If you looking to learn more about how to legalize your trademark, intellectual property and much more Laura A Rogal has given you a detail look at what you need to do. Ready Set Go Summit "Launching and Strengthening your business"

1. BUSINESS LAW
101:
INTELLECTUAL
PROPERTY
AND
CONTRACTS
LAURA ROGAL
@LAWYER_GIRL

2. “ACCORDING TO MOST STUDIES,
PEOPLE'S NUMBER ONE FEAR IS
PUBLIC SPEAKING. NUMBER TWO IS
DEATH.
DEATH IS NUMBER TWO! DOES THAT
SOUND RIGHT?
THIS MEANS TO THE AVERAGE
PERSON, IF YOU GO TO A FUNERAL,
YOU'RE BETTER OFF IN THE
CASKET THAN DOING THE EULOGY.”
JERRY SEINFELD

3. WHAT THE HECK IS THIS LEGAL
MUMBO JUMBO AND WHY DO I
CARE?

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. Dictionary.com Unabridged. Random House, Inc. http://dictionary.reference.com/browse/idea
(accessed: September 11, 2014).

5. INTELLECTUAL PROPERTY

7. ™ TRADEMARK ®
 Trademarks can be phrases, colors, sounds, and
smells
 Trademarks idenitfy the source of the goods or
services of one party by distinguishing them
from those of others
 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

8. WHAT DOES REGISTERING MY
™ TRADEMARK GET ME? ®
 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

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 or graphic
works
 A copyright typically lasts for the creator’s
life plus 70 years
What rights does a copyright owner
have?
 Exclusive right to (1) copy the work; (2)
create derivative works; (3) distribute the
work; and (4) display the work

10. WHY REGISTER A
COPYRIGHT? ©
Money
 Actual damages as a result of the
infringement
 Profits that the bad guy made as a result of
the infringement
 Statutory damages – if they knew they
were infringing, up to $150,000 per
instance of infringement
 Attorneys’ fees and costs for pursing the
bad guy
Injunction
 A court can stop the bad guy from using
your work

11. TRADE DRESS
The characteristics of the visual appearance
of a product or its packaging that signify to
the consumer the source of the product

12. PROTECTING YOUR IP
• Non-Disclosure Agreement (NDA)
• Confidentiality Agreement
• Independent Contractor
Agreement
• Work For Hire Agreement
• Employee Handbook
• Written Policies

13. LEVERAGING YOUR IP

14. WHEN DO YOU NEED A LAWYER?
(THE INTELLECTUAL PROPERTY
EDITION)

15. Useful Links For
Intellectual Property
www.uspto.gov
www.copyright.gov
www.copyright.gov/onlinesp/list/
a_agents.html
www.chillingeffects.org/dmca512
/faq.cgi
www.creativecommons.org
www.flickr.com/creativecommons

16. STRUCTURING YOUR
BUSINESS ORGANIZATION
• Corporation
• LLC
• Partnership
• De Facto Partnership
• Sole Proprietorship
• Joint Venture

17. CONTRACTS - READ BEFORE
YOU SIGN ANYTHING

18. QUESTIONS?
LAURA ROGAL
LAR@JABURGWILK.COM @LAWYER_GIRL