A key part of a creative project is its name. An essential part of that name is that it can be used.
Brands are one thing. Domain names (presence on the internet) are something else. Not very different; But another thing.
You have to get there first. Same as with brands.
But its use is not limited to a single country. Good. If we consider that Internet It is not a country.
It is important to check the availability of the name with which the project is being baptized, to ensure that its presence on the internet is quiet and not to be surprises. The more homogeneous the better.
A great tool for reviewing the availability of domain names and social networking users is Namechk.
Over a name we end up overturning a lot of emotional ties; It is preferable to save the penalties, invest a little time in reviewing the availability and then opt for the name.
Having a domain name does not guarantee that we have a brand. That depends on the registration in each territory. One thing no Leads to the other.
And that we have a brand does not necessarily grant rights on the accounts of users in social networks. That depends on each social network, but they almost always go with the rule of "Step first, step hard".
The first choice of name is not always the strongest, and surely someone else has already thought about it and uses it. Do not be discouraged. Check it out.
Register your musical project's trademark
Internet is everywhere. That generates enough headaches when we ask, where do we have to sue? Or what court should decide this case?
Internet diluted territorial barriers. So thatFacebook Could be the largest country on earth. There Apparent free internet Has helped make the idea of law subject to a specific territory increasingly difficult to land. Usually in the world off-line, The rules of what court to go to claim non-compliances or abuses of others have clear categories: territory where something happens, who commits it, or where the damage is generated.
In Colombia the subject is limited to:
- General rule: Where the defendant usually lives, or has his business -in its home, That is the technical concept. But in Colombia, domicile sounds like lunch ... and so, it is not the case-;
If the defendant does not have a domicile, it is demanded in the place of residence of the defendant;
If the defendant has no domicile or residence in the country, in the court of the plaintiff's domicile.
- Contracts:Where they are fulfilled, or in the place of domicile of the defendant.
- Damage: The place where the incident occurred.
- Goods: Where the goods are found.
- Crimes:The place where the crime was committed (if known); Or where the complaint is made (if it is not known where the crime was committed).
- Guardianship: Where the violation occurs, the threat or where its effects occur.
On the internet, multiple positions have been taken around the world. Although mainly three:
- Demand where is the user.
- Demand where is the Server where the information is stored.
- Where was the infringement.
Each of these categories makes law enforcement a bit confusing.
The general principles of law.
The biggest challenge for land lawyers is to advise cross-border projects and minimize the risks of exposure to the maximum.
The advantage is that all countries follow general principles of law without much debate. However, it is necessary to take into account (but in the limitations) the reading that is given to a certain fact from another place. (E.g.
Directives of European Union on data processing is much more rigid than to say in Colombia).
Second, an analysis must be made of which areas are actually being established and whether any particular business or conduct may have legal consequences in that territory.
This academic article explains in more depth the subject: Pedroza, Israel Soler, and William Guillermo Jiménez Benítez. “How to establish jurisdiction and competition in Internet cases ?: International and national trends.“ Dialogues of knowledge: research and social sciences 41 (2014): 15-32.
We speak with Juan Manuel Torreblanca, vocalist of the Mexican bandTorreblanca, To tell us about music, artistic creation, the art of sleeping and what remains to be said.
Juan Manuel Torreblanca is an exceptional musician. His compositions can go from Bubble-gumPop ("Rome") To dark songs full of textures ("1000 ghosts"). As an interpreter he can twist a song by José José ("So what?") To sew it on top of you. With the songs of Torrreblanca surprising in the nuances, it is music for multiple moods. He challenges you, he consents to you, he invites you. It is unmarked and will not be pigeonholed.
For the launch of the EP "Something was left unsaid" (2016), Torreblanca prepared a farewell concert and a documentary to register it. The group is currently in a pause, indefinite, necessary according to them. Those who humble their music with a smile between their lips, we hope that the pause does not extend much more.
She answered our questions with warmth and we deeply appreciate the time she spent with each one.
Continue reading A band is something (I imagine) similar to a family or a couple (polyamorous) [Interview with Juan Manuel Torreblanca]
The recognition of the Other as subject, the exaltation of difference to build are crucial to negotiation, psychoanalysis and healthy working environments.
- Chris Voss. Everything he wanted to know about negotiation and his mom never explained ... Chris Voss is a former FBI negotiator, an expert on terrorism and kidnappings. The best credentials to negotiate where life is not in danger.
- Slavoj Žižek. Philosopher, cultural critic, acid and contemporary analyst. Recognized for his didactic examples with films; But it is much more than a consumer of junk culture. Žižek uses tools of Lacan's psychoanalysis to seek answers to social behavior, capitalism and expressions of power.
- Marshall Goldsmith. A little contrast with the recalcitrant communism of Žižek. Goldsmith is acoach Business, with an eye of human resources. However, its focus is on skills - and almost decency - in the work environment. In a world worried about winning and technique, Goldsmith proposes that what most of the bosses / leaders and members of work teams lack are tools of recognition of the other.
The most important thing about brands is that you have to register them. The other is that you must use them.
Copyright is benevolent with works. You can not register it and it is yours as long as you believe it. You can stop using it and the same property rights expire 80 years after you stretch the leg.
With the marks, no. You have to get there first and you have to know how to get there (sorry Jose Alfredo).
Even, it must be checked that someone else is not the owner before embarking All your energies and your investment in a project that should be called different from the beginning.
The registration office has An online search engine, Where are all the brands that have requested.
Industrial property is stricter than copyright in its formalities. Therefore, we must take into account:
- You have to identify which brands are developing the project; There are many, they are not just logos and names.
- The trademark must be registered with the Superintendency of Industry and Commerce (in Colombia).
- Choose the right category; One or more.
- You have to pay a fee to have it reviewed and granted; Nothing is free in life.
- All the requirements and adjustments required by the SIC must be met in order not to lose momentum.
- You have to use it after you get it. If you do not use the mark, someone else can ask for the cancellation.
- It has to be renewed in time (after 10 years).
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