Camille Stewart discusses how to guard your brand through intellectual property protections like trademarks, copyrights, and patents. She recommends determining which protections are needed immediately, registering your intellectual property, policing it online through tools like Google Alerts and Copyscape, and working with an attorney when necessary. Stewart also provides tips for using your brand online, like creative domain names, to help establish and protect your brand identity.

1. Guard Your Brand
Camille Stewart, Esq.
Marque Law
TheDigitalCounselor.com
Follow Me on Twitter!
@CamilleEsq
#DCDC
Disclaimer: This presentation does not constitute legal advice. Please consult with an
attorney for legal advice.

2. Name this brand
(c) 2014 Camille Stewart
www.TheDigitalCounselor.com
Photo credit: wikipedia

3. Meet the Original Brand
(c) 2014 Camille Stewart
www.TheDigitalCounselor.com
Those are not LEGO blocks: Those are Kiddicraft's "self-locking
building bricks," created 10 years before LEGO “invented” the
same thing.

4. Name this brand
(c) 2014 Camille Stewart
www.TheDigitalCounselor.com
Photo credit: www.today.com

5. Meet the Original brand
(c) 2014 Camille Stewart
www.TheDigitalCounselor.com
Hydrox cookies made their first appearance in 1908 as the signature product of a small
company called Sunshine Biscuits. They were greeted by the public with open arms and
single-handedly ruled the sandwich cookie market for four years ... until they noticed the
giant food company peeking interestedly over their shoulder. http://www.cracked.com/article_20025_5-world-
famous-products-that-are-shameless-rip-offs.html

6. A Case of Stolen IP:
Turner Barr v. Adecco
(c) 2014 Camille Stewart
www.TheDigitalCounselor.com
Article tag lines read things like “A multi-billion dollar corporation trying to promote
“youth employment” steals an independent travel blogger’s brand, idea, and even
likeness out from under him.” http://expertvagabond.com/around-the-world-in-80-jobs/

7. Why Guard Your Brand?
• Having your great idea or great brand stolen is a
major reason to invest in protecting your brand and
other intellectual property.
• Your brand is your calling card and as you establish
a reputation you want to be able to protect that from
dilution.
• Protect your revenue stream.
• At the center of guarding your brand: intellectual
property (IP) and the Internet.
▫ IP – “creations of the mind: inventions, literary and
artistic works, and symbols, names, images, and
designs used in commerce” - WIPO
(c) 2014 Camille Stewart
www.TheDigitalCounselor.com

8. How do you guard your brand?
1. Know the types of intellectual property
protection
▫ Trademarks - brand identifiers
▫ Copyrights - protect original works of artistic
expression
▫ Patents - protect new inventions
▫ Trade dress & trade secrets
2. Determine which protections you need
immediately & make your ownership
known
3. Register your IP
4. Police your IP
(c) 2014 Camille Stewart
www.TheDigitalCounselor.com

9. How to Acquire Rights
• Patents - Application, Examination and Grant
• Copyright - Writing something --
perfected by declaration and registration
• Trademarks - Use in Interstate Commerce,
then registration
(c) 2014 Camille Stewart
www.TheDigitalCounselor.com

10. Should I get an Attorney?
• Definitely
▫ Filing for a trademark, copyright (not usually
necessary) or patent
▫ Counseling on policing your IP
▫ Anytime you’re unsure – avoid costly mistakes
• Maybe
▫ Draft Cease & Desist Letter Templates
(c) 2014 Camille Stewart
www.TheDigitalCounselor.com

11. What can I do on my own?
• Keep track of your first use of trademarks, content,
logos, etc.
• Include the appropriate copyright © and trademark
symbols ® on your work.
• Watermark your images
• Have the reference link automatically populate when
content is copied
• Police your mark
(c) 2014 Camille Stewart
www.TheDigitalCounselor.com

12. Tools to Police Your IP
• Google alerts
• Copyscape.com
• Paid services

13. Making the Most of the Internet
• Register your domain
• Get creative using the new gTLDs
▫ Some that you might consider: “.guru” “.consulting”
“.ventures” “.photography” “.active” “.expert”
“.coach” “.lifestyle” “.shopping” “.events”
▫ Companyname.consulting
▫ FirstnameLastname.photography
▫ CamilleStewart.Esq
(c) 2014 Camille Stewart
www.TheDigitalCounselor.com

14. Questions?
Please visit
for more on this and other topics related to
intellectual property and cyber law.
Camille Stewart, Esq is Principal at her own consultancy,
Marque Law. Please reach out for help with anything
intellectual property or cyber law related. More info
available on the blog.
Follow me on Twitter! @CamilleEsq
(c) 2014 Camille Stewart
www.TheDigitalCounselor.com
TheDigitalCounselor.com