earth Day Canada owns it.

How did they come to own it? From their website:

"These days, Earth Day is increasingly perceived by businesses as a sales opportunity by presenting their products or services as environmentally friendly. To counteract such dubious practices, the ownership of the Earth Day trademark was transferred in 1993 from Earth Day International to Earth Day Canada so that the latter could ensure that Earth Day keeps the essence of its original mission..."

Just think, it all started back in 1969 as an environmental awareness event, and today it is a term that people know world-wide, has a holiday, and has even had giant corporations wage legal battles over it. It's true. The department store Zellers to name one of the several that has gone at it over the trademark with Earth Day Canada previously.

It just goes to show, you never know what in your world might end up becoming something you should have protected under some form of intellectual property law. If you have your own business, it's worth having someone with experience look things over and let you know what you need to protect! DM us for your free Business Coaching consultation!