Blogging, IP and Copyright Laws …Or Why Imitation is NOT Always Flattery!!!

by Teréza Eliasz-Solomon (HeiressMommy™)

The world of law and litigation is catching up with social media – old and new laws are helping to keep the intellectual property of those of us who are producing original ideas and work safe from thieves and usurpers. As you read my blog and upcoming books, there is an obvious concern and determination to make sure that neither I nor anyone else of good intention gets ripped off. Thank G-d even nuanced or the mere suggestion of reproducing or imitating someone’s [my or my husband or you] work is subject to legal action and lawsuits. As I have written before …I LOVE jurist prudence!!!

Since 2011 myself and my husband, C.Michael Eliasz-Solomon, have made it our business to establish/own over thirty different trademarks – some to secure our rights from the evil doers and miscreants you have read about before in my blog posts [more in my soon book: Heiress Mommy …A Modern Super Woman Life!]. The other, less personal reason we trademarked, is to develop products and business venues, as well as create employment opportunities for others. This was an easy decision – and of course very effective because if anyone uses [intentionally or otherwise] any of our trademarked names, they will/can be sued immediately. More subtle situations are when [mostly intentional] someone mimics or piggy backs our work – imitating to some degree our style. No matter how minimal or indirect  the perceived similarity is – it can not and will not be tolerated as this diminishes my/our image and product. Oh my, here I go again being vague – those of you who know me and/or follow me must surely be aware of the reference to the who we are specifically watchful of  but ongoing litigation and my book obligations still keep me from being more direct just now. Suffice it to say the usual suspects are being  “outed” and it is being dealt with sufficiently.

A very important topic for my own current work is blogging and intellectual property/copyright laws. Facts can be reproduced, quoting is acceptable but expressions and style are copyrighted and are NOT acceptable  under the fair use doctrine. Timing is also an issue …if one only begins a particular format, wordage, set up, etc. after or in tandem with another person’s work – especially if there is any interpersonal connection – that is subject to a cease and desist or/and possible lawsuit. It is obvious when someone is imitating or being influenced to an extent where actual plagiarism is occurring and equally illegal is when a usurper either consciously or unconsciously is attempting to benefit from a similar style or name recognition. I will be damned if all my husband and I have worked for – struggled to create and protect, will be used or benefited from by our enemies – no one among you should accept anything similar no matter how insignificant it may seem. Just this week we trademarked our unique [only we two and our children and AKC registered Labrador] legal last name of Eliasz-Solomon because name recognition is important …we insist and have advisers to make sure that no one ever takes advantage of any connection to our name for profit. Some of you already are aware of the fact that my husband and I did extensive legal disowning and disinheritance of  what were previously considered “family” members – trust me [more in my book] when I say extensive, that is what I mean. Why after all that expense and effort, would we allow anyone to use even the slightest form of imitation or connection to us for their own benefit. Never for us means never …as you have read in my blogs before – I LOVE being a 1% type job creator for lawyers and one of my favorite motto directives is SUE THE BASTARDS. All of you should feel the same way …not only as individuals but as a society because cheap knock offs are stealing …stealing jobs, money and reputations and make no mistake intellectual property theft is also stealing.

The good and the bad of me are REAL …all of who I am past, present and future can only be authenticated by myself and those who really know the truth [husband, family, friends, advisers and colleagues]. Just like a REAL Prada, a REAL Louis Vuitton, a REAL Hermes – I am the ONLY REAL Tereza D. Eliasz-Solomon and Heiress Mommy and therefore ONLY I can share the whole story in my book: Heiress Mommy …A Modern Super Woman Life!. A similar cautionary reference is that any blogger with any similar name or style who however subtle might appear to be like me or know me or my husband is only a cheap imitation and possible copyright infringer. Why settle for less, when you can read the best – me my darling blog followers. Stay tune – this ride is getting really interesting and the best is definitely yet to come!!!

P.S.  Beyonce and I share two legal similarities …the first I can not discuss yet because of that ongoing litigation I keep referencing and lawsuits being filed against those who defamed, slandered and are guilty of libel against us but the second is we and our husband’s are smart business people – realizing the necessity of trademarking names. Mr. & Mrs. Shawn Corey Carter trademarked their sweet baby girls name Blue Ivy shortly after her birth …Mazel Tov Beyonce & Jay-Z!!!

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: