Practice Safe Crowdfunding - Las Vegas!


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5 steps to help avoid copyright infringement and protect your ideas BEFORE you crowdfund!

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  • If you take nothing away, please
  • Kaufman study – not a lot of primary research on IPIP Loss – customer list stolen, create a brand and materials but infringing, and computer code not belonging to youIt is not just legal, it is good business. Not just IP attorneys but business attorneys. TI makes more from licensing than products, 40% of US companies’ value does not appear on BS (50% in the EU)
  • Car – represents Patents – think how many different patents are in a car.Coke – design of the bottleWebsite copyrightTrademark – Coke – protect from Brand confusion – l bought the wrong cookies! Looked it up Fig Newtons 1914ish and Newmans 1997 – hmmmmmm.Coke is $100 billion dollar brand and only $40 billion on the balance sheet…
  • Example of startup – to show that actually patents least amount of the time - NAME, BRAND, BLOG, Customer or Supplier List, and then Invention or Product – has 100% IP. Patents are more rare for startups! Trade secrets – cheapest but can be easiest to lose.If you patented the wheel (which I found out recently is not the actual tire) if you did not have the right to make a tie rod Example of focus on IP patents, miss the boat on the others, some simple things like protecting Trade Secrets with employees.1 – Simply does not. Only protected in the US. And also actions within the US can impact outside - example patents – until March 2013 changes, once you file in US, you have disclosed your invention and kills ability for international patents. Also, if you publicly disclose your invention with enough detail, you have also killed your ability for international patents 2 – simple ex. copyright – when many parties are doing a project – like these slides to more complex & problematic – patents – if more than one person listed on a patent as owner – regardless of contribution – EACH owner has the right to independently exploit the patent WITHOUT consulting the other.Example of a person who goes to a university and gets one idea from a professor and puts into patent – are they required to list that person as an inventor?  3 – who is actual owner of the IP – if individual inventor or person who filed, need to have a formal written assignment to the Company to assign all the rights otherwise…. 4 – May have a patented process but if an exclusive license to use or sell has been executed, then important to disclose and to understand how/if that impacts your ability to attract investors. 5. For example if you have a contractor developing software for you and they in turn use some freeware and you are charging for the software. You pay the invoice for the contractor and you think that you own this new software. Issues – copyright infringement because free ware used and then resold; if you have not expressly outlined who owns the IP in the software in your contract, you may have not retained the rights to the software. Contractors are not same as employees. 
  • Approach is methodical, like a checklist
  • Knowledge is PowerGet informed and you will save time and money.ABSOLUTELY get attorneys or consultants.
  • First INVENTOR to FILE and can Disclose and File.
  • Pebble Watch campaign was an outlier
  • Not all the requirements but not to be done over night.
  • Microventures, CircleupSoMoLend is debtAngel List – accredited investors
  • Quality not quantify
  • Ask Audience what IP for each Case.Maria’s restaurant example - Have the name, working on the signage and everything, do not use yet but want to save money and wait to file until in use (means offered for sale) BUT someone else files – they win – explain Common Law TM but you do not have because not offered (explain Breanna’s pool concept – know your rights). Trade secrets need to be protected – process or recipes – have employees sign off and mention trade secrets specifically – also trade secret is different every state but need to take reasonable steps to protect something of value.Inventor – Phillip with Smart Focus, the need to document in proper inventors’ notebook and file patents but WAIT you infringed on a TM, any funding presentation, competition (crowdfunding will end up with a huge issue because Enabling Public Disclosure – all 3 are needed. Make sure all inventors’ listed – remember that if listed do NOT have to consult with you. Example from PGCC where the first guy said he did not have IP protection and was there seeking help and the second guy left an important piece at home.Website – copyright every 3 months for blog, careful re copyright taking others’ photos – just because no C does not mean that not still copyright issue. Also if you have videos done, make sure you have the copyright.Software created by outsiders – if they violate copyright and put into your code, can be a problem if not shown (open source read the T&Cs regardless). Need to have all IP assigned. Have business attorney check documents.DO NOT FORGET ABOUT managing IP – need to look for dates, renewals, maintenance fees etc.
  • Infringement is real issues
  • Practice Safe Crowdfunding - Las Vegas!

    1. 1. "TRAKLIGHT", "ID YOUR IP", "IP VAULT", and "IP CLOUD" are registered trademarks of The PIP Vault, LLC. © MMXIII The PIP Vault, LLC. All Rights Reserved.7 June 2013Mary Juetten, Founder & CEO
    2. 2. Start on the Right TrakDo NOT start with creating a:CampaignPitchorBusiness PlanTHIS APPLIES TO ALL FINANCING!Disclaimer: This is intended to be general information. Nothing in this presentation constituteslegal advice. Please consult with an attorney before making any intellectual property protectiondecisions.
    3. 3. Got Intellectual Property?IDENTIFY your IP BEFOREYOUR CAMPAIGN HERE
    4. 4. Why Care…• IP theft costs US companies $250billion annually• 100% of all companies have IP• 700K new startups annually vs. 20%protected IP after 1st year• IP is most valuable asset and not onyour Balance Sheet• Exclude competition; Attractinvestment; Leverage & license• Avoid IP loss, infringement, orbusiness failure
    5. 5. What is IP?• Patents (utility & design)• Copyright ©• Trademark/Service mark TM SM ®• Trade secrets – unsung heroes
    6. 6. IP Misconceptions• IP is just for Tech Startups or Tech companies& Patents are the only IP for inventors• Trade secrets are the easiest to protect becausethere is no registration.• You can copy anything without a copyright ©• You can copyright an idea.• Domain = TM• If I pay for it, I own it.• Patents means right to makeor sell
    7. 7. WHO: IP Ownership Challenges• Multiple Inventors• Who are you? Employee• Who has the Rights? Company or you?• Are you going global?
    9. 9. • Idea• URL• Name• Know how• Video• Employees• Contractors• PartnersWHAT: Campaign or Plan
    10. 10. STEP 2: Protect IP• Do it Yourself:––• Hire a Professional:– Attorney, Consultant, Legal Zoom, Rocket Lawyer• Secrets:– Notary, TRAKLIGHT IP VAULT, Copyright software
    11. 11. • Date of Idea/Invention (First to Invent  FirstINVENTOR to file)• Date of Use• Date of Filing• Date of Conversion• RenewalsWHEN: Key Dates to Remember
    12. 12. Step 3: PICK PLATFORM How it works online!• EQUITY BASED: Online Business Plan Required
    14. 14. EQUITY is not EasyRequirements include:Financial StatementsBackground ChecksValuationBusiness Plan
    15. 15. GET READY NOWEquity is not yet LegalCreate a PipelineSame steps as other Financing Sources
    16. 16. STEP 4: RAISE SOCIAL CAPTIALSuccess is directly related to Social CapitalSocial Capital is more than Social MediaQuality not Quantity
    17. 17. CONTENT IS KINGExpertBlogsSpeakingSocial MediaPRStart working on this before you launch yourcampaign.
    18. 18. RESOURCES• CfPA, CfIRA• Annual Oct14th – 16th Convention & Bootcamp• – podcast• Getting Started with CrowdfundingInvesting for Dummies in a Day• Crowfunding Hatchery• Cloud – free resources& paid coaching• Crowdbuilder by Leverage PR- in-depthpublicity instruction, task and milestonemanagement, to integrated calendarsand media lists
    19. 19. ONLINECampaignBusiness PlanProjections`STEP 5: CREATE PITCH
    20. 20. READ READ READRead License & Permission to UseCheck out Creative Commons
    21. 21. Ignorance is not a DefenseBe Careful:VideoCopyBusiness Plans
    22. 22. • Incubators & Accelerators• Mentors• SBDC• SCORE• Startup America• Competitions• Angel Lists• Resources: TRAKLIGHT IP CLOUDAdditional Help
    24. 24. Remember!
    25. 25. Questions?Mary IPHELPU to 72727 for the latest white paperOr visit