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Yearly Archives from 2021

What’s Mine Is…Yours? Distinguishing Trade Secrets from Other Forms of IP

Written By Guest Author, Marks Gray Summer Law Clerk Corrine H. Bowden Let’s say you develop a formula, method, or process, build a client list, or other compilation of information at work that derives independent economic value for the company and your employer takes reasonable steps to keep it secret. Who owns it – you or your employer? What if you developed it for technology or equipment owned by your employer? Or if you developed […]

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O-1 Questions: What Articles Qualify as “Scholarly Articles”​?

One of the many possible things you can submit with your O-1 application to show that you are at the top of your field is a scholarly article (or several!) that you have had published. What exactly makes an article “scholarly,” though? What kinds of pieces should you submit? What Should You Submit as a “Scholarly Article” for Your O-1 Visa Application? Generally speaking, qualifying articles include those that have been published in peer-reviewed publications […]

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Tips for Business Owners: Registering Your Company Name as a Trademark – The Importance of Classes

Clients often tell me they just want to “trademark” the name of their company — using trademark as a verb. I explain that the company name is the trademark, and that they need to register the trademark with the United States Patent and Trademark Office (USPTO).  During the trademark application process, the client must tell me what product(s) or service(s) they are providing in commerce using that trademark. Sometimes, the client responds, “I just want […]

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O-1 Questions: What Is Needed to Prove Contributions of Major Significance to Your Field?

If you want to qualify for an O-1 visa, you need to show that you are one of the best in your particular field. One of the ways to do this is to show that you have made major contributions to that field. These contributions must be original, and they can be scientific, scholarly, or business-related. How exactly do you prove these contributions? Typically, the best way to do this is to solicit testimonials and […]

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How Do You Obtain Permission to Use Someone Else’s Original Copyright Protected Materials?

Preparing copyright applications for clients can lead to tough questions, such as, “Does this book only contain your original work? Not original work from a third party?”   I always review the complete, submitted work that is the subject of a copyright application for photographs, artwork, quotes, or graphics. My goal is to identify if any were created by a third party and inserted in the client’s original work.  Sometimes I receive telephone calls from copyright […]

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O-1 Questions: How Can You Show Evidence of Judging Others’​ Work?

In order to qualify for an O-1 visa, it is important to convince USCIS that you are successful and well-respected in your specific field. One accomplishment that can go a long way towards proving this argument is if you have served as a judge over other people’s work. But what kinds of “judging” qualifies? And what can you provide as evidence of judging to prove you actually served as a judge? What Kinds of “Judging” […]

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