Are you getting the right immigration help?
Many people offer help with immigration services. Unfortunately, not all are authorized or competent to provide real help. Unauthorized practitioners may rip you off, make your case worse, or cause you to incur unnecessary fees.
If you need help filing an application or petition with USCIS, be sure to seek assistance from the right place, and from people that are authorized to help.
AOM is ready to help you. At AOM, we have deep knowledge of immigration law and the socio-political context in which the laws are enacted. We will evaluate your situation and clearly explain your prospects, options and risks. Our practice includes:
- Immigrant or non-immigrant visas;
- Refugee/asylee petitions;
- Adjustment of status;
- Representation in removal proceedings;
- Advance parole or permission;
- Family-based petitions; and
- Employment-based petitions
We offer a free initial consultation and work closely with our clients to develop effective and affordable solutions to your immigration issues.
Legal services company tries to lay claim to WeThePeople.com.
A legal document company that operates at the domain name WeThePeopleUSA.com has lost its attempt to secure the generic domain name WeThePeople.com through UDRP arbitration.
In a case decided at National Arbitration Forum, the panel found by a narrow margin that We The People, L.L.C. didn’t have a trademark in the term “We the People”, but only in the term in addition to a drawing. This is not surprising given that there are many companies with “We the People” trademarks, and it is a generic term which comprises the first three words of the preamble to the United States Constitution.
But because the issue of the domain being identical or confusingly similar to the trademark was a gray area, the panel decided to review if the other two qualifications for winning a UDRP were met: that the registrant has no rights or legitimate interests in the domain and that it was registered in bad faith. In both instances the panel found in the registrant’s favor.
Part of the complainant’s case was based on pay-per-click ads on the domain’s “coming soon” page that related to legal filing services and were competitive to We The People, L.L.C. However, these ads were placed by Network Solutions without the respondent’s knowledge and later removed at his request. Although the panel realized this, the respondent did have to back up his claim and go through the pain of asking Network Solutions to not profit off of his domain name.
The respondent asked for a finding of reverse domain name hijacking but the panel declined:
the Panel’s view is that the Complainant may well have genuinely felt that what it saw as the similarity between the domain name and the word elements of its trademark and the presence of the promotional links on the website justified making the Complaint. In those circumstances, the Panel in the exercise of its discretion does not propose to make a finding of reverse domain name hijacking.
Protection through the federal government is only valid in the United States. If you sell goods and services, or manufacture products in other countries, you may want to register your trademark there. Registration overseas usually must be undertaken on a country-by-country basis. However, under an international agreement called the “Madrid Protocol” you can obtain protection for your mark in multiple countries through filing a single application with a single fee.
Understanding the complex trademark process and its laws can be difficult. Contact Arrington, Oduola-Owoo & Mason (AOM) to assist you in determining whether your trademarks can be registered and protected.
A trade secret is information that has value because it is not generally known and is the subject of efforts to keep it secret. State law protects against disgruntled ex-employees, sabotage by current employees, or simple carelessness about the risk and possible protections of your trade secrets. Protection for trade secrets does not expire, as it does for copyright. As long as the owner makes reasonable efforts to keep the information secret, the information is protected.
Businesses that are required to, or see a commercial advantage in, disclosing information about certain trade secrets, techniques, recipes or methods of production during the development or marketing phase, should consider protecting these rights, perhaps initially by way of a confidentiality agreement. However, it is important to note that it is usually only possible to impose confidentiality obligations in respect of information that is not already in the public domain.
Here are some circumstances where it would be advisable to make use of trade secret protection:
- When the secret is not patentable.
- When the likelihood is high that the information can be kept secret for a considerable period of time.
- When the trade secret is not considered to be of such great value to be deemed worth a patent
- When the secret relates to a manufacturing process rather than to a product, as products would be more likely to be reverse engineered.
When you have applied for a patent and are waiting for the patent to be granted.
Understanding the intellectual property process and its laws can be difficult. Contact Arrington, Oduola-Owoo & Mason (AOM) to assist you in determining whether your business can benefit from trade dress protection.