The proud parents responded by filing their own application to trademark “Blue Ivy.”  Trademark applications specify the class of goods or services for which the requested name is or will be used.  The application for the mark “Blue Ivy Carter”, submitted by BGK Trademark Holdings, LLC, Beyoncé’s company, specified 15 classes for which the trademark would be used, including fragrances & cosmetics, baby products, dvds, cds and audio/visual recordings, bags, mugs, clothes and other merchandise, and entertainment services.  Trademark applications are public records and are available on the USPTO website.

Registration of “Blue Ivy Carter” for two of the selected classes has been rejected on the basis that “Blue Ivy” (without the “Carter”) has already been trademarked as a retail store providing clothing and jewelry.  The trademark for “Blue Ivy” was filed in January, 2011, a year before the famous infant’s birth, by a company called Blue Ivy, LLC.

Real World Application

An individual or company can claim legal ownership to its name or marks without filing a registration with the USPTO to trademark said name or marks.  Common law trademark rights are given to actual users of the mark who make known to the public that said mark is identified with their goods and/or services.  A small TM for trademarks and SM for service marks is placed on the end of the mark to identify a common law claim to ownership.  For example, as you can see in the title of this blog, LegalJunck™ is my common law trademark.  I have not yet registered it with the USPTO, but plan to do so in the near future.  There are numerous benefits to registering a mark with the USPTO, including constructive notice to the world of claim of ownership, legal presumption of ownership, and exclusive right to use the mark, all of which can assist in obtaining damages for infringement.

Names and/or logos can be trademarked before actual use.  “Blue Ivy Carter” is the perfect example.  Although they may have detailed plans for a line of baby goods, clothing, jewelry, etc., Beyoncé and Jay-Z have not yet introduced such goods to the market.  Therefore, they filed an application based on a future intent to use.  Intent to use applications must be followed up with proof of use, otherwise the application is abandoned.

If you use a name, phrase, graphic, image or logo to identify your goods or services, even if you have a small business out of your house, you should make sure you are protecting your marks.  First, begin using a TM after your name or phrase or on your logo or graphic to put the public on notice that you are claiming the rights to that mark.  Next, you should consider filing an application for trademark registration with the USPTO.  As explained above, there are benefits to filing an official trademark registration that will help secure your ownership of the mark(s).  Trademark registrations start at about $350.00.  These days, you can likely find an experienced attorney who can register your marks for a low fee.

trademark search for be the media (Photo credit: cambodia4kidsorg)

Even if you do not plan to file with the USPTO, it is a good idea to search the USPTO to see if your mark has already been registered in a class similar to the goods or services you provide.  (you can search online here )  Just because your mark or a mark similar to yours has been registered does not necessarily preclude you from continuing to use that mark.  Prior registration with the USPTO is only detrimental to your use of the mark if it involves the same or similar goods and/or services.  For example,  the registered trademark “Blue Ivy” for the retail store has not affected the Carter’s registration of “Blue Ivy Carter” for keychains, mugs, books, dvds, entertainment services, etc. In fact, there are many companies that have the same name but provide different services.  A quick search for “Acme” on the USPTO website reveals a variety of uses, including wine, locksmith services, cheese, ice cream, fireworks, and so on.

Your marks are an important part of your business.  They identify your goods and/or services, as well as the reputation and goodwill you have worked so hard to build.  Your marks are valuable, and there may be wrongdoers looking to capitalize on that value.  If you have not taken any action to protect your marks, start today. Now. It could save your business.

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As always, your comments and questions are welcome at legaljunck@gmail.com.

Disclaimer: This post is for information purposes only and should not be construed as legal advice.  Reading this article, commenting or contacting me does not create an attorney/client relationship.  If you require assistance, you should contact a competent attorney licensed to practice law in your jurisdiction.

—-Update—–

When I decided to feature SOPA and PIPA as this month’s blog topic, there was still uncertainty about the future of the bills.  However, while in the process of writing this post, President Obama spoke out against SOPA and promised to veto the legislation if it passed.   As a result of the overwhelming opposition, Representative Eric Cantor(R-VA) announced he will stop all action on SOPA.  As PIPA still remains active in the Senate, and SOPA is technically still in Committee, I decided to continue with this month’s post.

—–End Update—–

Unless you live under a rock or are new to the internet (in which case, welcome! Websites require a toll, so send that check on over), chances are you have heard about the Stop Online Piracy Act (SOPA) and the Protect Intellectual Property Act (PIPA).  The bills have generated much heated discussion on both sides of the issue, and numerous rumors have circulated regarding the bill’s provisions. Amidst all the buzz and confusion, you might not know what to think. Perhaps you do not even understand what the bills say, and I assure you, you are not alone.  So, let’s start by taking a look.

Background

SOPA, known as House Bill 3261, was introduced in the US House of Representatives on October 26, 2011 by Rep. Lamar Smith (R-TX) and 12 additional co-sponsors.  As may be inferred from its name, the Stop Online Piracy Act was designed to combat online piracy.  The bill would authorize United States Attorney General (AG)  and proprietary right holders to obtain a court order against a foreign Internet site targeting the U.S. (e.g. Pirate Bay, WikiLeaks) and displaying pirated content requiring the site to cease and desist its activities.  The court order would also require internet search engines to cease linking to the “infringing site”, prohibit payment network providers (e.g. PayPal) and online advertising networks from providing their services to the “infringing site”, and compel internet service providers to block their subscribers from accessing the “infringing site”.  SOPA contains a provision that holds copyright holders responsible for damages, costs and attorney’s fees if they knowingly misrepresent a site as infringing their content.

SOPA also applies the above provisions regarding withholding services to any site that takes “deliberate actions to avoid confirming a high probability” that its site will be used for copyright infringement.  This section is vague and could theoretically be used against sites such as YouTube where users could post pirated content without YouTube’s consent.

The Motion Picture Association of America (MPAA) and the Recording Industry Association of America (RIAA) have been two of SOPA’s biggest supporters, undoubtedly because it is their members’ content that is being pirated.  GoDaddy initially supported the bill, but renounced its support after customers – including LegalJunck –  transferred over 100,000 domains to other providers.

Some of SOPA’s more vocal opponents include Twitter, Yahoo!, LinkedIn, ebay, Mozilla, the American Civil Liberties Union (ACLU), Wikimedia, the Electronic Frontier Foundation (EFF), AOL, and Human Rights Watch, but SOPA has many, many others not listed here (a recent POPVOX poll had 2% for, 98% against the bill). Wikipedia and Reddit have organized a “blackout”on January 18, 2012, during which many websites will not be available in protest of SOPA and PIPA.  LegalJunck will be participating in the blackout and will not be accessible on the 18th.

Image by Getty Images via @daylife

The Protect Intellectual Property Act (PIPA) is the sister bill to SOPA.  PIPA is also known as Senate Bill 968 and was introduced in the U.S. Senate on May 12, 2011 by Senator Patrick Leahy (D-VT) and 11 cosponsors. PIPA has the same goal as SOPA – to combat online piracy – but a slightly different means of reaching that goal.  PIPA is often referred to as “SOPA lite” because some feel its provisions are less drastic than SOPA’s.  PIPA does not include the requirement that internet search engines cease linking to the “infringing site”.  However, PIPA does prohibit payment network providers and internet advertising providers from doing business with “infringing sites”. Further, PIPA also compels internet service providers in America to block access to the infringing site, like SOPA. And, unlike SOPA, PIPA does not penalize copyright holders who materially misrepresent the infringement of a site. In short, the bills are not exactly the same, but are similar enough to merit the same treatment.

Real World Application

So, what’s the big deal? Now that we have reviewed the legislation, you may be wondering why so many oppose SOPA and PIPA.

SOPA and PIPA have the power to shut down a website for infringing content, or a single infringing link.  Even if another party posted infringing content on your site, without your permission, your site could qualify as an enabler of copyright infringement under SOPA and PIPA.  If the bills were to pass, you may soon find your favorite sites like Facebook, Twitter, YouTube and Yahoo!, sites where millions of users are free to post content, shut down.  Both small and major businesses alike could potentially suffer devastating economic hardship.

Not only do SOPA and PIPA have the power to shut down a site, but in doing so they deny the site owner due process.  “Due process” is one of those legal buzzwords you may have heard before.  It requires U.S. citizens to be given notice and an opportunity to be heard before they are denied of life, liberty or property.  SOPA and PIPA both allow the Attorney General or an owner of infringed content to obtain a court order requiring an internet service provider to block access to a site without offering the site owner a chance to be heard or appeal.

Further, there are numerous copyright infringement laws that have already been enacted.  The Digital Millennium Copyright Act (DMCA) already provides a procedure for copyright holders to request online service providers block access to content that infringes their copyright.  The DMCA is not a perfect law, however, Congress should focus on redrafting it before it creates new and ridiculous laws.  SOPA and PIPA are essentially unnecessary.

Online copyright infringement is certainly a problem and we do need a reasonable solution. But SOPA and PIPA are not the answer.  United States law enforcement has no authority to remove foreign websites that display pirated content, so instead Congress sought to block U.S. citizens from accessing the infringing websites or other sites that supposedly support the infringement.  However, the problem still exists.  That foreign website that you can no longer access is still displaying pirated content.  Copyrights are still being infringed.

Image by ~C4Chaos via Flickr

We need a solution to copyright infringement, but unwarranted internet censorship is not it. Contact your Senators and Representatives and let them know how you feel.

As mentioned previously, you want to be sure to carefully read the Terms of Use or Terms of Service of the cloud service provider before engaging their services, as this is the contract between you and them for your use of their service and their use of your data, photographs, graphics, videos, reports, etc. (your “content”).  The absolute first provision you should look for in the Terms of Service is who owns your data.  If the Terms answer this question with anything other than a resounding “YOU”, do not click to accept the Terms, do not pass go, and most definitely do not sign up for that cloud provider’s service.  There is no reason a cloud provider needs ownership of your content to provide you their service, nor should you be willing to turn over ownership of your creation for anything less than its full value.

Although Terms of Service that assume ownership of your content are rumored to exist, I have yet to come across one.  Thus, it is likely the cloud service provider will acknowledge your ownership in the content you provide.  The following is an example of a data ownership clause recognizing your content ownership:

You retain copyright and any other rights you already hold in Content which you submit, share, upload, post or display on or through, the Service. By submitting, sharing, uploading, posting or displaying the Content you give Google a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, share, upload, post or display on or through the Service for the sole purpose of enabling Google to provide you with the Service in accordance with the Google Docs Privacy Policy.

The above language was taken verbatim from the Terms of Service for Google Docs, Google’s document management service.  This clause is typical of what you should expect to see in a Terms of Service.  You retain any ownership in your content, but license the cloud service provider to use your content for the sole purpose of providing you their service. This is extremely reasonable, and even necessary.  Google Doc’s document management and creation service would be useless if I did not permit Google to store or display my information.

However, the license you grant to the cloud service provider in the Terms of Service should be for the sole purpose of providing you whatever service they offer.  This covers any legitimate use of your content.  Any other purpose involves a misuse of your information.  Consider the Terms below released by Facebook in 2009:

You hereby grant Facebook an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with the Facebook Service or the promotion thereof subject only to your privacy settings or (ii) enable a user to Post, including by offering a Share Link on your website and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with the Facebook Service or the promotion thereof. [emphasis mine]

The underlined portions of the above Terms allows Facebook to use your content for any purpose. In accordance with this provision, Facebook could sell your information, use it in any commercials or ads, or even distribute your photo to everyone, everywhere, at any time, for no reason.

Fortunately, enough Facebook users read this change to the Terms of Service and demanded Facebook rescind the provision.  But imagine if they had not…your Facebook photos might show up in some unwanted places. Thus, reviewing the cloud service provider’s terms regarding your continued ownership of your content as well as their licensed use of your content is essential.

Other terms affecting control of the content you will want to pay particular attention to are:

- advertising. As observed in the Facebook example above, do the terms grant the cloud service provider the right to use your content in their advertising? Can they broadcast to the public you are a promoter of their service without your written permission?

- In what instances will they turn over your data to a third party, including the authorities? Do they require a court order or subpoena for your content first? (note: they should.)

- termination.  If you cease using the cloud provider’s service, there is no reason for the provider to retain your content. Thus, when you terminate the agreement to use their service, 1) you also terminate the license you granted the provider  to use your content, and 2) the provider should delete any content you provided from its servers. Anything else is unacceptable.

Real World Application

We are all guilty of quickly browsing an online Terms of Use or Terms of Service Agreement and clicking “accept” before we have a thorough understanding of each term.  However, to avoid a costly and potentially devastating mistake, always understand 1) who owns your content, and 2) how it can be used, before you agree to anything. Failure to do so could get you in a lot of trouble, especially if your content contains information of your customers, partners, employees or other third parties.  Most Terms of Service Agreements are written in plain English, so hiring an attorney is probably not necessary.  However, don’t be afraid to contact the cloud service provider and ask them to provide an explanation of any ambiguities in writing.

Cloud computing describes data storage, processing or software applications provided over a network by a third party using that party’s remote data center.  There are three general types of cloud services:

1. Software as a Service (SaaS) – software applications are hosted by a third party service provider and provided to customers over a network. (e.g. most CRM software, Google Apps)
2. Platform as a Service (PaaS) – a method of providing an operating system and similar services over a network. (e.g. Google App Engine, newcomer Cloud Foundry)
3. Infrastructure as a Service (IaaS)  - hardware used to support operations, such as storage, servers and networking components provided by a third party over a network (e.g. Amazon Web Services, LegalCloud )

Cloud services have risen in popularity as they are cost effective, innovative, and user-friendly.  Because data is stored on servers maintained at the cloud service provider’s remote location, cloud computing allows the user to save space (both physical and electronic). Consumers unskilled in computer systems and software can avoid the inevitable problem troubleshooting or user error (or, in my case, hours of reading tech manuals) by leaving the technical details to the service provider.   Businesses can scale back their IT costs, or can allocate their IT resources and personnel to other projects. Your data is accessible anywhere you have an internet connection, and from any operating system, including MAC and linux-based systems.  Further, SaaS allows software providers to monitor usage and prevent piracy of their product by controlling who accesses the software.

Although there are many obvious benefits to computing in the cloud, there are also legal risks. Risks of cloud computing include the security and privacy of your data, and the legal ownership and use of your data. This post will focus on security and privacy, legal ownership and use will be analyzed in the next post.

Data stored and used in the cloud are out of your control.  Therefore, it is important to carefully review each cloud service provider before selecting one, and to thoroughly review the terms of the provider’s Service Agreement. A Service Agreement is the contract between you and the cloud service provider that outlines the details of your relationship.  Some providers may deliver a written agreement and require you to sign it, others may just have a “Terms of Use” or “Terms of Service” agreement on their web page that you may accept by checking a box.  Generally these agreements are written in plain English to make it easy for the average consumer to read and understand the terms.  However, if there is something you do not understand, don’t be afraid to ask, and consider contacting your attorney.

The cloud service provider’s Service Agreement will contain standard contract provisions, including a limitation of liability, statement of proprietary rights, license to use the service, warranties (or lack thereof) and will identify the state of governing law, among other things. However, when trusting a provider with the integrity of your data, you should also review the agreement carefully for its security provisions. Specifically, you should consider the following:

• What does the cloud service provider do to protect your data, electronically? What bit encryption is used on data transfer? Is the data stored in an encrypted format? Do they require strong passwords? Do they record and notify you of excessive failed login attempts to your account?
• What does the provider do to protect your data, physically? Where are their servers stored? How many people have access to that room? Do they use keycards, traditional locks, security cameras, etc? are there 24 hour security guards or other round-the-clock protection at the location? A great article by Larry Port describes how the data center at the NAP for the Americas are protected behind seven inch thick walls designed to withstand winds of 155 mph.
• How thoroughly do they screen employees? Are background checks performed?
• Are there NIST or PII  or any other standards that apply to your data? are they followed?
• How does the provider address data breaches? how and when are you notified? (more on breaches in a future post).
• Does the provider take any responsibility should a loss of your data occur? You can expect that some providers will want you to indemnify them should an accidental loss or unavoidable breach occur, but in what situations will they take responsibility what about situations involving negligence on their part, or even reckless or intentional action by an employee? Your data is stored on their servers, under their control – the service provider should be prepared to accept a certain level of responsibility.

Real World Application

When it comes to cloud computing, it is a consumer’s market.  There are many cloud service providers available, many of which are willing to listen to and address your concerns regarding the privacy and security of your data.  Be sure to read the provider’s Service Agreement and don’t be afraid to ask questions. If a cloud provider is not willing to negotiate its terms, keep looking.  You are responsible for your customers’ data, even if stored in the cloud. That data is too important to place in the hands of someone you do not trust.  Ask your business associates for recommendations of reliable cloud service providers.  Think of what you would want to know about the security of a bank in which you were to store money, and realize your data is just as valuable.

Image via Wikipedia

One purpose behind the .xxx TLD is to make the content of pornographic websites immediately obvious by their address. This certainly would have been helpful in my past, like when I tried to visit the website of the president when I was in high school by typing www.whitehouse.com into my browser, only to discover, mortified in front of my classmates, that illustrative and naked acts were performed on the screen in front of me. Had the site been addressed as www.whitehouse.xxx, I wouldn’t have made such a thwarting mistake.

Basically, the .xxx domain will make it easier to ignore such content, for those who wish to, and conversely, those who are searching for visual stimulation only need to step past the curtain into the .xxx section.

During the Sunrise period, current adult industry trademark holders or owners of a current TLD can submit a Sunrise A application to apply for a spot in the .xxx neighborhood. This period began on September 7th, 2011, and concludes on Friday, October 28th.
However, for obvious reasons corporations and other non-members of the adult industry may wish to block their name or trademark from being associated with pornography or other explicit content. For this purpose, ICANN is also offering a registration for those businesses that wish to prevent the use of their trademark in the .xxx domain. These businesses can file a Sunrise B registration for their registered trademark to opt out of the .xxx TLD. A Sunrise B application removes the specified domain from the pool of available domains for .xxx registration, prohibiting members of the adult industry from using the specified domain to host a sexually explicit website, such as www.yourname.xxx.

The Sunrise B registration only applies to the filer’s exact trademark, not any variations or common misspellings. Please note that the applicable period to file a Sunrise B application ends this Friday, October 28th, 2011. You are not required to file a Sunrise B application for your trademark, but if at some point in the future your trademark is used in a .xxx TLD website, protecting your mark could prove more difficult, expensive and time consuming.

If you own a trademark and are considering filing a Sunrise B application for the mark, you must act quickly. You may want to consult with an attorney to address any questions or concerns you may have. The Sunrise B application to block use of a trademark in the .xxx TLD can be accomplished through select Accredited Registrars, listed here: http://www.icmregistry.com/registrars/. The application is quite simple and straightforward, so if you are comfortable with your knowledge of the Sunrise B, hiring an attorney may not be necessary.

The fee for a Sunrise B application ranges from $200.00-300.00 and is nonrefundable. The registration is good for ten (10) years.

Related articles

• The .XXX Sunrise now open at EuroDNS (prweb.com)

Personally, I am a big supporter of open source software as I believe it promotes competition and evolution of ideas by not only allowing, but encouraging others to improve and expand a product. While I am not a programmer and am therefore unlikely to make any modifications to the source code, open source software provides a viable alternative to mainstream software products. I first began to use Ubuntu (an open source operating system) on an old restored desktop CPU because I did not want to spend almost $200.00 for Windows™ on a rarely used home project computer. However, I was instantly impressed with the customization and improvements available with Ubuntu (Note: A new version of Ubuntu will be released later this week, April 28th.)

Use of a traditional software product is usually dependent on the execution of a license and payment of a fee. However, many people make the mistake of thinking that because the source code is available to users (sometimes free of charge), a license agreement is not necessary. On the contrary, a license agreement is essential in the use of open source software to define the rights of the user.

Real World Application

If you are a programmer developing an open source product, consult an attorney regarding a license agreement for your product users. Among other things, the license should address:

- what, if any, is the fee for use of the product;

- for a true open source product, the agreement should state that the user is free to modify the source code, and if any products are published from those modifications, the code must also be published;

- whether distributive products may be distributed, and if so, any rights or restrictions on distribution (i.e. product name, accompanying notices, approval, or at least receipt, by original creator);

- copyright (or, “copyleft”) or other ownership rights to the product and any modifications or derivative products;

- limitations on use of the product (e.g. some products are only for private, personal use, i.e. non-business purposes);

- any restrictions (e.g. format)

- patent license;

- other important contract language including termination (and rights upon termination), warranty, limitation of liability.

The GNU General Public License is a standard free software license that addresses many of these issues. Unlike some other open source agreements, the General Public License requires that all publicly released modified versions of the software be free software (note: “free” does not refer to the price, it refers to the freedom to modify or improve). If you have a software product you are considering distributing, contact an attorney to decide if the General Public License is right for you.

Facts

Advanced Systems Concepts (“Advanced Systems”) brought suit in the district court for the central district of California against a direct competitor, Network Automation.  Advanced Systems provides a task scheduling and management software.  In 2001, Advanced Systems registered the name of its product, ActiveBatch, for trademark protection.  Network Automation’s software, AutoMate, performs substantially the same functions as ActiveBatch.  Network Automation purchased “ActiveBatch” as a Google Adword search engine keyword, producing advertisements for Network Automation’s website when internet users entered “ActiveBatch” in search engines.

Trademark infringement lawsuits brought under the Lanham Act (the law governing the use of trademarks found here) require the plaintiff to prove it has a protectable interest in the mark and that the defendant’s use of the mark is likely to cause confusion to consumers.  As proving a protectable interest can be fairly straightforward, infringement usually hinges upon the likelihood of consumer confusion.

Consumer Confusion

In a previous case the Ninth Circuit Court of Appeals developed eight factors for determining consumer confusion (AMF v. Sleekcraft Boats, 599 F.2d 341 (1979)) in trademark infringement suits:

1)  strength of mark.  The strength of a mark depends on how easily a consumer can relate the name to the product or service to which it correlates.  Here,  the court found “ActiveBatch” was a unique name associated with the product, and that consumers who entered the name in a search engine were likely looking for this product in particular.

2)  proximity of the goods.  This factor looks at whether the two products or services are similar in use and fashion, whether they are in the same class.  Here, Advanced Systems and Network Automation’s products are very similar, as both provide management and scheduling software.

3)  similarity of the marks.  Similarity of the marks is tested by the sight, sound and meaning, as they are portrayed to consumers.  However, a consumer does not receive the sight, sound and meaning of a mark thought an internet search as s/he would in the marketplace.  Therefore, this factor is not significant for either side.

4)  evidence of actual confusion.  This factor looks at whether actual consumers were indeed confused by the use of the mark.  Here, the court found there was no evidence in support of or against actual confusion.

5)  marketing channels used.  The methods of marketing the products or services are analyzed for any confusion.  Here, almost all companies engage in some form of advertising on the internet.  Therefore, this factor is not given much weight.

6)  type of goods & degree of care exercised by purchaser.  A low degree of care exercised by purchaser results in a higher likelihood of confusion.  Here, the ninth circuit found the product is a business management software, likely searched for by sophisticated consumers who are familiar with the nature of internet searches and sponsored links.

7)  defendant’s intent in selecting the mark.  This factor looks at whether the defendant intended to actually mislead consumers, or whether it just intended to provide a comparison of the products.  Here, the ninth circuit determined that the district court did not conclude whether Network Automation intended to deceive consumers.

8)  likelihood of expansion of product lines.  Whether a business is likely to expand its product line to compete with the other supports a finding of infringement.  However, this factor is irrelevant where, as here, the parties are direct competitors.

After reviewing the eight factors, the ninth circuit reversed the injunction granted by the district court and remanded for further proceedings.

Real Life Application

Consumer confusion is not as obvious in internet keyword search cases as it may be in its marketplace application.  In these cases, intent can be difficult to prove, as can actual confusion.  When a keyword search results in a list of multiple applicable links which the consumer is free to review, analyze and visit, the likelihood of actual confusion is reduced.  Free markets, such as ours, foster competition and encourage product and service providers to higher quality, more affordable product or service.  A mere comparison between two competing products is not only allowed, but is also expected, in order to provide consumers with the necessary information to freely choose the product right for them.  This is why it is not uncommon to see a company’s advertisement that features the name or design of a direct competitor.  If you are considering using a competitor’s trademark in your advertisement, website, or other marketing materials, you should consult a lawyer to make sure you don’t end up infringing your competitor’s intellectual property rights and find yourself on the receiving end of a lawsuit.