Biana Borukhovich Esq The Law Office of Biana Borukhovich, PLLC covers a full range of legal services in New York. We focus in on each individual issue on a microscopic level and value every client as if they were a part of our family. We are dedicated to diligently representing our clients and look forward to helping you solve your legal issues.Our goal is to provide the best legal representation available at a reasonable and fair cost to our clients.
1460 Broadway new york NY
New York , 1460 Broadway new york NY 10036 New York
Biana Borukhovich Esq
I worked with Biana Borukhovich on a sensitive matter when it came to creating the last will and testament, power of attorney and a health proxy for my ailing mother. Biana was very sensitive to the personal element of these things, was compassionate and made my mom and me feel very comfortable with the whole process. She simplified the legal language into context we could all understand and made it easy to get the documents executed. Highly recommend working with her! Searching for the RIGHT lawyer was pretty stressful for me– Such high fees just to see if they would be the right fit for my business was hard as a start-up business. I was not sure what was the best place to start and I needed someone with the patience to listen and help me formulate the best plan for my business needs. Biana has exceeded my expectations far beyond my imagination. She is incredibly diligent, on top of her game and her prices as so fair. Biana has taken my business to a new level!! My firm retained Biana Boukhovich’s law firm to do a trademark filing for one of our products. Prior to hiring her, my partner and I met with several attorneys but each firm had some flaw or the other, either too aggressive, too expensive, too nice etc. Biana was very knowledgeable, straightforward and extremely patient. Her fees are fair and she is extremely diligent. Since hiring her office, she has gone above and beyond her stipulated contract to help us fine tune our Trademark. I am usually very selective in who I recommend but Biana is one of the few professionals I would have no hesitation endorsing.
Rating: 5 / 5 stars

What is the difference between Trademarks, Copyrights and Patents?

The three forms of Intellectual Property protection, which are Trademarks Copyrights and Patents, usually protect completely different aspects of a design, brand and overall creation. This article will discuss the foregoing differences.

Federal Statute 15 U.S.C. § 1127 defines a trademark as, “any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods.” Hence, any brand name, logo or color, which is used as an identity marker of a service or product, is a trademark. For example, the marks Prada, Sony and Ikea are all trademarks because they are distinctive marks that are used as brand names. Some companies may encompass several different trademarks. For example, the company Tiffany’s has two identities for which it obtained a trademark, the actual word Tiffany’s and its baby blue color that is used for all their packaging. Furthermore, the mark Chanel also has several trademarks such as the actual word Chanel and its double C logo.

On the contrary, the U.S. Copyright Office defines a Copyright as “A form of protection provided by the laws of the United States for “original works of authorship”, including literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural, and audiovisual creations. “Copyright” literally means the right to copy but has come to mean that body of exclusive rights granted by law to copyright owners for protection of their work. Copyright protection does not extend to any idea, procedure, process, system, title, principle, or discovery. Similarly, names, titles, short phrases, slogans, familiar symbols, mere variations of typographic ornamentation, lettering, coloring, and listings of contents or ingredients are not subject to copyright.” Hence, books, movies, computer software, songs and paintings are the type of creations for which the creator can obtain a Copyright. In lay mans terms, a Copyright is generally applied to artistic, visual and/or literary creations. In addition, Copyrights contain moral rights and economic rights. Moral rights include the right to be listed as an author and the right to the integrity of the work. Moral rights can be waived, but they cannot be assigned to others. The author does not lose these rights when they grant the right to publish or copied. Nevertheless, unlike in many countries abroad, fashion designs are not afforded Copyright protection in the US. There are some minor exceptions that exist.

Furthermore, a patent grants the patent holder the exclusive right to exclude others from making, using, importing, and selling the patented innovation for a limited period of time. The U.S. Patent Act, 35 U.S.C. §§ 1 et seq., was enacted by Congress under its Constitutional grant of authority to secure for limited times to inventors the exclusive right to their discoveries. See Article I, Section 8, Clause 8. One might think that Patents sound similar to Copyrights and they would not be mistaken. However, Copyrights refer to the expression of an idea, such as an artistic work, meanwhile Patents refer to an actual invention. Patentable materials include machines, manufactured articles, industrial processes, and chemical compositions.

So if we would apply all three forms of Intellectual Property protection to a company like Nike, a trademark would be applied to itsbrand name Nike and its swoosh logo, a copyright can be applied to it’s advertising campaigns (print or commercials) and a patent can be applied to its footwear sole structure.

Legal Information Institute, Cornell Law School, https://www.law.cornell.edu/wex/patent

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