Legal Question in Technology Law in Florida

I have an App I am developing and need to start promoting before the launch (to help seek investors). However I am afraid of putting anything out there because the app is still getting built, I still have to register it as a corporation and I don't feel safe speaking about it to the public until consulting a lawyer.. Now I don't believe I can patent my app. It's really just a vehicle rental mobile App. What measures should I take before publicising it? Form the Corporation and then what? Trademark? How can I protect my app from someone seeing what it's about and then trying to duplicate the same?


Asked on 7/29/16, 8:36 pm

1 Answer from Attorneys
Philip Duvalsaint Philip A. Duvalsaint, PLLC

You may be able to trademark the name or logo for the app; however, trademark rights are acquired by use in commerce. So you would have to sell the app in another state to qualify for federal trademark protection. You might qualify for common law or state protection if there is no sales across state lines. You could register a copyright on the source code or even the layout of the app. However, your rights for a copyright are acquired once you have the thing which you want to protect in a fixed medium. You should consult with an attorney to determine what rights you can properly protect for your app.

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Answered on 8/02/16, 7:23 am


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