Do You Know The Easiest Way to Creating Articles Effortlessly Using Public Domain Methods

August 14th, 2009 at 12:42pm Under copyright infringement

Is article writing for your website daunting and will always be placed at the bottom of your task-list?  People procrastinate mainly because they simply dread researching on the topic and having to consolidate all the information – that is just too time-consuming and taxing.

How you wish if you can simply download an article without worrying about receiving some possible lawyer’s letter about infringement of copyright laws.  Fat hope you think?  Not exactly!  There is a most easy way to create good articles – through the Public Domain.  These are intellectual properties or articles that were penned by authors who have declared that their works are not owned by anyone and hence, can be reused by anybody for any purpose.

Though most authors would prefer to copyright their works, authors of Public Domain articles have waived their rights to their articles and it is openly available for public use.  You can therefore freely use the Public Domain articles to help you rewrite your articles.  You can edit, restructure, rewrite in whichever way you prefer, according to your style.  All the ideas and information are already in place – it’s all a matter of finding the article that carries your preferred subject or topic.

Isn’t this the easiest and most effective solution to all the hassle of having to spend hours gathering information and starting an article from scratch?  Webmasters may just modify the article by adding keywords and phrases related to their site to generate higher ranking for their websites in search engine results.  No webmaster will risk any copyright infringement since the source is Public Domain articles.  Imagine the amount of time saved!

The other strong argument for using Public Domain articles is that you literally save a lot of money.  You can do away with the need to hire and pay writers.  Imagine, if a 500-word article will usually cost you 10 bucks, and if you need hundreds of articles for your website, how much money you can literally save!

Those of you who constantly use newsletter or an e-zine on your websites will find Public Domain articles most beneficial.  You will not have to be dependent on your contributors or pay writers to pen articles.  You may simply copy the articles, reword it here and there and place them in your newsletter and e-zine in the shortest time imaginable.

Potential from Public Domain articles are currently still under-utilized.    Internet-based businesses and websites that aim for high rankings in search engine results will realize the power articles, keywords and keyword phrases can garner.  Worldwide demand for new articles covering new topics and subjects are constantly increasing.  As a result, content writers and number of articles have also risen.

If you are running short of cash, time or is simply not adequate to write articles from fresh, Public Domain articles is the solution.  It is so easy to search for Public Domain articles – as easy as A-B-C.  Select the topic or subject of interest by doing a search on search engines or directories.  Then, read the article.  If you like it, simply copy and paste to a word processing program and edit it from there to suit your preference.  It is just about that!  So, garner the power from the Public Domain and you will have your articles easily; effortlessly!

Piracy in Software industry in Asia

August 14th, 2009 at 06:40am Under copyright infringement

Piracy in Software IndustrySoftware Piracy and Copyright Infringement has long been a plague eating up valuable revenue for the developers in the developing countries.  Countries like Pakistan, India, China, Malaysia, Bangladesh etc have always been center of attention when it came to Piracy. Despite having big population numbers, Software developers have not concentrated on these potential markets, which can be a source of great revenue for them if the markets are utilized properly, and some efforts are invested in eroding software piracy.THE cost of the licensed versions of WindowsXP Professional and OfficeXP Professional combined is higher than what an average Pakistani earns in a whole year  which means the software, so crucial for today’s computing, is unaffordable to a typical Pakistani computer user.The obvious choice, hence, is to use pirated software available on a CD that can be bought anywhere for a mere 25 to 30 rupees. Almost all the home users, and most of the commercial users too, indulge in this crime without giving a thought to the rights of Microsoft, the owner of the intellectual property known as Microsoft Windows, Office and other software.Microsoft though has just started to focus on the Pakistani market, and as such they had jointly organized training session for Federal Investigation Agency to increase the awareness of Copy Right Infringement. It’s a good initiative but unless and until copyright infringement is not given serious consideration on the Legal front, not much is going to change.Country Manager Microsoft Pakistan, Kamal Ahmed, shed light on Microsoft’s commitment to safeguarding interests of the consumers and said, ‘The ability of the government and IT eco-system to create new jobs and a better quality of life through information technology is strongly affected by how they handle piracy.In Pakistan, about twenty software houses are already our certified partners. A “certified partner” is globally recognized and some of them are selling us technologies. This is to ensure that these people are solution developers.Microsoft has much to offer to software house in Pakistan. They have some great solutions and all they need is someone to market them. However, since these people are not using legal software, they get afraid of Microsoft. We are also trying to solve that issue. We have a very attractive offer for the software houses in Pakistan. We will make them Microsoft certified partners, which is a world-recognized status.References:DAWN Group of Newspapers, 2005 http://blogs.zdnet.com/ITFacts/wp-trackback.php?p=6807Dawn News reports.

Are Articles Needed for Google Adsense Cash

August 14th, 2009 at 12:39am Under copyright infringement

There is nothing more rewarding than receiving the check of hard earned money. You must have seen thousands upon thousands of online testimonies of how they ‘got rich’ from Google Adsense and how they make thousands per week. Some of these stories are not entirely false.

The main secret behind making money from Google Adwords/Adsense program is content. There is no shortcut. Content is the first step behind any successful money making website. Of course, there is SEO-ing, but content is what drives the potential customers to your site. How much you are willing to invest will determine how much you will make per month, but it is possible to make money without spending a dime.

First of all, you will need a website. Assuming your content will be purely textual (since Google spiders crawl on text/keywords), you may either get a domain and hosting or choose to post to a blog, or you could sign up for free ad-supported website. It is recommended that if you plan on making money from your website, you ought to get a website with your own domain name, after all, ad supported hosting defeats the purpose of your money making; plus, you want your website to appear as professional and less congested as possible.

Now that you have a website, the next step is getting content for your site, but we’ll get to that at the end of this article.

Now that you have a domain name and a niche, you will have to sign up for the Google Adwords Program. Note that Google Adwords enables you to get paid for advertising and Google Adsense is when you will have to pay for advertising.

Now that you have your domain with efficient hosting, and your Adwords account, you will need to build your site. If you are already a site-creating guru, then you are a step ahead. If not, creating your content site is not purely throwing out HTML pages. Sooner or later, content is going to keep growing and you may either get an efficient content manager or get hired help.

Traffic makes the difference between you making money or you not getting a dime. In order to get traffic, you can either optimize your website or get traffic by spamming. Now, remember that spamming will not get you repeat visitors, and will give your business a very bad reputation, plus, spamming may cost your website not to be listed on search engines, and Google has the right, under the ‘Terms and Conditions’ to revoke your Adwords account. You definitely do not want to start from scratch.

Traffic can come by word of mouth and efficient SEO-ing. SEO is an enormously broad topic that ranges from content, link popularity, link exchanges, keywords, web description, etc., to website rankings and so on. In order to remain on the top of your niche, you will need to always want your customers coming back. In order to keep that traffic flowing, you will need to keep content coming fresh and keeping your site constantly optimized and up to date. You will need to be aware of most common spider crawling techniques and use it to your advantage.

Another most common made mistake in getting website content free and cheap is to copy other websites or repeat the same information (if you have more than one money-making site). This is a bad move! Search engines will see this duplicate content as spam and remove it from searched results. Also, if you copy and paste content that is not yours and/or of public domain you will be infringing copyright. Copyright infringement is a crime.

As far as content goes, you can hire help to write articles or you can conveniently buy articles in bulk. Bulk articles are normally distributed by renowned companies and usually are more cost-efficient. Bulk content is also good if you are thinking of expanding your site. A renowned company that can help you with content and marketing strategies is the Myrdhinn’s Private Vault. There are thousands of articles in different niches and since it’s from a trustworthy company, you can always return for new quality content.

Remember that signing up for Google Adwords is free. If your website gets rejected at first, don’t worry. Just build your site and re-apply. As long as your website is legitimate and is not an ‘about-me’ site, you are more than likely to get approved. Plus, having an Adwords account opens you to the Google community and you can increase your PageRank dramatically.

For more information, please visit:

http://carpediemarticles.com/affiliate

Good luck on your first check!

Copyrights@ Carpediem. This article may be printed in any form , on the guarantee that the article stay the same without any omittances , deletions , alterations or changes throughout this article. This copyright is to stay with this article.

Google Gone Bad?

August 13th, 2009 at 06:39am Under copyright infringement

Recently there has been some talk about Google’s newest addition to their toolbar – AutoLink. So I decided to have a look at their information on it. Google really doesn’t offer much in the way of information about it, so I went to read elsewhere.

As a result, I am pretty sure I know why Google doesn’t offer more than a paragraph’s worth of information on AutoLink. Remember SmartTags?

Microsoft SmartTags added links to your web documents without your knowledge or consent. When released, it turned the Internet upside down. Webmasters were scrambling to figure out what could be done to turn it off; block it from their sites.

Now Google has come out with their very own traffic stealer with AutoLink. AutoLink basically does the same thing SmartTags does, except that it is not built into your operating system. (SmartTags was included in the Windows XP operating system.) It is part of the Googlebar. The only real significance of this difference is that users can choose whether or not to install it.

In my opinion, what this amounts to is copyright infringement. Who gave Microsoft, or Google the right to add links, to other web sites, to my pages? I certainly did not. To my knowledge, copyrighted material is not to be altered by anyone other than the entity holding the copyright, and that includes web pages, under the laws governing intellectual property.

I wrote to Google to tell them my thoughts on the matter, and this was their reply:

Thank you for your feedback regarding the AutoLink feature of the Google Toolbar 3.0 beta. AutoLink is a user-initiated feature of the Google Toolbar. AutoLink links are generated only when a Toolbar user clicks on the AutoLink button on his or her Toolbar. Links aren’t automatically generated on a page, and a Toolbar user must click on the generated links in order to go to a linked page. AutoLink does not modify links that already exist on a page. Finally, Toolbar users choose whether they want to enable or disable this feature and when to use it.

Because Toolbar users choose whether they want to enable or disable features and when to use them, we do not provide a way for webmasters to disable features such as AutoLink and the Popup Blocker on their visitors’ Toolbars.

We appreciate your taking the time to share your feedback about the AutoLink feature, and we’ll keep it in mind as we work to improve our service.

Regards,

The Google Team

What bothers me about this is that it is ‘user initiated.’ That means that as a webmaster, I have no control over what that ‘user’ does while at my site. I have no choice as to whether or not the ‘user’ is going to run off to one of Google’s advertisers, rather than remaining on my page. They don’t alter existing links, but they do add links that I didn’t put there. Again, can you say copyright infringement?

Google certainly doesn’t see it that way. In fact, when I brought it up in my letter to them, they totally ignored it in their response.

Webmasters work hard to get traffic to their pages, so who gave Google the right to steal that hard work? Personally, I expected better of Google.

On a side note, you may want to review Google’s Privacy Policy, if you’re concerned about spyware. See below:

“Your Privacy

Google respects and protects our users’ privacy. Periodically, the Google Toolbar’s auto-update feature will contact our servers to see if you’re running the most current version. In addition, Google may collect information about web pages that you view when you use advanced features such as PageRank, SpellCheck, AutoLink, and WordTranslator. However, these advanced features can be easily disabled or re-enabled at any time by selecting “Privacy Information” under “Help” in the Toolbar’s “Google” menu. To learn more, please read the Toolbar privacy policy.”

Pl Content Club: Your Source of Private Label Articles or Plr Articles

August 13th, 2009 at 12:39am Under copyright infringement

Having a website is only good if there are visitors that are looking for what you have to offer. Nobody want to put a considerable amount of time and effort into building a web site only to let it sit there gathering virtual dust. However, you have to get inside your visitor’s head in order to get traffic to your site. First, you must understand that visitors do not just visit thousands of websites with no reason in mind. They usually click through to sites because they find something interesting that leads them to the site. Something must attract the visitor to your site.

One of the best things that webmasters have discovered to attract visitors is article marketing. This is a way of advertising by providing fresh content for millions of consumers who are surfing the ‘net. If the reader finds the article intriguing and interesting, there is a high chance that the surfer will click through to sites that offer certain services or products that relates to the topic. This is the major reason why article marketing is widely used for search engine optimization or simply site visits. There are many ways to create content for a site and one of the common ways is to hire writers. However, another option for acquiring fresh content that is rapidly gaining in popularity is the use of private label articles.

Private Label Articles are simply articles written by someone else that can be used by webmasters for their site as if the articles are their own work. As a background, some authors want to be recognition for their work. They have copyrights in their written articles and sometimes use them to link to their affiliated site. This type of article is copyrighted and cannot be used by anyone else unless they are legally “borrowed” for other use. In which case, the author’s name and links should be left intact on the article. Failure to legally credit the original author means infringement of copyright and is illegal in all countries. In private label articles, however, there is no copyrights infringement for utilization of the articles. They are articles that can be used by anybody for their websites if they have the license to use them. Simply put, private label articles are written by ghostwriters for reprints and general utilization.

In the online world, private label articles have become quite been popular as there are more and more web sites that take advantage of this way to add content to their site. Instead of hiring writers, they simply purchase these PLR articles, rewrite them if necessary and post them on their site as if it was their own.

Where Can We Get PLR articles?

With the advent of online article marketing, more and more companies are offering PLR articles for webmasters and online businesses. Usually, one needs to spend only a few dollars each month for membership fees in order to get regular PLR articles on various topics. One of the companies that offer PLR articles is PL Content Club. Here, members can get more than 250 articles monthly plus a ton of bonuses such as graphics, pre-configured AdSense sites, related e-books and much more. With the various topics available, one can choose and utilize articles as they find it relevant to their sites. This is good for webmasters who own and develop various websites for different niche markets. Additionally, PL Content Club also delivers PLR Article in specific topics as requested.

Federal Judge Rules in Favor of Mariah Carey!

August 12th, 2009 at 06:39pm Under copyright infringement

One of the most long-drawn battles on copyright infringement that pitched pop diva Mariah Carey into a legal tussle came to a close today, on the September 26, 2007. This case had been ongoing for the last 1 year or so, with singer Rafael Chafir suing Mariah Carey for copying her song “Sexy”, and refining some tunes to make her song, “It’s like that!” Interesting to the naked eye and you would find the imbroglio even more intriguing when you get into the specifics!

Obviously, Sexy was released long before Mariah could come up with It’s like that. Sexy, to common knowledge was released in 2004 and Rafael had the copyrights on the song. She had put up this song on the World Wide Web. And this, according to Rafael, was one source from where Mariah Carey stole her song. She claimed that Mariah had taken some key tunes and chords from the song, and refined it in It’s like that.

Sounds like a valid argument, but when you consider what the ruling judge had to say about the whole story, you would find that there seems to be some kind of disconnect. Kimba Wood, a US District Court Judge, ruled in favor of Mariah stating that there wasn’t enough evidence that Mariah or her collaborators sneaked in to the website and stole the song. But one thing that the Judge pointed out was, Mariah’s tunes were not “strikingly similar” to Sexy, to deduce the case of copyright infringement. And while, Mariah and her collaborators can rejoice for now, but they should know that they were let off, only just!

Clearly, people who had heard Sexy, and It’s like that are quick to point out striking similarities between the two. They clearly feel that It’s like that seems to be a more refined version of Sexy, especially when you consider the tunes and the chorus. Thus, most people who had been following this case closely would say that Raphael was indeed at the receiving end of justice. Some of them have even gone on record to say that it was Mariah’s standing and popularity that allowed her to get away with this. All said and done, this clearly was one episode Mariah could have avoided, had she been a touch careful with her tunes.

Road ahead for Mariah Carey – Well, it never has looked better for the singer. Her next album, The Emancipation of Mimi, is all set to release on the 4th December. From initial previews, it seems to be one heck of an effort from Mariah. By now, Mariah is already an established singer in her genre, and in spite of opposition from Christina Aguiliera and Shania Twain, she still manages to lead the pack.

Mariah fans, like Mariah can breathe easy. But even they too like Mariah know that these kinds of incidents should not be repeated ever after. If it does happen, the otherwise glittering music career of Mariah Carey could definitely come under the copyright hammer.

Clamping Down On The Use Of Trademarks By Third Parties

August 12th, 2009 at 06:39am Under copyright infringement

When Internet users search online for information, they use search engines like Yahoo, Google, and MSN. Because some page owners have paid for some of its links to the search engine websites and the links come up whenever the website owner’s results appear as a search result, there have recently been conflicts between the owners of the trademark and some third parties. Efforts are being made to clamp down and contain the unauthorized utilization and misappropriation of trademarks and other intellectual property items when it comes to Internet search related issues.
J.G. Wentworth v. Peachtree Settlement Funding
In one such trademark conflict, J.S. Wentworth complained that Peachtree Settlement Funding infringed the trademarks JG WENTWORTH and J.G.WENTWORTH. The Defendant had used these trademarks as keywords and had paid to have links appear to its own website “immediately proximate to the link to Plaintiff’s website on the search-results screen” each time a user of the Internet searched the Google engine for “J.G. Wentworth” or “JG Wentworth.”
Because Peachtree Settlement Funding and J.G. Wentworth are competitors in the field of structured settlements, Plaintiff claimed that Defendant had stolen potential customers and diluted the effectiveness of its various trademarks, and that this caused a subtantial profit loss for the plaintiff. Defendant Peachtree moved to have the complaint dismissed.
The court acknowledged two important operative issues:
1. Whether Defendant used the trademark as keywords in the Google AdWords advertising program under the Trademark Act’s “use in commerce.” Owner of a trademark establishes rights through the use of the trademark in public marketplace.
2. Whether the use of the Plaintiff’s trademark infringed trademark rights provided for in the Act because it had a good chance of confusing the consumer.
On whether the trademark was used in commerce, Defendant argued that the trademark’s use was not for the public to see, and was not meant to be associated to Peachtree Settlement Funding, only an analog to the user’s personal response to a trademark. Defendant claimed it was not used in commerce “in connection with the sale of goods or services” to confuse consumers. Disagreeing, the court decided that Defendant’s use of the trademarks as keywords in their Google AdWords links, designed to draw internet users, constituted use in commerce under the Act.
Regarding infringement, however, Defendant argued that using the J.G. WENTWORTH trademarks as keywords was not likely to confuse the consumer. Here the court agreed, and stated “[a]t no point are potential consumers ‘taken by a search engine’ to defendant’s website…the links to defendant’s website always appear as independent and distinct links on the search result pages.” There was also no accusation that the Defendant’s ads and links that used the Plaintiff’s were “in any way discernable to [I]nternet users and potential customers,” and that “[d]ue to the separate and distinct nature of the links created on any of the search results pages in question, potential customers have no opportunity to confuse defendant’s services, goods, advertisements, links or websites for those of plaintiff.” The court then decided that the use of Plaintiff’s trademarks was not trademark infringement under the Trademark Act and the court dismissed the complaint.
The J.G. Wentworth v. Settlement Funding case confirms that it is not copyright infringement to use other companies’ trademarks in their online advertising keywords, in the opinion of this Pennsilvania court. Similar decisions have been made by other courts as well, including California, New York, and Virginia, and the Second Court of Appeals.
However, it’s important also that online advertisers such as Google AdWords and the trademark owners be aware that the issues of trademark infringement on these ads has not been resolved nationwide. Some courts have decided that purchase of a keyword does constitute “use in commerce,” and some have not reached a conclusion regarding the question of likelihood of consumer confusion. Other courts, such as New Jersey, California, Georgia, Minnesota, and the ninth Circuit Court of Appeals, have focused on the facts at trials instead of addressing the issues of use in commerce.
In general, however, the courts seem to side with the advertisers who use the keywords rather than the owners of trademarks, although it may be a while before the issue is fully resolved.

Clamping Down on the Use of Trademarks as Key Words

August 12th, 2009 at 12:39am Under copyright infringement

When Internet users search online for information, they use search engines like Yahoo, Google, and MSN. Because some page owners have paid for some of its links to the search engine websites and the links come up whenever the website owners results appear as a search result, there have recently been conflicts between the owners of trademarks and some third parties. Efforts are being made to clamp down and contain the unauthorized utilization and misappropriation of trademarks and other intellectual property items when it comes to Internet search related issues.
In one such trademark conflict, J.S. Wentworth complained that Peachtree Settlement Funding infringed the trademarks JG WENTWORTH and J.G.WENTWORTH. The Defendant had used these trademarks as keywords and had paid to have links appear to its own website immediately proximate to the link to Plaintiff’s website on the search-results screen each time a user of the Internet searched the Google engine for J.G. Wentworth or JG Wentworth.
Because Peachtree Settlement Funding and J.G. Wentworth are competitors in the field of structured settlements, Plaintiff claimed that Defendant had stolen potential customers and diluted the effectiveness of its various trademarks, and that this caused a subtantial profit loss for the plaintiff. Defendant Peachtree moved to have the complaint dismissed.
The court acknowledged two important operative issues:
1. Whether Defendant used the trademark as keywords in the Google AdWords advertising program under the Trademark Acts use in commerce. Owner of a trademark establishes rights through the use of the trademark in public marketplace.
2. Whether the use of the Plaintiff’s trademark infringed trademark rights provided for in the Act because it had a good chance of confusing the consumer.
On whether the trademark was used in commerce, Defendant argued that the trademarks use was not for the public to see, and was not meant to be associated to Peachtree Settlement Funding, only an analog to the users personal response to a trademark. Defendant claimed it was not used in commerce in connection with the sale of goods or services to confuse consumers. Disagreeing, the court decided that Defendants use of the trademarks as keywords in their Google AdWords links, designed to draw internet users, constituted use in commerce under the Act.
Regarding infringement, however, Defendant argued that using the J.G. WENTWORTH trademarks as keywords was not likely to confuse the consumer. Here the court agreed, and stated [a]t no point are potential consumers taken by a search engine to defendants website…the links to defendants website always appear as independent and distinct links on the search result pages. There was also no accusation that the Defendants ads and links that used the Plaintiffs were in any way discernable to [I]nternet users and potential customers, and that [d]ue to the separate and distinct nature of the links created on any of the search results pages in question, potential customers have no opportunity to confuse defendants services, goods, advertisements, links or websites for those of plaintiff. The court then decided that the use of Plaintiffs trademarks was not trademark infringement under the Trademark Act and the court dismissed the complaint.
The J.G. Wentworth v. Settlement Funding case confirms that it is not copyright infringement to use other companies trademarks in their online advertising keywords, in the opinion of this Pennsilvania court. Similar decisions have been made by other courts as well, including California, New York, and Virginia, and the Second Court of Appeals.
However, its important also that online advertisers such as Google AdWords and the trademark owners be aware that the issues of trademark infringement on these ads has not been resolved nationwide. Some courts have decided that purchase of a keyword does constitute use in commerce, and some have not reached a conclusion regarding the question of likelihood of consumer confusion. Other courts, such as New Jersey, California, Georgia, Minnesota, and the ninth Circuit Court of Appeals, have focused on the facts at trials instead of addressing the issues of use in commerce.
In general, however, the courts seem to side with the advertisers who use the keywords rather than the owners of trademarks, although it may be a while before the issue is fully resolved.

How To Use File Sharing Programs Safely

August 11th, 2009 at 06:39pm Under copyright infringement

File share programs come with some inherent dangers that have nothing to do with the program itself. However, file sharing programs do not protect your computer from what you can pick up from other people on the network that you are connected too. It is your responsibility to protect your computer and yourself from the issues that can arise with downloading files.
There are a few things that you can do to protect yourself while using file sharing programs. The first thing is that adware and spyware are not part of most file sharing programs and if you obtain these types of files after using the program more than likely they were attached to files that you downloaded off the network itself.
There is no filtering system to protect you from this. As a result you should scan all documents prior to opening or moving the files. You should also designate only a single folder for sharing. Keep the rest of your computer private.
Viruses are often common place when downloading on P2P or file share programs. Have a good virus scanner on your computer and use it just as you would use the ad and spyware scanner, prior to opening or installing any files. This can help to protect your computer. Often times you are sharing with multiple individuals and obtaining files from multiple individuals so it may be difficult to let someone know that the file they are providing is corrupted.
You also need to protect yourself from the dangers of copyright infringement. While downloading only a few files is probably not going to get your computer noticed you should still keep in mind that downloading copyright material is prohibited and many file sharing programs have placed a number of features in their program to help you detect and determine if a file is acceptable to download.
Check the license for the files listed under creative commons and public domain are free to share however you like and you do not need to worry about sharing these types of files. There are also licenses that fall under try before you buy and allow you to listen to a song or use a file a certain number of times free of charge. After this number is reached however, further use is in violation of copyright and not condoned by the file sharing program.
Many file sharing programs often go a step further and provides users with a link to the copyright office allowing them to search through the electronic records to make sure that the file or artist you are looking for is safe to download. There are a number of ways that you can use file sharing programs safely and protect yourself as well as your computer while still enjoying the benefits that come from being able to find the files you want quickly and easily.
Remember to check for copyright, most file sharing programs provide a wealth of resources to protect yourself from infringement. Check the files, while many file sharing programs do not place any harmful files on your computer they are not liable for the files you download so be sure to scan all incoming documents and files prior to use.

Six Common Mistakes Under Canadian Trade-mark Law

August 11th, 2009 at 12:39pm Under copyright infringement

As more and more companies are seeking to distinguish their products and services in the marketplace by registering their names, slogans or designs as trade-marks, many companies which do not retain a Canadian lawyer or trade-mark agent often make fundamental mistakes.  Among the most common mistakes are the following.1.    A Company Name is not a Trade-mark.A company name is the legal name under which a company carries on business.  However, unless the company name is used as a trade-mark, it cannot be registered under the Canadian Trade-marks Act.  For example:•    Acme Insurance Ltd. markets life insurance under “Goodlife Insurance”.  “Acme Insurance Ltd.” is the company name, “GoodLife Insurance” the trade-mark.  “Acme Insurance Ltd.” is not used as a trade-mark, “GoodLife Insurance” is.•    Acme Insurance Ltd. markets life insurance under “Acme Life”.  “Acme” is part of its company name, but it is also used as a trade-mark to distinguish its insurance policies from those of other insurance providers.  The important point here is that the registration of a company and the registration a trade-mark are two distinct processes.  Federal and provincial company offices do not search the Trade-marks Office database to determine if a proposed company name is a registered trade-mark; nor does the Trade-marks Office search federal and provincial company offices to determine if a proposed trade-mark is registered as a company name.  The two processes are unrelated, and the trade-mark must be registered separately. 2.    There’s no Requirement to use a Trade-mark before Registering.Many companies believe that they must commence use of their trade-mark before registering it.  In Canada, as in many other countries, trade-marks may be filed on the basis of “intention to use”.  An application which is filed on this basis must specify the products and services that the company intends to use in association with the trade-mark.  Once the application has been filed, the company generally has three (3) years from the date of filing to file a Declaration of Use confirming the use of the trade-mark in association with the specified wares and services.  The Declaration of Use may be filed anytime within the three (3) year period, but must not include any products and services that have not been used in association with the trade-mark.      3.    Search before Using a Trade-mark.It is always advisable to conduct a trade-mark search before commencing use of a trade-mark.  This will ensure that the trade-mark does not infringe another trade-mark and will avoid the wasted expense of such things as advertising and labeling.   A trade-mark search may be conducted through the Canadian Intellectual Property Office Trade-marks database by inserting the trade-mark in the search text box and selecting the appropriate search field.  If the search does not reveal an exact match, a secondary search should be conducted based on such factors as the elements of the trade-mark (where, for example, the trade-mark comprises more than one word), different spellings of the word(s) comprising the trade-mark and the sound of the trade-mark.  This is referred to as a “comprehensive search” and is advisable to ensure that the trade-mark is not confusing with a registered trade-mark and therefore unregistrable.4.    Some Trade-marks are not Registrable.  Not all trade-marks are registrable.  Among the trade-marks that are not registrable under the Canadian Trade-marks Act are:•    trade-marks that are clearly descriptive of the character or quality of the products or services,•    trade-marks that are deceptively misdescriptive of the character or quality of the products or services,•    trade-marks that are clearly descriptive or deceptively misdescriptive of the origin of the products or services, •    trade-marks that are the name of the products or services, and•    trade-marks that are confusing with a registered trade-mark.There are a number of tests which have been developed by the courts which are employed by the Trade-marks Office in determining whether a trade-mark is registrable.  In general terms, however, where an application for registration of a trade-mark falls within one of these categories, the trade-mark will not be registrable.5.    International Classifications Don’t Apply.  Products and services which are used in association with a trade-mark must be described in ordinary commercial terms.  In many countries such as the United States this is done by using International Trade-mark Classes.  The International Trade-mark Classes are categorized into 45 classes, Classes 1-34 relating to products and Classes 35-45 to services.  Canada does not use this system and therefore trade-marks must be described in ordinary commercial terms for Canadian filing purposes.For example, Class 32 refers to “light beverages” which are enumerated as: “beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages”.  For Canadian filing purposes, the wares “non-alcoholic beverages” require further specification, for example carbonated drinks, colas, energy drinks, sports drinks, drinking water, fruit-based soft drinks, fruit juices, hot chocolate, milk, non-dairy soy,  coffee or tea.6.    Copyright may reside in Trade-marks and must be Acquired.Where a trade-mark is in the form of a design, the design will be subject to copyright protection, as well as trade-mark protection.  If a trade-mark owner retains a graphic artist to develop and design a trade-mark, the trade-mark owner should obtain all rights to the design, including the ability to make changes to the design.  This is generally done by means of a simple contract known as an “Assignment”.In Canada, copyright need not be registered as rights to the design arise at the time of creation, which provides the copyright owner with remedies for copyright infringement at common law. These remedies are additional to the remedies that the trade-mark owner will have under the Canadian Trade-marks Act.