Legal Question in Intellectual Property in Virginia
Intellectual Property Protection Quetion:
The terms of service for the company hosting my website states that that I have signed over all of my intellectual property rights to them. If this is true, how can I legally undo this and protect myself from losing my trademark, copyright, and domain name to the company hosting my website.
2 Answers from Attorneys
As a Franchise Attorney I can say the time to be concerned with these issues was before you signed up, not after. Now you've signed a (presumably) valid contract and would need to try and set it aside on a legally-sufficient basis (like duress, fraud, etc.). This will be very difficult to do and is definitely not a self-help project. The beginning is a careful analysis of exactly what you signed and what's been done to date. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
I would concur that you should have an attorney review the agreement to affirm what rights were, in fact, transferred.
If I can be of assistance, please feel free to contact me.
Elliott Alderman
www.thecontentlawyer.com
(202) 973-0188