The document discusses various types of intellectual property including trademarks, copyrights, patents, and trade secrets. It provides tips for identifying, registering, protecting, and enforcing different forms of intellectual property. Some key recommendations include performing trademark searches before use, properly using trademark and copyright symbols, registering intellectual property with relevant agencies, documenting first use of trademarks, treating trade secrets confidentially, and using services like Traklight to help identify and store intellectual property.
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Avoiding Litigation with Maria Speth
1. Presented By:
Maria Crimi Speth
Jaburg & Wilk, P.C.
Avoiding Litigation:
Top Tips for Identifying & Mitigating Common Legal Mistakes
2. #1: What Is Intellectual Property
Trademarks
Copyrights
Trade Secrets
Patents
Not sure where to start?
Visit Traklight.com to ID your IP
today!
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4. #2: Top Valued Brands
Coca-Cola $70,452 million
IBM $64,727 million
Microsoft $60,895 million
Google $43,557 million
GE $42,808 million
McDonald’s $33,578 million
Intel $32,015 million
Nokia $29,495 million
Disney $28,731 million
HP $26,867 million
--Interbrands
7. #4: What Can Be a Trademark?
Names
Words (tag lines)
Pictures
Trade Dress
Colors
Sounds
Smells
8. #5: Trademark Symbols
Use ™ after a trademark or service mark that
is not registered with the USPTO
Use SM
after a service mark that is not registered
with the USPTO
Use ® after a trademark or service mark that is
registered with the USPTO
BONUS TIP: Use the correct one!
9. #6: Avoid Trademark Infringement
It’s Costly!
Is the use of the trademark likely to cause a
reasonable consumer to be confused about the
source of the goods or services or about
sponsorship of the goods or services?
10. BONUS TIP: Choosing a Trademark
Arbitrary/Fanciful
Suggestive
Descriptive
Generic
Protectio
n
11. Ad campaigns
Xerox Corp.’s “You can’t Xerox a Xerox on a Xerox. But we don’t mind at
all if you copy a copy on a Xerox® copier.”
Chrysler LLC’s “They invented ‘SUV’ because they can’t call them
Jeep®.”
Kimberly-Clark Corp.’s “ ‘Kleenex’ is a brand name…and should always
be followed by an ® and the word ‘Tissue.’ [Kleenex® Brand Tissue] Help
us keep our identity, ours.”
12. #7: Why Register with the USPTO
Constructive use throughout the U.S.
Presumed Valid
Prevent Others from Registering
Other Statutory Benefits
13. #8: Trademark Searches
Identify your potential TMs and:
– Search engine
– Preliminary -- www.uspto.gov
– Domain name
– Professional Trademark Search
BONUS TIP: Do this BEFORE you visit an
attorney- visit traklight.com to get started!
14. #9: Document Your First Use When
You Use It!
Invoices
Marketing materials
Website capture
Record dates & store
– Example: Traklight’s IP Vault
Time-Stamped
Third-Party Verification
Meta Data
15. #10: Don’t be Pennywise & Pound
Foolish
Consider using your attorney to:
– Register
– Proper Timing, Class
Mistakes can mean complete “do-over” costing
$275-325!
16. #11: Copyrights
– Paintings
– Sculptures
– Books
– Poems
– Songs/Music
– Software Programs
– Web Sites
– Trade Articles
– Videos
– Your business Plan
– Your Company Logo
– Your Corporate Image
• Original expression of an idea
• Fixed in a Tangible Form
17. #12: Legal Rights As Copyright
Owner
Exclusive right to:
– copy
– create derivative works
– distribute
– publicly display
Who owns the Copyright
– The creator owns the copyright
– It does not matter who paid for it
Terms
– Author’s life +70 years
– Work for hire lasts 95 years from publication or 120 years from
creation whichever comes first
– After expiration- work is in the public domain
19. Exceptions
• Assignment or transfer of the copyright in
writing
• Works for hire
• A work prepared by an employee in the scope of
employment
• A work specifically commissioned in one of nine
specific categories when there is a written
agreement stating that it is a work for hire
Example: Logo design, software code
20. #14: Why File Copyright
Registration?
Must be registered to file a lawsuit
Presumption that you are the owner
Statutory damages
Attorney fees
21. #15: “Fair Use” Defense to
Infringement
Fair use defense is very limited
– Can not in any way interfere with author’s ability to
benefit from the work
– Small portions
– Educational Purposes
– Parody
Note: Doesn’t always work!
22. #16: Patent Rights
– 20 year monopoly
– Public disclosure
– No renewals
– Does not create a right to sell
What Can Be Patented?
– Processes
– Machines
– Chemical compounds/formulas
– Software program
23. #17: Patent requirements
Must be new or novel
– Filed within one year of public disclosure/publication
– Demonstrably different from publicly available ideas,
inventions or products
Must be useful
Must be non obvious
24. #18: Trade Secrets
Proprietary Information
Software Code
Customer Lists
Formulas
Financial Information
Business Processes
Training methods
25. #19: How to Handle Trade Secrets
If you don’t want your competitors to see it then
treat it as a trade secret
Share on a need-to-know basis
Use NDAs when possible
Label as a trade secret
Identify Trade Secrets to your
employees/contractors
26. How Traklight Can Help:
ID your IP
– Identify your potential intellectual
property
– No prior IP knowledge required
– Custom strategic report
IP Vault
– Secure storage for IP
– Time-stamped
– Collaborative Vaults available
28. 10% OFF
A Collaborative IP Vault
Visit Traklight.com
Use the coupon code WEBINAR05
offer ends 5/31
Get started on IP Identification &
Protection Today!
Stay informed about IP! Become a Traklight member- it’s free!
@traklight
facebook.com/traklight
29. Maria Crimi Speth
Jaburg & Wilk, P.C.
mcs@jaburgwilk.com
602-248-1089
Avoiding Litigation:
Top Tips for Identifying & Mitigating Common Legal Mistakes