A mark is any word, name, symbol, or design that identifies a product or service. A trademark identifies a product (for example, Coca-Cola). A service mark identifies a service (for example, Holiday Inn). One can be an owner of a trademark or service mark, whether or not it is registered. This is common law protection. Registration is proof of ownership and makes ownership rights easier to enforce. The basic question in lawsuits over marks is whether or not the general public is likely to be confused as to the origin of the service or product.
A copyright is the exclusive right given by federal statute to the creator of a literary or an artistic work to use, reproduce, and display the work. The creator of the work has a limited monopoly on the work and can, with some exceptions, prohibit others from copying or displaying the work. Copyright law protects such works as writing, music, artwork, and computer programs. A copyright gives one the exclusive right to use or reproduce a literary, artistic, dramatic, audiovisual or musical work, or a computer program for the creator's life plus 50 years. A copyright is obtained simply by creating the work. It comes into existence automatically on the dated it is created.
Trade names are names associated with a business and its reputation. Business names are not by themselves a trademark. The name that a business uses to identify itself is called a "trade name."
Intellectual property is a property right that can be protected under federal and state law, including copyrightable works, ideas, discoveries, and inventions. The term intellectual property relates to intangible property such as patents, trademarks, copyrights, and trade secrets.
A nonexclusive license is, in effect, an agreement by the licensor not to sue the licensee for infringement of the intellectual property rights being transferred. Such nonexclusive license is also normally not transferable by assignment to any other party by the licensee and, unless otherwise expressly provided for in the agreement.
New Jersey Assignment of Intellectual Property and License Agreement Regarding Prior Business is a legal document that outlines the transfer of intellectual property rights from one party to another within the state of New Jersey. This agreement also grants a license to use the transferred intellectual property for specified purposes. Keywords: New Jersey, assignment, intellectual property, license agreement, prior business. There are several types of New Jersey Assignment of Intellectual Property and License Agreements Regarding Prior Business, including: 1. General Assignment of Intellectual Property: This agreement involves the transfer of all intellectual property rights from the assignor to the assignee. It includes patents, trademarks, copyrights, trade secrets, and other proprietary rights. 2. Partial Assignment of Intellectual Property: In this agreement, only specific intellectual property rights are transferred from the assignor to the assignee. This can be limited to certain trademarks, copyrights, or patents, depending on the needs of both parties. 3. Exclusive License Agreement: This type of agreement grants the assignee exclusive rights to use the assigned intellectual property. It prohibits the assignor from licensing the same property to other parties during the specified timeframe. 4. Non-exclusive License Agreement: Unlike an exclusive license agreement, this arrangement allows the assignor to grant licenses to other parties while granting the assignee non-exclusive usage rights for the intellectual property. 5. Non-commercial License Agreement: This agreement specifies that the assigned intellectual property can only be used for non-commercial purposes, such as educational or personal use. It prohibits any commercial exploitation of the property by the assignee. 6. Commercial License Agreement: In contrast to the non-commercial license agreement, a commercial license agreement enables the assignee to utilize the assigned intellectual property for commercial purposes. This includes manufacturing, selling, or distributing products or services related to the assigned property. 7. License Agreement Regarding Prior Business: This specific type of assignment and license agreement is designed for situations where the intellectual property relates to a previous business venture or undertaking. It allows the assignee to use the assigned intellectual property in a manner that aligns with the operations of the prior business. In conclusion, the New Jersey Assignment of Intellectual Property and License Agreement Regarding Prior Business is a legal document that facilitates the transfer of intellectual property and grants the assignee the rights to use the assigned property. There are several types of agreements available depending on the nature of the intellectual property and the specific requirements of the involved parties.
