Online marketing has opened the floodgates for trademark and copyright infringement—learn the essentials of intellectual property. BRANDit Live! is a series of webinars hosted by Studio 2055 that include lively discussions with our special guests who bring insight and knowledge to the subject of brand.

2. Hi Everyone!
NANETTE NEWBRY
Principal, Creative Director
STUDIO 2055
ALAN BUSH
Moderator, Producer
IGNITE VISIBILITY
ERIC MORTON
Intellectual Property Lawyer
LAW OFFICES OF ERIC D
MORTON

3. WE THOUGHT
YOU WOULDN’T
NOTICE
TRADEMARKS AND COPYRIGHTS
How To Protect Your Brand
From Intellectual Property
Infringement

4. BRAND/IDENTITY USE
ONLINE
• Websites, landing pages, videos, blogs, white
papers, social media, press releases, banner ads
OFFLINE
• Collateral material, packaging, trade shows,
environmental graphics, products, advertising,
billboards, giveaways

5. BRAND PROFILES

6. BRAND GUIDES

7. BRAND IDENTIIES
AND TAGLINES

8. BRANDING STATEMENTS
SMART THINKING. CREATIVE SOLUTIONS.

9. ERIC MORTON
Intellectual Property Lawyer
Business Lawyer
Law Offices of Eric D. Morton

10. WHY INTELLECTUAL PROPERTY LAW IS
IMPORTANT TO SMALL BUSINESS?
All businesses have websites
– Broadcasting to the world
– 2 billion people use the Internet
All business owners must be concerned about the
legal issues around their websites.

11. IMPACT OF INTERNET ON LAW
Copyright and Trademark Infringement and
Defamation Laws all apply to cyberspace
Powerful interests reacted strongly to the Internet:
• Trademark Dilution Act of 1995
• Digital Millennium Copyright Act of 1998
• Copyright Term Extension Act of 1998
• Napster cases

12. INCREASED LIKELIHOOD
OF TROUBLE
Sophisticated copyright and trademark
enforcement technology
Enhanced penalties for infringement

13. QUICK OVERVIEW
OF TRADEMARK LAW
“A trademark includes any word, name,
symbol, or device, or any combination, used,
or intended to be used, in commerce to
identify and distinguish the goods of one
manufacturer or seller from goods
manufactured or sold by others, and to
indicate the source of the goods. In short, a
trademark is a brand name.”

14. BRAND OWNERS’ TRADEMARK RIGHTS
1. Common Law - valid in market
– Acquired through use
2. Local – presumed to be only valid user in county
– Fictitious Business Name Statements
– For names in use
3. State – presumed to be only valid user in state
– Registration with the Secretary of State
– Must be in use
4. Federal – presumed to be only valid user in U.S.
– Registration with U.S. Patent and Trademark Office
– Must be in use

15. 1. BE QUIET!
You do not have a right to your ideas.
Your “friends” and colleagues will steal
your ideas
If you need to share your idea with someone,
get a non-disclosure agreement (NDA).

16. 2. RESEARCH
SEARCH THE WEB
Check companies in the same industries
Think!
BE CREATIVE
• Work with a professional and conduct surveys
on appeal

17. 3. CREATE
BE ORIGINAL
– Work with a professional
– Avoid the generic or descriptive
BE DECISIVE
SECURE YOUR RIGHTS
– “Work for hire” contracts

18. 4. TRADEMARK SEARCH
OBTAIN FROM SEARCH COMPANY
• Searches all databases
• May be done before creation of logo/name
• Comprehensive TM search will prevent
claim of “Bad Faith Infringement”

19. 5. FILE TRADEMARK APPLICATION
If not yet using mark, file “Intent to Use”
application
• Filed with U.S. Patent and Trademark
Office
• Applicant has genuine intent to use mark
in commerce
• Can be filed as long as two years before
registration

20. 6. USE
BE CONSISTENT
• Do not significantly change mark or its use
• Use ® symbol
USE MARK CONTINUOUSLY
• Can lose rights through non-use
MAINTAIN REGISTRATIONS
KEEP AN I.P. PORTFOLIO

21. WHAT IS A COPYRIGHT?
A copyright is exactly what the name suggests, it
is the exclusive right to make and distribute
copies of an original work.
– Copyright protect extends to software, art,
photographs, written materials and many
other works that express ideas.

22. WHO OWNS A COPYRIGHT?
• The creator of an original work owns the copyright to that
work. An employer owns the copyrights of original works
under the “work for hire” or “made for hire” rule. Independent
contractors do not fall under the work for hire rule.
Furthermore, even employees might contest the work for hire
assumption.
• Derivative works (works based on an original work) are owned
by the owner of the original work or are an infringement of the
copyright of the original work.

23. HOW TO PROTECT?
Copyrights are protected by notice and registration. The
following steps should be taken to protect copyrights.
1. Always place a copyright notice on any work owned:
Copyright 2014, WXYZ, Inc.
• Not legally necessary, but it gives persons immediate notice of
the ownership of the work and gives grounds for greater
damages for willful infringement (DMCA).
2. Registration

24. REGISTRATION
The U.S. Copyright Office makes the process of registering copyrights
easy. To apply for registration one needs to give the U.S. Copyright
Office three things 1) a completed application, 2) a deposit of the work
to be registered, and 3) the filing fee. One can apply for a copyright
one of two ways, electronically or by mail.
The registration of copyrights is important for two reasons.
First, registration gives public notice of ownership of a work.
Second, (and most importantly) the only way to enforce a
copyright is after registration.

25. AVOID INFRINGEMENT
• Everything on website should be owned or licensed
by website owner
• If owner did not create content, then owner should
have a “work for hire” contract with everyone who did
(e.g. website developer)
• If content is not owned, then owner needs a license
to use (e.g. stock photographs)
• Question everything

26. QUESTIONS?

27. RECAP

28. RESOURCES
• The United States Patent and Trademark Office
http://www.uspto.gov/
• Studio 2055’s blog
http://studio2055.com/designwise/
• Law Office’s of Eric D Morton’s blog:
http://www.ericmortonlaw.com/mm_latest.html
• White Paper
http://newscred.com/theacademy/learn/licensed-content-
guide
• White Papers/ Case Studies:
http://www.brandprotect.com/online-brand-protection-resources.
html

29. CONTACT US
NANETTE NEWBRY, STUDIO 2055
760.729.8205
Web: studio2055.com | Blog: studio2055.com/designwise
Join: Twitter, Facebook, Pinterest, Google+ and LinkedIn
ERIC MORTON, LAW OFFICES OF ERIC D. MORTON
760.722.6582
Web: ericmortonlaw.com| Email: info@ericmortonlaw.com
Join: Twitter, Facebook, Linkedin
ALAN BUSH, IGNITE VISIBILITY
619.752.1940
Web: ignitevisibility.com| Email: alan@ignitevisibility.com
Join: Twitter, Facebook, Linkedin

30. THANK YOU!