https://www.walkerandjocke.com/blog daily 0.75 2020-05-22 https://www.walkerandjocke.com/blog/estate-planning-7a279 monthly 0.5 2019-08-13 https://www.walkerandjocke.com/blog/debt-zxkmn monthly 0.5 2019-08-13 https://www.walkerandjocke.com/blog/tax-656ty monthly 0.5 2019-08-13 https://www.walkerandjocke.com/blog/retirement-planning-ghyf5 monthly 0.5 2019-08-13 https://www.walkerandjocke.com/achievements daily 0.75 2026-03-31 https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/b60fcb24-c33f-421a-806a-6056a28e74d1/1.png Achievements https://www.walkerandjocke.com/home daily 1.0 2026-03-31 https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/d6f334e6-941a-4fbb-80f9-1b04532bcd4e/WJ+Logo+words.png Home https://www.walkerandjocke.com/contact-us daily 0.75 2026-04-01 https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/93cfcef0-5471-4f75-b62a-01bada60a2e0/WJ+Logo+words.png Contact Us https://www.walkerandjocke.com/our-services-list daily 0.75 2021-09-02 https://www.walkerandjocke.com/certifications daily 0.75 2026-04-01 https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/6666b7a4-044a-462c-9e7d-14bce59acc62/2.jpg Certifications - National Women Business Owners Corporation https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/5a4e0a54-d781-4412-90a3-3251bdcff9ec/1.jpg Certifications - Women's Business Enterprise National Council https://www.walkerandjocke.com/patents daily 0.75 2026-04-01 https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/1613408175588-7K4OJGN7QEXC09OJOGFY/New+Patent+Cover.jpg Patents https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/8b634428-a5c8-4ddb-b582-1bc0b8ce00a9/8.png Patents - What Can Be Protected with a Patent? Patents can be obtained on “inventions." Inventions include any new and useful machine, process, article of manufacture, composition of matter (such as a new chemical composition) and improvements on any of these things. Virtually anything that is new and made by man is subject matter eligible for patent protection. Certain things have been held not to qualify for patent protection. For example, most “works of authorship”, which are protected by copyright, are not patentable. Also, trademarks, which are words or symbols that identify the origin of goods and services, cannot be protected by patents. Other things that would not qualify for patent protection are abstract ideas, pure mathematical manipulations of numbers and laws or products of nature. Computer software was originally considered not patentable. However, in recent years the law has changed so that software inventions are often patentable. https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/64239289-0588-4bf3-9377-a7bd55d7bc7a/7.png Patents - Types of Patents There are three types of patents granted by the U.S. Patent Office: UTILITY PATENTS The most common type of patent is a “utility” patent. A utility patent covers what an invention is or how it functions. A utility patent is effective from the date it is issued and generally lasts for 20 years from the date it was applied for. DESIGN PATENTS A design patent covers the ornamental features of a manufactured item. Design patents cover only how something looks, not how it works. The term of a design patent is currently 15 years from the date it is granted. PLANT PATENTS Plant patents cover asexually reproduced plants. Fruit trees and other flowering plants are the most common subject for plant patents. https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/426ff170-f8fc-4b4b-95bd-fab236aae3ba/6.png Patents - Patent Investigations There are usually two reasons patent investigations are requested. The first is to find out if a new invention is patentable. The second type of patent investigation is done to avoid infringement problems by finding out if something that you plan to make or do is covered by an effective patent owned by someone else. https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/e4007a63-10d7-40ba-9145-687a2812b293/5.png Patents - Patentability Searches Patent searches are useful for determining if an invention is patentable. Usually before incurring the expense of preparing and filing a patent application, a patentability search is conducted. The search results are analyzed to determine the likelihood that the invention is patentable. However, many technical people know “the state of the art” and often recognize that an invention is a significant advance without conducting a patent search. In those cases, a patent application will often be prepared and submitted to the Patent Office without conducting a patentability search. https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/21829de8-621e-4e16-9b30-946d31d2f10a/Send+formal+drawings+to+PTO+in+Case+XXXXX.jpg Patents - Deadline for Filing a Patent Application The current law is that a U.S. patent application must be filed before any public disclosure or offer for sale of the invention. However, the law has some exceptions. Certain qualifying public disclosures before a patent application is filed will not bar receiving a valid patent, provided that a patent application is filed within one year of the public disclosure. If a patent application is not filed in time, the right to obtain a patent is lost. The law regarding when a U.S. patent application must be filed was changed in 2013. The rule until March 16, 2013 was that a U.S. patent application had to be filed within one year of the date the invention was first publicly disclosed or offered for sale. With the law not being as favorable to inventors as in the past, it is important for inventors to carefully control public disclosures and offers for sale or other commercial activities before filing a patent application to avoid losing the opportunity to obtain a patent. https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/1591973706121-0N4V7044LI2GJYWE7ZVY/Patent+Office.jpg Patents - Recordkeeping Related to Inventions Until U.S. patent law changed on March 16, 2013, U.S. patents were granted to the “first inventor” of a new invention, provided that the inventor filed their patent application before the end of the one-year grace period that was allowed at that time. For U.S. patent applications that were filed prior to when the new law took effect, the “first inventor” rules still apply. It may be important for inventors who filed their patent applications under the prior law to retain documentation that shows when they first came up with the idea for the invention, developed prototypes and took other steps related to the development of the invention. By enacting the current law, the U.S. adopted a “first inventor to file” system. Under the current law, the date the inventor first thought of the invention, made the first prototype, and took other actions to develop the invention, are generally not important. The filing date of the inventor’s patent application that discloses the invention is the key date for purposes of having priority over someone else who develops the same invention and who also files a patent application. The general rule is that to obtain a valid U.S. patent, the inventor must file his or her patent application before either making a public disclosure or offering to sell something that includes the invention. https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/7d5812e4-b0fd-4ba2-b0ce-a2c701f64697/21.jpg Patents - Patent Infringement Patent infringement occurs when someone makes, uses, sells or offers to sell something covered by the claims of someone else’s unexpired patent without authorization. It is a common misconception that if you have obtained a patent on your invention, you cannot infringe someone else’s patent. The Patent Office does not screen for infringement when it considers patent applications. It only looks to see if the invention claimed is novel over the prior art. Of course, a patented (or unpatented) device cannot infringe a patent on something that was invented after the accused device is already being sold. Any patent that would cover the “prior art” is invalid. Possible infringement should be a particular concern when designing a product similar to one known or believed to be patented by someone else. In such cases, it is wise to conduct a "right to make" patent study. https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/1591977771037-N8SELKP31MNJWBYVUD1W/Patent+7.jpg Patents - Intellectual Property Audits Many businesses only think about protecting their patents, trademarks, copyrights or trade secrets after they have encountered a problem. It is much less costly to have a plan for protection of your valuable “intellectual property” so that problems can be avoided. One approach to avoiding problems is to have an “intellectual property audit” conducted. An intellectual property audit involves having an attorney, experienced in intellectual property, review the business activities and the protection you currently have. Such reviews usually uncover areas in which protection can be improved at a very low cost. Just like an annual physical checkup by a doctor, an annual review of intellectual property protection may avoid serious problems later. https://www.walkerandjocke.com/copyrights daily 0.75 2026-04-01 https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/3fa8c90b-8b79-407c-a18b-e84bd1e28b33/3.png Copyrights https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/88b687ad-a7c0-405c-b13b-cdbd797a5a18/19.jpg Copyrights - Obtaining Copyright Protection Copyright protection exists automatically from the moment the work is fixed on some type of tangible media. However, in the U.S., the work usually must be registered with the Copyright Office before a lawsuit may be brought against an infringer. Registration is also a prerequisite to the collection of some types of damages for infringement. https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/1592001483087-763VJXJKORJ5X0J41ECH/copyrights+3.jpg Copyrights - The Copyright Notice Until a few years ago, if a work was published without a copyright notice, all copyright protection was waived. This is no longer true for newly published works. It is still desirable to display a copyright notice because it will make it easier to pursue infringers. When a work is published, it should have: A copyright notice that includes the word “Copyright” or the copyright symbol “©” The name of the copyright owner The year of the first publication https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/1592002497389-UDMK0KBO1Z4U4OC6163X/copyrights+4.jpg Copyrights - Transfers of Copyright Rights Copyright rights owned by others are not readily transferred unless certain legal formalities are met. Copyrighted works created by an employee in the course of his or her job are automatically owned by the employer. When outside vendors or consultants are used to create copyrighted works, care must be exercised to be sure the commissioning party owns the copyright rights. To achieve ownership, the party who is to own the copyright rights must include in a written contract certain specific, detailed contractual provisions in a form required by law. Failure to meet these strict requirements before the work is created may result in the rights remaining with the vendor or consultant. https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/1592003077148-QCBVFSS2L3ZSGM3CXJ5F/copyrights%2B5.jpg Copyrights - Copyright Protection in Other Countries Most countries provide copyright protection. In most cases no additional steps need be taken to protect written materials. However, the law varies by country, particularly for some types of works such as computer software. It is important to consult a copyright attorney to determine copyright rights in a particular country. https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/1592003223265-23875R5GM8MV7X3FRKSX/copyrights+6.jpg Copyrights - Copyright Infringement A copyright owner has certain exclusive rights. These include the rights to reproduce, distribute, display and perform the copyrighted work. The copyright owner also has the exclusive right to prepare “derivative works”, which are works that are based on the original work; but, the work also includes some different or additional material. A violation of any of the copyright owner’s rights constitutes copyright infringement. Copyright infringement most commonly occurs whenever a copyrighted mark is “copied” in whole or in part. Copyright infringement may occur even when the infringing copy is not identical, but only “substantially similar” to the original work. When a substantial portion of a copyrighted work is used in another work, it also usually infringes as an unauthorized “derivative work”. https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/9a0b5084-7e50-4446-9d8e-a931394828a0/22.jpg Copyrights - Limitations of Copyright Protection Copyright protection is limited to protecting “expression” and does not protect the “ideas” embodied in the work. However, distinguishing protected “expression” from public domain “ideas” can be difficult, particularly with works such as computer programs. Courts often struggle with these issues and the legal rules are complex. To establish liability for copyright infringement, the infringing work must not only be substantially similar in some significant portion to the original work, but the accused infringer must have had access to the original work. Without access to the original work, there is no infringement, even if the two works happen to have portions that are identical. https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/3011a2c3-1600-4ef8-a2ff-22c3af981cc4/20.jpg Copyrights - Fair Use The broadest exception to a copyright owner’s exclusive right is the “doctrine of fair use.” A “fair use” is something that is permitted by law that would otherwise constitute an infringement. Unfortunately, deciding whether a use is a “fair use” is difficult because any decision requires weighing a number of factors including: the purpose and character of the use the nature of the work the amount of the work involved the effect of the activity on the market for the original work whether the original work is published or unpublished https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/1592076451551-ULDH67BS3PT8Y92RNJ3D/copyrights+9.jpg Copyrights - Penalties for Copyright Infringement The penalties for copyright infringement can be severe. The law provides the copyright owner with the right to obtain actual damages or “statutory damages.” Statutory damages are those set by law and can range from $200 to $150,000 per infringement, plus attorney fees. As a result, damage awards can be much higher than the actual loss to the copyright owner. Also, in some circumstances copyright infringement may be a criminal offense punishable by fine or imprisonment. For those reasons, it is important to work with experienced legal counsel when dealing with copyright issues. https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/1592076784736-XCL3BA7TBH2P3X9AR16H/copyrights+10.jpg Copyrights - Comparison of Patent and Copyright Protection The elements of “access” and “substantial similarity” must be present for copyright infringement of works of any type. For example, many photographers take photographs of the same scene, and all their copyrighted photographs are virtually identical. However, there is no infringement because the photographers did not have access to the others’ photographs, and they did not copy from one another. Copyright protection is very different from patent protection with respect to infringement. Copyright infringement requires "access," and therefore some knowledge of the work that is infringed. However, patent infringement occurs whenever someone makes, uses, sells or offers to sell a patented invention, regardless of whether they are aware of the patent or the patent owner's products. https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/1592077651315-DR55DFJA3TEI02IG3PL3/copyrights+11.jpg Copyrights - Intellectual Property Audits Many businesses only think about protecting their patents, trademarks, copyrights or trade secrets after they have encountered a problem. It is much less costly to have a plan for protection of your valuable “intellectual property” so that problems can be avoided. One approach to avoiding problems is to have an “intellectual property audit” conducted. An intellectual property audit involves having an attorney experienced in intellectual property review the business activities and the protection you currently have. Such reviews usually uncover areas in which protection can be improved at a very low cost. Just like an annual physical checkup by a doctor, an annual review of intellectual property protection may avoid serious problems later. https://www.walkerandjocke.com/trademarks daily 0.75 2026-04-01 https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/c98ba38b-a464-4818-9f8e-5aaa88a56413/trademark.jpg Trademarks https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/1591983639600-5N9418HEUA3CVLWZ6AHO/trademark+2.jpg Trademarks - Selecting New Trademarks The best trademarks are those that are distinctive and have no relation to the goods or services with which they are used. Examples of distinctive trademarks are made up words like “Google” and “Teflon.” Words that are somewhat suggestive of the goods or services, or properties of the goods or services, can often be protected as trademarks, but are not as strong. Words that are merely descriptive of the goods or services cannot be protected as trademarks. When selecting a new trademark, it is best to have more than one trademark in mind. Often the first choice for a new trademark is not available. It is advisable to have the availability of a new trademark investigated by a trademark attorney before spending money on promotional material that includes the new trademark. https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/1591984284524-VEH4S1CJWTNG9IP4V7VW/trademark+3.jpg Trademarks - Registration of Trademarks Trademarks may be registered with the U.S. Trademark Office. Usually, once a trademark has been registered, the owner of the registration is the only one in the U.S. who many use the mark in conjunction with the goods and services for which it has been registered. Registration may be applied for at any time, including before a mark is in use. When a mark has been registered, the owner is entitled to use the registration symbol (as shown to the right) in conjunction with the mark. Until the mark is registered, the “common law” trademark symbol “TM” (“SM” for service marks) may be used. In the U.S., limited protection is granted for unregistered marks, as well as unique color schemes and distinctive stylistic features that are used in conjunction with goods and services. Therefore, when designing products or selecting names, it is necessary to avoid similarity to a competitor’s mark or product appearance, even if those are not federally registered trademarks. https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/5f34f454-a332-41c5-b071-e51fd1edd73d/Send+formal+drawings+to+PTO+in+Case+XXXXX.png Trademarks - Use of Trademarks in Other Countries Trademark rights are granted on a country-by-country basis. Before introducing a product or service with a new trademark into a country, a search should be conducted to verify that someone else does not own the mark in that country. Also, many countries require actual registration of the mark with their trademark office before a user may claim any rights in the mark. https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/cab88af7-a1a4-4f5c-8662-4c2d40c85c63/17.jpg Trademarks - Use of Non-Owned Trademarks in Product Literature and Advertising Sometimes it is necessary to refer to another company’s name or trademark in advertising or product literature. This is permissible only if done properly. It may not be legally permissible to place your trademark on another company’s product without an agreement that authorizes such marking. The selection and use of trademarks requires careful planning. It is important to work with an attorney experienced in trademark protection to develop a comprehensive protection program before undertaking marketing of new products or services. https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/d3db525a-b1cf-408a-bbad-d18da46b032f/pto+front.jpg Trademarks - Intellectual Property Audits Many businesses only think about protecting their patents, trademarks, copyrights or trade secrets after they have encountered a problem. It is much less costly to have a plan for protection of your valuable “intellectual property” so that problems can be avoided. One approach to avoiding problems is to have an “intellectual property audit” conducted. An intellectual property audit involves having an attorney experienced in intellectual property review the business activities and the protection you currently have. Such reviews usually uncover areas in which protection can be improved at a very low cost. Just like an annual physical checkup by a doctor, an annual review of intellectual property protection may avoid serious problems later. https://www.walkerandjocke.com/software-license-agreements daily 0.75 2026-04-01 https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/1592083616373-UZVWHD2FKJLPQAWLIW6O/software+license+1.jpg Software License & Services Agreement https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/89618c34-79af-421d-9041-ad26b2280b6e/Send+formal+drawings+to+PTO+in+Case+XXXXX3.jpg Software License & Services Agreement - Why Software Licenses & Services Agreements are Important Software is important; therefore, software agreements are important. Business today relies on software to perform many critical functions. The availability of software functions may be critical to the continued operation of a business. Software makes machines and systems work in every sector of the world economy - everything from applications that control advanced medical devices to programs that analyze the behavior of financial markets. Software developers may want to make code available to other developers in order for applications to be more widely used in the market. Manufacturers and publishers may want to acquire rights to software that can make their products work in new ways or in ways compatible with existing computer systems. In order to have the legal right to use software to achieve the required needs, the rights and limits in the associated software agreements take on critical importance. https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/1592084157353-EEO3DXYB0EMKHXHMS5YE/software+license+3.png Software License & Services Agreement - How Does a Software License & Services Agreement Work? The author of the software code frequently owns the code. In cases where the developer of the software is an employee of a company, the company is usually the author. The owner of the code controls who gets to use the code and how the code is used. The software license may define who can use the code and in what circumstances. Standardized "end user license agreements" (EULAs) are common for most consumer and commercial software that is widely distributed. When someone "purchases" software, the owner of the software typically requires the user to agree to license terms by clicking to indicate agreement to a set of terms before the software can be installed or operated on a computer. The user is not really "purchasing" the software, but is licensing the software under the specified license terms. When specialized or customized software is involved, the license is often a signed, written agreement that includes terms that are customized to fit the needs of the parties to the license agreement. Software services agreements under which a user is authorized to access functions of software that is operated by a services provider often include terms similar to software licenses. However, software services agreements address other issues such as the guaranteed availability of the software functions to the user and the rights of the user to access and recover the user's data upon termination of the services. https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/1592084636946-G7B29DFEF88M2UAO1B6O/software+license+4.jpg Software License & Services Agreement - What Can a Software License & Services Agreement Cover? A software license may address a wide range of issues regarding the use of software. It can specify how and where the software may be distributed and installed on the licensee’s computer, and who may use the software. For example, the software license may specify: How many users may use the software How long the software may be used Under what conditions or in what systems the software may be used The support for the software (updates, upgrades and/or technical assistance) The cost of the rights to use the software The warranty terms, if any The liability for damages that result from errors in the software Ownership rights in the software and restrictions on work product that is developed using the software How and where any disputes will be resolved The user’s rights to obtain access to the source code from an escrow under certain circumstances Any other issues important to the parties A software services agreement will usually address many of the same issues as a software license. However, because under a services agreement the provider operates the software, other issues such as availability of access to the software, up-time, security, access to data and other issues often need to be addressed. https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/03714cc9-0a42-47e3-ba05-f4e2f504637d/Med+Rm+Plaque+NEW.jpg Software License & Services Agreement - How Can an Attorney Help with Software Licenses & Services Agreements? One of the most complicated issues in software licensing is who owns software that is developed for a customer. The attorney may help so that substantial sums of money are not spent on software that the developer does not have the right to license or the customer does not have the right to own or appropriately use. Software services agreements may involve entrusting the operation of critical aspects of a business to a third party to be carried out through use of the third party's systems. Appropriate safeguards should be in place to assure that the services agreements address the issues that are important to both parties. https://www.walkerandjocke.com/tradesecrets daily 0.75 2026-04-01 https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/d833b771-e482-474e-8b44-027223126d86/Send+formal+drawings+to+PTO+in+Case+XXXXX.jpg Trade Secrets https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/1592079312871-UJ6BHOIVCBLB02WO271U/trade+secret+2.jpg Trade Secrets - Advantages of Trade Secret Protection Trade secret protection sometimes has advantages over other types of protection, including patents. Patents may last for a maximum of 20 years. Trade secret protection may last as long as the information remains secret. Trade secret protection also typically costs less to maintain. https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/1c68adf9-a6a7-4544-adee-9ec86f5d3d4f/16.jpg Trade Secrets - Disadvantages of Trade Secret Protection A major drawback of using trade secret protection is that care must be constantly exercised to ensure the confidentiality of the secret. Even one inadvertent disclosure of the information may result in the loss of trade secret protection. Further, anything that can be readily discovered by “reverse engineering” cannot be protected as a trade secret. https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/1592079817638-41SVK6EK1MRZEWNF2BLX/trade+secret+4.jpg Trade Secrets - Developing a Protection Program The effective protection of trade secrets usually involves developing a program to ensure legally effective protection. An attorney experienced in trade secret law would tailor the protection program to the particular situation. Some elements of trade secret protection programs include: Employee confidentiality agreements Non-compete agreements with key employees and consultants Non-disclosure agreements with suppliers and vendors Restricting access to computers and manufacturing facilities Controlling access to facilities by visitors and consultants Restricting use and disposal of documents, materials and equipment Designing products to make reverse engineering difficult https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/1592080347361-LJVX8EENR5ZUR7S3THG0/copyrights+11.jpg Trade Secrets - Intellectual Property Audits Many businesses only think about protecting their patents, trademarks, copyrights or trade secrets after they have encountered a problem. It is much less costly to have a plan for protection of your valuable “intellectual property” so that problems can be avoided. One approach to avoiding problems is to have an “intellectual property audit” conducted. An intellectual property audit involves having an attorney experienced in intellectual property review the business activities and the protection you currently have. Such reviews usually uncover areas in which protection can be improved at a very low cost. Just like an annual physical checkup by a doctor, an annual review of intellectual property protection may avoid serious problems later. https://www.walkerandjocke.com/attorneys-professionals daily 0.75 2026-04-01 https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/915c8f9e-a619-43ec-be7e-ac2b34636fcf/judicial.png Attorneys & Professionals - Attorneys Patricia A. Walker, Intellectual Property Attorney Ralph E. Jocke, Registered Patent Attorney Stacy L. Emhoff, Registered Patent Attorney Nancy L. Reeves, Registered Patent Attorney - Of Counsel Colin P. Cochran, Registered Patent Attorney https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/1e2ca194-22f9-4d27-80bc-6ceced06b13c/Send+formal+drawings+to+PTO+in+Case+XXXXX5.jpg Attorneys & Professionals - Professionals William R. Aitken, Technical Adviser James L. Berry, Certified Public Accountant https://www.walkerandjocke.com/e-commerce daily 0.75 2026-04-01 https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/1592092200763-S19W3XWWJHTX6XRCKPJO/ecommerce+on+birch.JPG Internet Commerce https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/4fc8af88-b9e4-4083-abbc-23bb43f10b3b/22.jpg Internet Commerce - How is a Legally Binding Agreement Achieved? Using a website to sell goods or services requires agreements that can be entered into online. Some agreements may include only the terms of the sale, such as whether the product may be returned for a refund. Other agreements may specify terms that govern the provision of services such as computer programming. Online agreements must comply with applicable laws for the type of transaction involved. There are laws that specify what must be done to achieve a legally binding agreement when the contract terms are presented and agreed to electronically. Conforming internet commerce agreements so they are suitable for customers in different countries may require more than one version of the agreement. In order to have country-specific agreements, it may be necessary to adopt a process of electronically authenticating the identity and location of each online customer. Data protection requirements are also critically important when doing business online. Appropriate steps must be taken to assure that requirements applicable in the jurisdictions in which each party is located are satisfied. https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/1592091195656-VGPOTFH06IED5ZXYY4M6/ecommerce+3.jpg Internet Commerce - Are there Rules for Advertising Online? In the United States, direct marketing via e-mail is limited by the federal CAN- SPAM Act of 2003 and other laws. The truth of Internet advertising is regulated by the Federal Trade Commission. Various state laws may also apply. There are also state and federal unfair competition laws that may be invoked to stop false and misleading conduct. https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/1592091424188-6S4A9U10Z74N99U0QGDE/ecommerce+5.jpg Internet Commerce - What Legal Issues Arise for Buyers? A party to an e-commerce transaction is interested in making sure that the entity with whom it is doing business is ready, willing and able to provide what it promises. For this reason, parties need to be able to authenticate the identity of the other party, and bind the other party to an appropriate online agreement. A party should also consider obtaining assurance that the online party's systems will adequately protect the party's privacy, identity and confidential data. Further, a party to an online agreement may also need to consider whether it can obtain legal recourse if the other party fails to perform the agreement. https://images.squarespace-cdn.com/content/v1/5ec83d980d2b974c14e93ac5/1592091748223-0K9I2U3DCHWX3BLIZI17/ecommerce+6.jpg Internet Commerce - What Can You Do to Protect Your Domain Name? If you want to sell goods or services via the Web, you first need to have an Internet presence that reflects your marketing identity. Obtaining and protecting a domain name for your website is important. Disputes concerning domain names are common. Disputes regarding rights in domain names may be decided by a number of different forums, including the federal courts and the World Intellectual Property Organization (WIPO) in Geneva, Switzerland. https://www.walkerandjocke.com/pat-walker daily 0.75 2021-08-12 https://www.walkerandjocke.com/colin-cochran daily 0.75 2021-08-12 https://www.walkerandjocke.com/stacy-emhoff daily 0.75 2021-08-26 https://www.walkerandjocke.com/ralph-jocke daily 0.75 2021-08-12 https://www.walkerandjocke.com/nancy-reeves daily 0.75 2021-09-16 https://www.walkerandjocke.com/james-berry daily 0.75 2021-08-26 https://www.walkerandjocke.com/william-aitken daily 0.75 2021-07-08