Presentation for entrepreneurs on intellectual property basics. Includes an overview on why it's important to protect one's intellectual property via trademarks, patents and copyrights, requirements for filing their length of legal protection and avoiding "genericide."
Presented at the Kauffman FastTrack Women's Business Center by Crissa A. Seymour Cook of Hovey Williams, LLP.
As the legal landscape continues to evolve in terms of intellectual property law, the Los Angeles Business Journal once again turned to some of the leading IP attorneys and experts in the region to get their assessments regarding the current state of IP legislation, the new rules of copyright protection, licensing and technology, and the various trends that they have been observing, and in some cases, driving. Below is a series of questions the Business Journal posed to these experts and the unique responses they provided – offering a glimpse into the state of intellectual property law in 2014 – from the perspectives of those in the trenches of our region today.
Presentation for entrepreneurs on intellectual property basics. Includes an overview on why it's important to protect one's intellectual property via trademarks, patents and copyrights, requirements for filing their length of legal protection and avoiding "genericide."
Presented at the Kauffman FastTrack Women's Business Center by Crissa A. Seymour Cook of Hovey Williams, LLP.
As the legal landscape continues to evolve in terms of intellectual property law, the Los Angeles Business Journal once again turned to some of the leading IP attorneys and experts in the region to get their assessments regarding the current state of IP legislation, the new rules of copyright protection, licensing and technology, and the various trends that they have been observing, and in some cases, driving. Below is a series of questions the Business Journal posed to these experts and the unique responses they provided – offering a glimpse into the state of intellectual property law in 2014 – from the perspectives of those in the trenches of our region today.
WIPO Arbitration: Current Trends with Intellectual Property and Domain Name D...Jane Lambert
These are the slides of the presentation that my colleague, Joseph Dalby of the IP and Tech Law Group of 4-5 Gray's Inn Square, gave to the monthly arbitration forum of the Irish branch of the Chartered Institute of Arbitrators. Joseph had helped to set up the Irish domain name dispute resolution policy and he discussed it in some detail highlighting some of the differences between the Irish policy, the ICANN Universal Domain Name Dispute Resolution Policy ("UDRP"), the Nominet Dispute Resolution Service Policy and the Czech Court of Arbitration Rules for the resolution of disputes in the ".eu" top level domain name space. Joseph also discussed the legal issues likely to arise from the new generic top level domain names.
Trade-marks & the Internet: Protecting Brands on the Internet and in Soc...lorrainefleck
A guest lecture for the trade-mark law class at Queen’s University’s Faculty of Law on protecting trade-marks on the Internet and in social media. Includes recommendations for brand protection best practices.
Knobbe Martens Partners Catherine Holland, Lynda Zadra-Symes, Jeff Van Hoosear and Jonathan Hyman give insight into the major trademark law issues across multiple jurisdictions, covering: ownership and scope of trademarks, application for registration, appeal of failed applications, third-party opposition to registration, duration and maintenance of marks, assignment, markings, types of trademark enforcement proceedings, procedural format and timing, discovery, litigation costs, defenses and remedies and appeals.
Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Trademarks 2016, (published in September 2015) For further information please visit www.gettingthedealthrough.com.
What’s in a Name? Everything! Trademark and Copyright EssentialsJason Springer
Your company name, your slogan and the goodwill of your customers are critical to elevating your bottom line. This free seminar will show you how to protect, leverage and capitalize on these valuable assets, and provide useful tips on protecting and enforcing your rights as a business owner.
IP And Licensing What You Need To Know About Trademarks, Patents And Licens...sdgarrison
A general overview of trademarks, patents and common issues in license agreements presented on March 25, 2011 for The Entrepeneurs Initiative in Tucson, Arizona
A business’s brand defines it in the market and allows consumers to identify products associated with the business. As such, in today’s competitive marketplace, businesses must carefully choose which brands to develop and how to protect those brands from competitors. This webinar discusses some of the challenges that businesses are likely to face when initially choosing a brand, and later protecting that brand.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/choosing-building-protecting-your-brand-2020/
WIPO Arbitration: Current Trends with Intellectual Property and Domain Name D...Jane Lambert
These are the slides of the presentation that my colleague, Joseph Dalby of the IP and Tech Law Group of 4-5 Gray's Inn Square, gave to the monthly arbitration forum of the Irish branch of the Chartered Institute of Arbitrators. Joseph had helped to set up the Irish domain name dispute resolution policy and he discussed it in some detail highlighting some of the differences between the Irish policy, the ICANN Universal Domain Name Dispute Resolution Policy ("UDRP"), the Nominet Dispute Resolution Service Policy and the Czech Court of Arbitration Rules for the resolution of disputes in the ".eu" top level domain name space. Joseph also discussed the legal issues likely to arise from the new generic top level domain names.
Trade-marks & the Internet: Protecting Brands on the Internet and in Soc...lorrainefleck
A guest lecture for the trade-mark law class at Queen’s University’s Faculty of Law on protecting trade-marks on the Internet and in social media. Includes recommendations for brand protection best practices.
Knobbe Martens Partners Catherine Holland, Lynda Zadra-Symes, Jeff Van Hoosear and Jonathan Hyman give insight into the major trademark law issues across multiple jurisdictions, covering: ownership and scope of trademarks, application for registration, appeal of failed applications, third-party opposition to registration, duration and maintenance of marks, assignment, markings, types of trademark enforcement proceedings, procedural format and timing, discovery, litigation costs, defenses and remedies and appeals.
Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Trademarks 2016, (published in September 2015) For further information please visit www.gettingthedealthrough.com.
What’s in a Name? Everything! Trademark and Copyright EssentialsJason Springer
Your company name, your slogan and the goodwill of your customers are critical to elevating your bottom line. This free seminar will show you how to protect, leverage and capitalize on these valuable assets, and provide useful tips on protecting and enforcing your rights as a business owner.
IP And Licensing What You Need To Know About Trademarks, Patents And Licens...sdgarrison
A general overview of trademarks, patents and common issues in license agreements presented on March 25, 2011 for The Entrepeneurs Initiative in Tucson, Arizona
A business’s brand defines it in the market and allows consumers to identify products associated with the business. As such, in today’s competitive marketplace, businesses must carefully choose which brands to develop and how to protect those brands from competitors. This webinar discusses some of the challenges that businesses are likely to face when initially choosing a brand, and later protecting that brand.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/choosing-building-protecting-your-brand-2020/
A business’s brand defines it in the market and allows consumers to identify products associated with the business. As such, in today’s competitive marketplace, businesses must carefully choose which brands to develop and how to protect those brands from competitors. This webinar discusses some of the challenges that businesses are likely to face when initially choosing a brand, and later protecting that brand.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/choosing-building-protecting-your-brand-2021/
Presentation made at MIT Enterprise Forum of Russia Startup Bootcamp (9-11 December, Moscow). http://mitef.ru/ru/events/recent-events/282-startup-bootcamp-2011
Introduction to Patents and IP CommercializationHasit Seth
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
Introduction to Patents and IP Commercialization. These are slides from a talk I gave at Venture Center NCL (National Chemical Laboratory) in Pune, India to a audience of scientists involved in nanotechnology.
Learning ObjectivesAfter studying this chapter, you should be ab.docxsmile790243
Learning Objectives
After studying this chapter, you should be able to:
1. Describe the business tort of misappropriating a trade secret.
2. Describe how an invention can be patented under federal patent laws and the penalties for patent infringement.
3. List the items that can be copyrighted and describe the penalties of copyright infringement.
4. Define trademark and service mark and describe the penalties for trademark infringement.
5. Define cyber piracy and describe the penalties for engaging in cyber infringement of intellectual property rights.
Chapter Outline
1. Introduction to Intellectual Property and Cyber Piracy
2. Intellectual Property
3. Trade Secret
1. Ethics • Coca-Cola Employee Tries to Sell Trade Secrets to Pepsi-Cola
4. Patent
1. Case 7.1 • U.S. Supreme Court Case • Association for Molecular Pathology v. Myriad Genetics, Inc.
2. Contemporary Environment • Leahy-Smith America Invents Act (AIA)
5. Copyright
1. Critical Legal Thinking Case • BMG Music v. Gonzalez
2. Case 7.2 • U.S. Supreme Court Case • Kirtsaeng v. John Wiley & Sons, Inc.
3. Digital Law • Digital Millennium Copyright Act
6. Trademark
1. Case 7.3 • Intel Corporation v. Intelsys Software, LLC
2. Case 7.4 • V Secret Catalogue, Inc. and Victoria’s Secret Stores, Inc. v. Moseley
3. Global Law • International Protection of Intellectual Property
“The Congress shall have the power . . . to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
Article 1, Section 8, Clause 8 of the U.S. Constitution
Introduction to Intellectual Property and Cyber Piracy
The U.S. economy is based on the freedom of ownership of property. In addition to real estate and personal property, intellectual property rights have value to both businesses and individuals. This is particularly the case in the modern era of the Information Age, computers, and the Internet.
Federal law provides protections for intellectual property rights, such as patents, copyrights, and trademarks. Certain federal statutes provide for either civil damages or criminal penalties, or both, to be assessed against infringers of patents, copyrights, and trademarks. Trade secrets form the basis of many successful businesses, and they are protected from misappropriation. State law imposes civil damages and criminal penalties against persons who misappropriate trade secrets.
“And he that invents a machine augments the power of a man and the well-being of mankind.”
Henry Ward Beecher
Proverbs from Plymouth Pulpit—Business
This chapter discusses trade secrets, patents, copyrights, and trademarks and how to protect them from infringement, misappropriation, and cyber piracy.
Intellectual Property
Intellectual property is a term that describes property that is developed through an intellectual and creative process. Intellectual property falls into a category of property known as intangible rights, which are not tang ...
The business of writing, owning, licensing and monetizing code has become more complicated due to the evolution of SaaS and the move to mobile, meaning a proliferation of apps and APIs. Proper awareness of how to own your code (or not), how to license it, how to allow others to subscribe to it, how to protect it and how monetize it is critical for every developer. IP and IT lawyer Brad Frazer will discuss these topics and more in a lively, interactive Code Camp session.
GraphRAG is All You need? LLM & Knowledge GraphGuy Korland
Guy Korland, CEO and Co-founder of FalkorDB, will review two articles on the integration of language models with knowledge graphs.
1. Unifying Large Language Models and Knowledge Graphs: A Roadmap.
https://arxiv.org/abs/2306.08302
2. Microsoft Research's GraphRAG paper and a review paper on various uses of knowledge graphs:
https://www.microsoft.com/en-us/research/blog/graphrag-unlocking-llm-discovery-on-narrative-private-data/
Slack (or Teams) Automation for Bonterra Impact Management (fka Social Soluti...Jeffrey Haguewood
Sidekick Solutions uses Bonterra Impact Management (fka Social Solutions Apricot) and automation solutions to integrate data for business workflows.
We believe integration and automation are essential to user experience and the promise of efficient work through technology. Automation is the critical ingredient to realizing that full vision. We develop integration products and services for Bonterra Case Management software to support the deployment of automations for a variety of use cases.
This video focuses on the notifications, alerts, and approval requests using Slack for Bonterra Impact Management. The solutions covered in this webinar can also be deployed for Microsoft Teams.
Interested in deploying notification automations for Bonterra Impact Management? Contact us at sales@sidekicksolutionsllc.com to discuss next steps.
"Impact of front-end architecture on development cost", Viktor TurskyiFwdays
I have heard many times that architecture is not important for the front-end. Also, many times I have seen how developers implement features on the front-end just following the standard rules for a framework and think that this is enough to successfully launch the project, and then the project fails. How to prevent this and what approach to choose? I have launched dozens of complex projects and during the talk we will analyze which approaches have worked for me and which have not.
Software Delivery At the Speed of AI: Inflectra Invests In AI-Powered QualityInflectra
In this insightful webinar, Inflectra explores how artificial intelligence (AI) is transforming software development and testing. Discover how AI-powered tools are revolutionizing every stage of the software development lifecycle (SDLC), from design and prototyping to testing, deployment, and monitoring.
Learn about:
• The Future of Testing: How AI is shifting testing towards verification, analysis, and higher-level skills, while reducing repetitive tasks.
• Test Automation: How AI-powered test case generation, optimization, and self-healing tests are making testing more efficient and effective.
• Visual Testing: Explore the emerging capabilities of AI in visual testing and how it's set to revolutionize UI verification.
• Inflectra's AI Solutions: See demonstrations of Inflectra's cutting-edge AI tools like the ChatGPT plugin and Azure Open AI platform, designed to streamline your testing process.
Whether you're a developer, tester, or QA professional, this webinar will give you valuable insights into how AI is shaping the future of software delivery.
LF Energy Webinar: Electrical Grid Modelling and Simulation Through PowSyBl -...DanBrown980551
Do you want to learn how to model and simulate an electrical network from scratch in under an hour?
Then welcome to this PowSyBl workshop, hosted by Rte, the French Transmission System Operator (TSO)!
During the webinar, you will discover the PowSyBl ecosystem as well as handle and study an electrical network through an interactive Python notebook.
PowSyBl is an open source project hosted by LF Energy, which offers a comprehensive set of features for electrical grid modelling and simulation. Among other advanced features, PowSyBl provides:
- A fully editable and extendable library for grid component modelling;
- Visualization tools to display your network;
- Grid simulation tools, such as power flows, security analyses (with or without remedial actions) and sensitivity analyses;
The framework is mostly written in Java, with a Python binding so that Python developers can access PowSyBl functionalities as well.
What you will learn during the webinar:
- For beginners: discover PowSyBl's functionalities through a quick general presentation and the notebook, without needing any expert coding skills;
- For advanced developers: master the skills to efficiently apply PowSyBl functionalities to your real-world scenarios.
Dev Dives: Train smarter, not harder – active learning and UiPath LLMs for do...UiPathCommunity
💥 Speed, accuracy, and scaling – discover the superpowers of GenAI in action with UiPath Document Understanding and Communications Mining™:
See how to accelerate model training and optimize model performance with active learning
Learn about the latest enhancements to out-of-the-box document processing – with little to no training required
Get an exclusive demo of the new family of UiPath LLMs – GenAI models specialized for processing different types of documents and messages
This is a hands-on session specifically designed for automation developers and AI enthusiasts seeking to enhance their knowledge in leveraging the latest intelligent document processing capabilities offered by UiPath.
Speakers:
👨🏫 Andras Palfi, Senior Product Manager, UiPath
👩🏫 Lenka Dulovicova, Product Program Manager, UiPath
UiPath Test Automation using UiPath Test Suite series, part 4DianaGray10
Welcome to UiPath Test Automation using UiPath Test Suite series part 4. In this session, we will cover Test Manager overview along with SAP heatmap.
The UiPath Test Manager overview with SAP heatmap webinar offers a concise yet comprehensive exploration of the role of a Test Manager within SAP environments, coupled with the utilization of heatmaps for effective testing strategies.
Participants will gain insights into the responsibilities, challenges, and best practices associated with test management in SAP projects. Additionally, the webinar delves into the significance of heatmaps as a visual aid for identifying testing priorities, areas of risk, and resource allocation within SAP landscapes. Through this session, attendees can expect to enhance their understanding of test management principles while learning practical approaches to optimize testing processes in SAP environments using heatmap visualization techniques
What will you get from this session?
1. Insights into SAP testing best practices
2. Heatmap utilization for testing
3. Optimization of testing processes
4. Demo
Topics covered:
Execution from the test manager
Orchestrator execution result
Defect reporting
SAP heatmap example with demo
Speaker:
Deepak Rai, Automation Practice Lead, Boundaryless Group and UiPath MVP
PHP Frameworks: I want to break free (IPC Berlin 2024)Ralf Eggert
In this presentation, we examine the challenges and limitations of relying too heavily on PHP frameworks in web development. We discuss the history of PHP and its frameworks to understand how this dependence has evolved. The focus will be on providing concrete tips and strategies to reduce reliance on these frameworks, based on real-world examples and practical considerations. The goal is to equip developers with the skills and knowledge to create more flexible and future-proof web applications. We'll explore the importance of maintaining autonomy in a rapidly changing tech landscape and how to make informed decisions in PHP development.
This talk is aimed at encouraging a more independent approach to using PHP frameworks, moving towards a more flexible and future-proof approach to PHP development.
State of ICS and IoT Cyber Threat Landscape Report 2024 previewPrayukth K V
The IoT and OT threat landscape report has been prepared by the Threat Research Team at Sectrio using data from Sectrio, cyber threat intelligence farming facilities spread across over 85 cities around the world. In addition, Sectrio also runs AI-based advanced threat and payload engagement facilities that serve as sinks to attract and engage sophisticated threat actors, and newer malware including new variants and latent threats that are at an earlier stage of development.
The latest edition of the OT/ICS and IoT security Threat Landscape Report 2024 also covers:
State of global ICS asset and network exposure
Sectoral targets and attacks as well as the cost of ransom
Global APT activity, AI usage, actor and tactic profiles, and implications
Rise in volumes of AI-powered cyberattacks
Major cyber events in 2024
Malware and malicious payload trends
Cyberattack types and targets
Vulnerability exploit attempts on CVEs
Attacks on counties – USA
Expansion of bot farms – how, where, and why
In-depth analysis of the cyber threat landscape across North America, South America, Europe, APAC, and the Middle East
Why are attacks on smart factories rising?
Cyber risk predictions
Axis of attacks – Europe
Systemic attacks in the Middle East
Download the full report from here:
https://sectrio.com/resources/ot-threat-landscape-reports/sectrio-releases-ot-ics-and-iot-security-threat-landscape-report-2024/
Intellectual Property Issues in International Commerce
1. Intellectual Property Issues inIntellectual Property Issues in
International CommerceInternational Commerce
International Law SectionInternational Law Section
Idaho State BarIdaho State Bar
October 27, 2011October 27, 2011
Brad FrazerBrad Frazer
Hawley TroxellHawley Troxell
208.388.4875208.388.4875
bfrazer@hawleytroxell.combfrazer@hawleytroxell.com
2. Why do you care?Why do you care?
Hypothetical: Your client starts selling itsHypothetical: Your client starts selling its
patented mousetrap in the U.S. under thepatented mousetrap in the U.S. under the
trademark “Mouseraser.” Six weeks later, youtrademark “Mouseraser.” Six weeks later, you
learn that a company in Sweden is selling thelearn that a company in Sweden is selling the
patented mousetrap there under the brand namepatented mousetrap there under the brand name
“Mousey-Racer.”“Mousey-Racer.”
Hypothetical: Two months later, that sameHypothetical: Two months later, that same
Swedish company starts selling mouse poison inSwedish company starts selling mouse poison in
the U.S. under the “Mousey-Racer” brand. Thatthe U.S. under the “Mousey-Racer” brand. That
same company also registered the domainsame company also registered the domain
names “mouseraser.se,” “mousey-racer.com”names “mouseraser.se,” “mousey-racer.com”
and “mouseraser.cn.”and “mouseraser.cn.”
3. Types of Intellectual Property (“IP”)Types of Intellectual Property (“IP”)
1.1. PatentsPatents
2.2. TrademarksTrademarks
3.3. Domain Names (and Twitter usernames?Domain Names (and Twitter usernames?
Facebook pages?)Facebook pages?)
4.4. CopyrightsCopyrights
5.5. Trade SecretsTrade Secrets
6.6. IP created by contract (“NDA’s”)IP created by contract (“NDA’s”)
Focus today on trademarks and domainFocus today on trademarks and domain
namesnames
4. What are trademarks?What are trademarks?
A trademark or service mark is any word,A trademark or service mark is any word,
slogan, logo, symbol, sound, color, smell,slogan, logo, symbol, sound, color, smell,
or other item that serves as a means ofor other item that serves as a means of
commercial source identification of acommercial source identification of a
product or service.product or service.
E.g., Nike, Coke, Geico Gecko--or GeicoE.g., Nike, Coke, Geico Gecko--or Geico
CavemenCavemen
5. Types of U.S. TrademarkTypes of U.S. Trademark
ProtectionProtection
Common Law™ - unregisteredCommon Law™ - unregistered
– In the U.S., trademark rights arise throughIn the U.S., trademark rights arise through
use, not through registration.use, not through registration.
State Registration – the “truly local”State Registration – the “truly local”
Federal Registration® - interstateFederal Registration® - interstate
Registration in the U.S. requiresRegistration in the U.S. requires
acceptable “trademark use.”acceptable “trademark use.”
6. Trademark Electronic Search System(Tess)
Record 1 out of 1
(6) FOR SITUATIONS FOR WHICH NO DRAWING IS POSSIBLE, SUCH AS SOUND
Goods and
Services
IC 004. US 001 006 015. G & S: Oil based metal cutting fluid and oil based metal
removal fluid for industrial metal working. FIRST USE: 20000131. FIRST USE IN
COMMERCE: 20000131
Mark Drawing
Code
(6) FOR SITUATIONS FOR WHICH NO DRAWING IS POSSIBLE, SUCH AS
SOUND
Serial Number 76079064
Filing Date June 20, 2000
Current Filing
Basis
1A
Original Filing
Basis
1A
Supplemental
Register Date
December 18, 2001
Registration
Number
2560618
Registration Date April 9, 2002
Owner (REGISTRANT) Midwest Biologicals, Inc. CORPORATION INDIANA 3404 State
Road 101 Woodburn INDIANA 46797
Attorney of
Record
Mark F. Smith
Description of
Mark
The mark is a scent mark having the scent of bubble gum.
7.
8. Trademark Electronic Search System(Tess)
Record 1 out of 1
(6) FOR SITUATIONS FOR WHICH NO DRAWING IS POSSIBLE, SUCH AS SOUND
Goods and
Services
IC 009. US 021 023 026 036 038. G & S: computer hardware and computer operating software,
microprocessors, integrated circuits and semiconductor devices. FIRST USE: 19941000. FIRST USE
IN COMMERCE: 19941000
Mark Drawing
Code
(6) FOR SITUATIONS FOR WHICH NO DRAWING IS POSSIBLE, SUCH AS SOUND
Serial Number 75332744
Filing Date July 29, 1997
Current Filing
Basis
1A
Original Filing
Basis
1A
Published for
Opposition
November 16, 1999
Registration
Number
2315261
Registration Date February 8, 2000
Owner (REGISTRANT) Intel Corporation CORPORATION DELAWARE 2200 Mission College Blvd. Santa
Clara CALIFORNIA 95052
Attorney of
Record
J PAUL WILLIAMSON
Description of
Mark
The mark consists of a five tone audio progression of the notes D FLAT, D FLAT, G, D FLAT and A
FLAT.
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead
Indicator
LIVE
9.
10. Advantages to Federal (U.S.)Advantages to Federal (U.S.)
Registration:Registration:
Constructive notice nationwide of TM owner'sConstructive notice nationwide of TM owner's
claim.claim.
Evidence of ownership of the trademark.Evidence of ownership of the trademark.
Jurisdiction of the federal courts may beJurisdiction of the federal courts may be
invoked.invoked.
Registration can be used as a basis forRegistration can be used as a basis for
obtaining registration in foreign countries.obtaining registration in foreign countries.
Registration may be recorded with U.S. CustomsRegistration may be recorded with U.S. Customs
Service to prevent importation of infringingService to prevent importation of infringing
foreign goods.foreign goods.
11. InfringementInfringement
Is the defendant using a confusinglyIs the defendant using a confusingly
similar trademark to sell or advertise asimilar trademark to sell or advertise a
related line of goods or services?related line of goods or services?
Is there a likelihood of consumerIs there a likelihood of consumer
confusion as to the source of the infringingconfusion as to the source of the infringing
goods?goods?
12. bfrazer@hawleytroxell.com / @bfrazjdbfrazer@hawleytroxell.com / @bfrazjd
What are domain names?What are domain names?
A domain name correlates words to aA domain name correlates words to a
numeric identifier called an “IP Address”numeric identifier called an “IP Address”
that tells your web browser where to lookthat tells your web browser where to look
for a particular web site.for a particular web site.
Top-level domains, e.g., .com and .netTop-level domains, e.g., .com and .net
(gTLDs).(gTLDs).
Second-level domains, e.g., “Amazon.”Second-level domains, e.g., “Amazon.”
ccTLDs—e.g., .tw (Taiwan), .uk (UnitedccTLDs—e.g., .tw (Taiwan), .uk (United
Kingdom), .cn (China), .se (Sweden); alsoKingdom), .cn (China), .se (Sweden); also
are Top-level Domainsare Top-level Domains
13. Are trademarks and domain namesAre trademarks and domain names
the same thing?the same thing?
Amazon.com is bothAmazon.com is both
What about Golden Acres RetirementWhat about Golden Acres Retirement
Community, whose website URL isCommunity, whose website URL is
boiseretirement.com?boiseretirement.com?
Consider the impact of the new gTLDs!Consider the impact of the new gTLDs!
14.
15. International Considerations:International Considerations:
Always protect your IP in the UnitedAlways protect your IP in the United
States first!States first!
Creates priority dates for otherCreates priority dates for other
jurisdictions.jurisdictions.
Utilizes a familiar, definitive regulatory andUtilizes a familiar, definitive regulatory and
statutory scheme.statutory scheme.
Builds value and good will.Builds value and good will.
16. International Considerations:International Considerations:
Always search in the otherAlways search in the other
jurisdictions before commencingjurisdictions before commencing
commerce!commerce!
Dangers: infringement liabilityDangers: infringement liability
Dangers: impoundmentDangers: impoundment
Dangers: injunctionDangers: injunction
17. International Protection--International Protection--
TrademarksTrademarks
Trademarks are “territorial.”Trademarks are “territorial.”
National filingsNational filings
Centralized filingsCentralized filings
– Madrid Protocol (EU is now a contractingMadrid Protocol (EU is now a contracting
party)party)
– Community Trademark (EU)Community Trademark (EU)
18. International Protection—International Protection—
Trademarks (cont’d)Trademarks (cont’d)
““First-to-File” Jurisdiction?First-to-File” Jurisdiction?
– E.g., China, Germany, JapanE.g., China, Germany, Japan
– Versus a “common law,” first-to-useVersus a “common law,” first-to-use
jurisdiction (U.S., Canada, Australia)jurisdiction (U.S., Canada, Australia)
– Conflicts are inevitableConflicts are inevitable
Many times a combination of approachesMany times a combination of approaches
is needed.is needed.
19. International Protection—International Protection—
Domain NamesDomain Names
Aggressive and proactive registrationAggressive and proactive registration
of ccTLDs (.co is a lot like .com)of ccTLDs (.co is a lot like .com)
ICANN UDRP—maybe; policies varyICANN UDRP—maybe; policies vary
by registrar and registry. Seeby registrar and registry. See
http://arbiter.wipo.int/domains/cctld_db/index.htmlhttp://arbiter.wipo.int/domains/cctld_db/index.html
Anticybersquatting ConsumerAnticybersquatting Consumer
Protection Act?Protection Act?
20. Other International IssuesOther International Issues
Licensing and IP OwnershipLicensing and IP Ownership
PiracyPiracy
Agreement on Trade Related Aspects ofAgreement on Trade Related Aspects of
Intellectual Property Rights (TRIPS)Intellectual Property Rights (TRIPS)
Anti-Counterfeiting Trade Agreement (ACTA)Anti-Counterfeiting Trade Agreement (ACTA)
– Signed October 1, 2011, by United States, Australia,Signed October 1, 2011, by United States, Australia,
Canada, Japan, Morocco, New Zealand, Singapore,Canada, Japan, Morocco, New Zealand, Singapore,
and South Koreaand South Korea
Strategy Targeting Organized Piracy (STOP!) (Strategy Targeting Organized Piracy (STOP!) (
http://www.stopfakes.gov/http://www.stopfakes.gov/ ))
U.S. Customs and Border ProtectionU.S. Customs and Border Protection
21. Take-AwaysTake-Aways
Protect IP in the United States first.Protect IP in the United States first.
Perform searches in target jurisdictions.Perform searches in target jurisdictions.
Protect IP in other jurisdictions quickly.Protect IP in other jurisdictions quickly.
– Note on patents and disclosures . . .Note on patents and disclosures . . .
Use Treaties and Border Enforcement.Use Treaties and Border Enforcement.