Posts by Lloyd & Mousilli

A Uniform Domain Name Dispute Resolution Policy (UDRP) is a process used to resolve disputes over domain names, often involving claims of cybersquatting, where a domain name may infringe on trademarks. If you receive a UDRP complaint or a cybersquatting claim, it's essential to understand your rights and options. As the domain name holder, you have the opportunity to defend your registration by providing evidence and arguments that demonstrate your legitimate interest in the domain name and prove that it was not registered in bad faith.

Lloyd & Mousilli, a boutique law firm specializing in IP litigation, offers expert guidance to help you navigate this complex process. Our experienced IP team will support you through every step, from preparing a robust defense to presenting your case before the arbitration panel. With our deep understanding of UDRP proceedings and a commitment to protecting your online assets, we ensure your interests are vigorously defended.

How to Work with Us

1. Book a free intake call at lloydmousilli.com/calendar.
2. Provide details and context about your business.
3. Sign electronic engagement letters and make flat fee payments.

Lloyd & Mousilli IP Litigation Team

Lloyd & Mousilli's IP practice features seasoned legal counsel with hands-on experience in IP litigation. In addition to their impressive backgrounds at companies like Apple, Dell, and the USPTO, the team has successfully defended against UDRP complaints from major software enterprise companies. The Lloyd & Mousilli team stands out by focusing on securing strategic protection in a cost-effective manner.

About Lloyd & Mousilli

Lloyd & Mousilli is a boutique law firm specializing in intellectual property, technology law, and related litigation. Since its founding over a decade ago, headquartered in Houston, Texas, Lloyd & Mousilli has been dedicated to the strategic use of intellectual property, providing counsel to businesses ranging from startups to large enterprises.

FOR IMMEDIATE RELEASE

Houston, TX - August 23, 2024 – Many online copyright service providers may seem appealing at first glance, especially if you don't look deeper. A quick search for “file copyright application” will reveal sponsored ads for online services that promise a fast, easy, and budget-friendly DIY approach to copyright filings. However, these services may not be the best choice for startups or individuals focused on long-term growth. Strategic, attorney-led copyright applications can still be efficient and are often more beneficial in the long run.

As a boutique law firm specializing in trademarks, copyrights, and patents, Lloyd & Mousilli’s IP practice is designed with efficiency at its core.

How to Work with Us

1. Book a free intake call at lloydmousilli.com/calendar.
2. Provide details and context about your business.
3. Sign electronic engagement letters and make flat fee payments.

Lloyd & Mousilli Copyright Team

Lloyd & Mousilli's copyright practice features seasoned legal counsel with hands-on experience in startups and small businesses. In addition to their impressive backgrounds at companies like Apple, Dell, and the USPTO, it's also important to note that they are small business owners themselves. The Lloyd & Mousilli team stands out by focusing on securing strategic protection in a cost-effective way.

Copyright Services Provided

• U.S. and International Copyright Applications
• Responses to Copyright Office Correspondence
• Copyright Licensing
• Copyright Infringement Monitoring
• Copyright Demand Letters
• Copyright Litigation

From IP strategy discussions before your brand launches to enforcing your copyright registration in court, Lloyd & Mousilli specializes in supporting startups through the entire IP lifecycle.

About Lloyd & Mousilli

Lloyd & Mousilli is a boutique law firm specializing in intellectual property, technology law, and related litigation. Since its founding over a decade ago in Houston, Texas, Lloyd & Mousilli has championed the strategic use of intellectual property, counseling businesses from new startups to large enterprises.

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Is this photo really free?

School children, college students, and professionals alike have all turned to the internet to find “just the right image” for a project or presentation at one time or another. With tens of thousands of options to choose from, it can be tempting to simply screenshot the one that stands out the most and be on our way…however as one of our recent clients discovered – that can have pretty stressful consequences.

Legitimate Claims

A recent client of Lloyd & Mousilli’s contacted our firm after receiving what at first, she thought was scam correspondence from a copyright enforcement company. The correspondence related to her use of a “stock” image as part of a senior project from her university days…it appeared the owner of the photography she captured from an internet search had hired an enforcement agency to make demand and collect for the unlicensed use of his work. After receiving multiple communications from them, she sought out our counsel for peace of mind that “this was really nothing to worry about.”

Unfortunately for her, after a review, we determined that these were valid infringement claims on behalf of the original photographer. The images had been taken from an internet search and were clearly marked as registered copyrights. Just because an image can be found, does not mean it should be reproduced, even for non-commercial use, such as a school project.

What is a stock photo?

Stock photos, while generally available on the internet, are still pay to use creative works. The fees are typically determined based on type and duration of the intended use. For example, you might wish to run an artist’s photo as the heading on a particular issue of your newsletter and that would come with a fixed cost. If you then decided you also wanted to use the image on your website, it would require another negotiation and payment. All use is considered different and must be contemplated for and agreed to avoid infringement allegations.

What is a royalty free photo?

Royalty free photos typically come from a specific database where a one-time price is paid, and the image is then yours to use however you would like for as long as you would like. When using a royalty free image, there is no residual cost if you decide to increase or vary the way you are utilizing the photo in your projects or presentations.

Exclusivity

The upside to using stock photography lies in the restrictions on their use. If you are planning a marketing campaign and wish to use a specific image – you can negotiate different rates to exclusive use of that image within your geographic area or industry. Before purchasing, you can often ask the agency who else is using the image and for what duration and purpose. This can help avoid duplicative branding, which can hurt the campaign due to confusion even if it’s lawful.

Understanding Photograph Ownership

Before clicking, screenshotting, editing, copying or in any way using a photograph on the internet it is a worthwhile endeavor to figure out who it belongs to. The internet and social media have made circulation and virality of creative work easier than ever before – but with that comes risk. Creators want to maintain control of the work and often may not seek enforcement until much later when potential infringement comes to their attention. This means that just because you may have escaped detection for now, doesn’t mean their may not be artists out their with legitimate claims against you, such as our recent client described above.

Intellectual Property as a Strategy

No matter which side of a copyright controversy you may find yourself, Lloyd & Mousilli prides itself in finding the best resolution possible. It is much easier to proactively make sound decisions such as verifying the owners of creative work before putting it into use or procuring the proper licenses to images.

Already accused of infringement?

If you have already received a cease and desist and demand for damages related to improper use of images– do not delay in reaching out to an intellectual property attorney. The potential damages continue to increase in connection with the length of improper use. In the event you have been wrongfully accused, you will need representation to defend the claims as well. As stated above, these are often legitimate claims and they will not go away on their own.

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Texas has seen an influx of tech giants moving in from outside states, especially over the past year. With affordable real estate and business-friendly tax laws, the Lone Star State, already home to major corporations such as Dell, has become an attractive and lucrative place for HP, Oracle, and Tesla – and new technology startups – to now call home.

Houston, frequently named a top metropolitan area in the country for cultural diversity (by its own Rice University), is itself rich with opportunity for technology companies. Naturally, every business attracts customers with a product or service that provides a distinct benefit or feature – often legally protected from competition by patenting a design or unique mechanism.

Creating and registering a patent is a skill in and of itself. Without the proper knowledge, it can be costly. The U.S. Patent and Trademark Office receives over 650,000 patent applications every year, only 300,000+ of which are granted registration. To stand out from the more than 50% that are rejected, the most effective way is to have business-oriented legal counsel at your service.

Lloyd & Mousilli’s patent lawyers in Houston are the attorneys of choice for early-stage startups and technology companies. They have served as mentors and advisors to startups from Rice Ventures, one of Rice University’s incubators.

Lloyd & Mousilli’s legal services, drawing from their wealth of international Fortune 500 business law experience, help clients to efficiently develop a patent strategy that not only results in successful registration but also gives them a competitive IP portfolio that places their products ahead in the marketplace.

The firm’s Managing Partner, Feras Mousilli, has previously served as in-house counsel at Apple & Dell. His expertise is in product development and intellectual property matters – with a commitment to putting the business’s success first, a guiding principle of the firm’s work.

Assisting startups in every stage of the process, from conception to enforcement (and also preparing for litigation), Lloyd & Mousilli patent lawyers emphasize looking at all of the following aspects:

What is a provisional patent application filing?

A provisional patent application establishes an early filing date with the USPTO for your invention. While a provisional patent application alone is not a registered patent, it allows you to start marketing your invention as “Patent Pending” right away. (In the United States, commercially-sold products are legally required to denote their associated registered patents.)

After a provisional application, a regular (non-provisional) patent application must be filed within 12 months – a period which cannot be extended.

What is a design patent?

A design patent protects the unique shape, look and form of a product. If this ornamental design is distinct enough, it is eligible for design patent protection. Design patents are often used in consumer electronic products.

Currently, design patents are granted for 15 years from the date of issuance, and are not subject to maintenance fees.

What is a utility patent?

A utility patent protects the functionality of a product. Eligible inventions solve a common consumer problem in a unique, novel way, and in a manner that is practically useful.

Utility patents tend to provide a broader scope of protection. Unique mechanisms and functions are the fields of technology IP where protection is in the most demand.

Currently, utility patents are granted for 20 years from the date of issuance, and are subject to periodic maintenance fees.

“Intellectual Property is a complex, and frankly intimidating area of law. It is our privilege to assist our clients in navigating legitimate claims from fraud, and creating a strategy to move forward with,” says Managing Partner Feras Mousilli. Dr. Mousilli is a recipient of the Fulbright Scholar award, and is a visiting professor of law in Europe teaching intellectual property and technology law.

Whether you’re just considering patent registration, or you are looking to optimize your existing patent portfolio, it is a must to get the right legal partner for your team before you make any mistakes. Lloyd & Mousilli is known for securing favorable terms for its clients in an efficient manner, and at rates that are sensible for startups and small-medium businesses – “without Big Law fees.”

Contact Lloyd & Mousilli

For entrepreneurs who want to grow their business using patents, Lloyd & Mousilli Houston patent lawyers offer free consultations. Clients can book an appointment online at lloydmousilli.com, or by calling (512) 609-0059.

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New Options for Holding Copyright Infringers Accountable

Creatives of all kinds whether they are photographers, authors, designers, or even software developers have most likely all felt the sting of seeing their content copied without permission. The years of work and capital investment that goes into developing creative works often carries both a professional and personal investment for creators which makes the notion of having that investment wrongly copied incredibly stressful. Historically, the path to holding copyright infringers accountable in the United States has been out of reach for most creators, especially those just starting out. Luckily, the US has recently made changes to bring about a more accessible means of copyright enforcement.

The Copyright Alternative in Small-Claims Enforcement (CASE) Act

As part of the Consolidated Appropriations Act 2021 signed into law on December 27, 2020 – a much needed reform was implemented in the United States Copyright system. The Copyright Alternative in Small-Claims Enforcement (CASE) Act establishes a copyright small claims system that allows copyright creators to take action against infringers that arises out of Section 106 of the Copyright Act on a smaller scale than filing lawsuits in federal court.

Traditionally, all copyright enforcement actions have needed to be in the form of lawsuits in federal court. Federal litigation is a lengthy and expensive process – which for many smaller scale creators is simply out of reach. The vast majority of copyright infringement cases in the United States are of relatively low monetary value – which sadly means that many copyright creators have been left without a realistic enforcement remedy.

Copyright infringement remains a federal cause of action and copyright owners will still be able to pursue cases in the federal court system, but the tribunal established by the CASE act is intended for those that cannot take on that expense. For instance, it may be an avenue when seeking relatively small licensing fees regarding creative work for photographers, graphic designers, and the like.

The New Copyright Claims Board

Creators will now be able to bring their infringement claims before a Copyright Claims Board within the US Copyright Office – a three-member panel of experts in copyright law. The Copyright Claims Board has similar authority to a traditional small claims court in that they may oversee a discovery process, conduct hearings, and award monetary and non-monetary relief as appropriate. This panel would be able to award creators up to $15,000 per work and $30,000 per claim, assuming the creators had registered their work with the office. In the event their work had not been registered, the recovery limits are cut in half at $7,500 and $15,000 respectively. With a copyright registration being a relatively inexpensive and quick process – it is a no brainer that creators should be seeking official registration of all their work. You can learn more about the Copyright Registration process here.

For Legal Professsionals

For legal professionals, it is important to note that while the Copyright Claims Board will be based in the Washington DC, the CASE act dictates that the governing law for each dispute shall be the federal jurisdiction under which the claim would usually have been brought. Secondly, board decisions will not be precedential. The board is also not allowed to consider whether the infringement was willful as a federal court usually would. Additionally, while attorneys’ fees are recoverable under the Copyright Act, the Board may not award attorneys’ fees except in the case of bad faith conduct—in which case, any fee award may not exceed $5,000, absent extraordinary circumstances, such as where a party has engaged in a pattern of bad faith conduct. For these reasons, each copyright claim will still need to be evaluated individually to determine whether the new small claims process or a traditional federal action is best suited for a creators situation.

Beyond the monetary penalties, the board will also be able to send the infringing party a notice to cease the infringing activity.

Potential Risks of the New Small Claims Process

It is important to recognize that parties can opt-out of this new small claims process—once a claim is filed, the accused has 60 days to reject the small claims process, which would force the action to be heard in federal court instead. Decisions of the Claims Board may also be appealed on a limited basis to federal court.

The CASE act also touches on the reality that copyright trolls will likely attempt to take advantage of the new lower cost bar by filing frivolous claims. In an effort to limit this, if a party is found to have brought a claim to the Copyright Claims Board in bad faith more than once in a 12-month period, they will be barred from bringing another claim before the board for an additional 12 months.

While the new small claims process is intended to be an easier bar to entry there is still legal strategy involved to determine whether it is the best route for you, navigating the claim process, and understanding the risk that it may ultimately end up in federal court based on removal by the other party.

Next Steps

Intellectual property rights are only as valuable as owner’s efforts to enforce them. While copyright protection is established upon creation – the remedies to infringement increase significantly, including those mentioned here if a creator’s copyright is registered. If you have reason to believe that your creative work is being copied by an unauthorized party – you can schedule a consultation here to begin the process of having your claim evaluated to see if this new process is a suitable option in our situation.

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