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You Have An Idea- Now What? Protecting Your IP For Startups

Phoenix law firm Jaburg Wilk Intellectual Property and Internet attorney Laura Rogal presents 'You Have An Idea- Now What? Protecting Your IP For Startups' at Phoenix Startup Week Thursday, February 26, 2015 in Scottsdale Arizona.

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You Have An Idea- Now What? Protecting Your IP For Startups

  1. 1. You Have An Idea – Now What? Protecting Your IP For Startups
  2. 2. Talk About Me: @Lawyer_Girl Hashtag: #PHXstartupweek #ChaseBasecamp #yesphx
  3. 3. What the heck is this legal mumbo jumbo and why do I care?
  4. 4. How Do You Define An Idea? i·de·a [ahy-dee-uh, ahy-deeuh]* noun 1. any conception existing in the mind as a result of mental understanding, awareness, or activity. 2. a thought, conception, or notion 3. an impression 4. an opinion, view, or belief 5. a plan of action; an intention *idea. Dictionary.com Unabridged. Random House, Inc. http://dictionary.reference.com/browse/idea (accessed: February 20, 2015).
  5. 5. INTELLECTUAL PROPERTY
  6. 6. TRADEMARK™ ® Trademarks identify the source of the goods or services of one party by distinguishing them from those of others  Trademarks can be phrases, colors, sounds, graphics, and even smells  The use of TM represents that you claim trademark ownership in the mark preceding it, but it isn’t necessarily registered  The use of SM shows that it is a trademark which describes a service  The use of the ® means that the trademark is registered with the USPTO
  7. 7. WHY REGISTER MY TRADEMARK WITH THE USPTO? ™ ®  You are entitled to exclusive use of the trademark throughout the United States for your particular category of goods or services  You can prevent others from using a trademark which is identical to yours for the same type of goods or services  You can prevent others from using a trademark which is confusingly similar to yours for the same type of goods or services
  8. 8. TRADE DRESS The characteristics of the visual appearance of a product or its packaging that signify to the consumer the source of the product.
  9. 9. COPYRIGHT © What is a copyright?  Copyright is the protection of the expression of an idea  It protects artistic works, as well as content on a website and any written works  It also protects graphics and product labels  A copyright typically lasts for the creator’s life plus 70 years Who owns the copyright?  The creator owns the copyright  Exceptions: (1) employment; (2) work for hire
  10. 10. WHY REGISTER A COPYRIGHT? © Money  Actual damages as a result of the infringement (also available when not registered)  Statutory damages – if they knew they were infringing, up to $150,000 per instance of infringement  Attorneys’ fees and costs for pursing the infringer Injunction  A court can stop the bad guy from using your work
  11. 11. PROTECTING YOUR IP • Non-Disclosure Agreement (NDA) • Confidentiality Agreement • Independent Contractor Agreement • Work For Hire Agreement • Employee Handbook • Written Policies
  12. 12. LEVERAGING YOUR IP
  13. 13. WHEN DO YOU NEED A LAWYER? (THE IP EDITION)
  14. 14. SOCIAL MEDIA AND IP
  15. 15. ANONYMITY IN SOCIAL MEDIA
  16. 16. www.uspto.gov/trademark www.copyright.gov www.copyright.gov/onlinesp/list/a_a gents.html www.chillingeffects.org/dmca512/fa q.cgi www.creativecommons.org www.flickr.com/creativecommons Useful Links For Intellectual Property
  17. 17. @Lawyer_Girl Follow me:

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