Intellectual Property Law
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I'm not sure what you mean by "recorded." I made up the name for her. Many of my advertisers are private apartment owners without a web presence. I often give them marketing assistance, such as the kind I have described. This is part of the service for the website. They subscribe for a mere $200 per year, and I build the page for free. My website is through godaddy.com. I have a registered domain. I build and maintain the site myself. The statement at the bottom of every webpage reads, "Content copyright 2013. Uphill Properties, LLC. All rights reserved." I hope this answers your question.
Janice,Thank you for your follow-up. "Making up" a name for someone does not make that name yours. If you made up a jingle, a design, or some other marketing campaign, then that specific intellectual property belongs to you if protected or if so stated under contract. But making up a trade name or a company name belongs to the company who uses it. That name belongs to the company and not to you. While you can sue them for using your content and for using your designs for the webpage, you cannot sue for what they began using as their trademark because that became 'their' property when it became associated with their company name. I agree with you that all other information belongs to you, but not the company name as that is an inherent property right to the company. If you had an express agreement under which it stated that you reserve the right to their name, you could argue that the name was part of marketing and reverts back to you. Otherwise, that is not the case, I am afraid.Good luck.
OK. I just wanted to know my standing. I appreciate the fast and clearly written explanation. Thank you.
Janice,Not a problem and truly glad to help. I appreciate your kind words. Please let me know if there is anything else that I can assist you with. If not, please do not forget to positively rate my answers to you so I can obtain credit for my work. Thank you!
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