The document discusses intellectual property insurance which provides funds to defend against or pursue intellectual property lawsuits. Such lawsuits over copyright infringement can be very expensive, potentially costing hundreds of thousands to millions of dollars. Intellectual property insurance policies offer offensive coverage to enforce rights against infringers and defensive coverage to defend against accusations of infringement. These relatively inexpensive policies, starting under $10,000 annually, can help growing companies avoid being forced out of business by expensive litigation. The insurance allows companies to control lawsuits and remain financially stable.
- Small and large businesses are increasingly forming "profit center captives" as a way to profit from risk by selling insurance products like warranties to their customers.
- Large companies like Verizon and Walmart have been successfully selling insurance products to customers for years, realizing new profits. These small insurance programs within larger companies are called "profit center captives".
- Profit center captives allow companies to take on third-party risks from customers or other external parties, converting those premiums paid into new revenue streams and profits for the company. They provide benefits like strengthening customer relationships and diversifying revenue.
1. Captive insurance is becoming more viable for middle-market companies as a way to customize coverage to their needs and gain more control over claims payments compared to traditional commercial insurers.
2. Choosing the right domicile is important, as not all jurisdictions are the same. For a captive to be economically feasible, it needs to operate in a jurisdiction with an efficient and accessible regulatory environment.
3. Proper tax structuring and management of the captive insurer is critical to achieve tax benefits under the Internal Revenue Code and avoid penalties. With the right advisors, captives can provide benefits to middle-market companies while complying with tax laws.
1) The document discusses how IP InvEstIgAtOr uses discretion when acquiring trademarks, trade names, and domain names on behalf of clients undergoing rebranding due to economic downturns.
2) It describes tactics used such as creating holding companies to anonymously acquire assets and prevent price gouging, and in some cases acquiring similar names to the desired ones.
3) The document explains that negotiating for trademarks can take months, and discretion is key to acquiring assets without the owners identifying the true clients or purposes until brands are ready to launch.
Captive insurance programs have grown in popularity as a way for middle-market companies to customize insurance policies to fill gaps left by conventional insurers' exclusions and provide more stable costs. Through examples, the document outlines how captive insurers can be used to insure risks conventional insurers do not cover, such as extended warranties, loss of key employees, and business processes. Captive insurers allow companies to tailor coverage to their specific needs while avoiding the high costs and claim denial issues that sometimes occur with traditional insurance carriers.
This document summarizes a lecture on valuing software and intellectual property protection. It discusses why software should be valued, principles of valuation, open source software, market value of software companies, intellectual capital, the life cycle of software innovation, business models, patents, copyrights, trade secrets, risks of outsourcing, effects of tax havens, and protecting trade secrets. Methods of intellectual property protection include patents, copyrights, and trade secrets. Trade secrets must be defended through agreements and prosecuted when violated.
Managing IP In Light of Changing US Patent LawIanliu
This document discusses strategic intellectual property management and how U.S. patent law is changing. It provides an overview of strategic IP management, including creating, maximizing, and realizing IP value. It then summarizes how recent Supreme Court cases and proposed patent law reforms have impacted licensing and litigation strategies. When asked about a competitor's new product, the document advises reviewing existing patents for potential licensing or litigation in light of evolving legal standards regarding obviousness and injunctions.
This document provides guidance on managing intellectual property rights in Brazil. It stresses the importance of protecting IP rights through preventative measures to reduce risks and costs of litigation. These measures include conducting thorough research on existing IP rights before filing applications in Brazil to avoid infringement claims. The document also recommends continuously monitoring for other applications that could cause confusion with your own trademarks after filing an application. Overall it aims to help companies maximize the competitive advantage and value of their IP assets in Brazil.
This document provides tips for teaching children to save money at different ages and life stages:
1) For preschoolers, start with a piggy bank and set simple, short-term saving goals to make it concrete.
2) For elementary through middle school, tie an allowance to responsibilities and divide it into sections for spending, saving, giving, and investing.
3) For high schoolers, expand responsibilities to include gifts, clothing, activities, and technology. Encourage direct deposit of paychecks, saving for college, and starting an IRA with earned income.
- Small and large businesses are increasingly forming "profit center captives" as a way to profit from risk by selling insurance products like warranties to their customers.
- Large companies like Verizon and Walmart have been successfully selling insurance products to customers for years, realizing new profits. These small insurance programs within larger companies are called "profit center captives".
- Profit center captives allow companies to take on third-party risks from customers or other external parties, converting those premiums paid into new revenue streams and profits for the company. They provide benefits like strengthening customer relationships and diversifying revenue.
1. Captive insurance is becoming more viable for middle-market companies as a way to customize coverage to their needs and gain more control over claims payments compared to traditional commercial insurers.
2. Choosing the right domicile is important, as not all jurisdictions are the same. For a captive to be economically feasible, it needs to operate in a jurisdiction with an efficient and accessible regulatory environment.
3. Proper tax structuring and management of the captive insurer is critical to achieve tax benefits under the Internal Revenue Code and avoid penalties. With the right advisors, captives can provide benefits to middle-market companies while complying with tax laws.
1) The document discusses how IP InvEstIgAtOr uses discretion when acquiring trademarks, trade names, and domain names on behalf of clients undergoing rebranding due to economic downturns.
2) It describes tactics used such as creating holding companies to anonymously acquire assets and prevent price gouging, and in some cases acquiring similar names to the desired ones.
3) The document explains that negotiating for trademarks can take months, and discretion is key to acquiring assets without the owners identifying the true clients or purposes until brands are ready to launch.
Captive insurance programs have grown in popularity as a way for middle-market companies to customize insurance policies to fill gaps left by conventional insurers' exclusions and provide more stable costs. Through examples, the document outlines how captive insurers can be used to insure risks conventional insurers do not cover, such as extended warranties, loss of key employees, and business processes. Captive insurers allow companies to tailor coverage to their specific needs while avoiding the high costs and claim denial issues that sometimes occur with traditional insurance carriers.
This document summarizes a lecture on valuing software and intellectual property protection. It discusses why software should be valued, principles of valuation, open source software, market value of software companies, intellectual capital, the life cycle of software innovation, business models, patents, copyrights, trade secrets, risks of outsourcing, effects of tax havens, and protecting trade secrets. Methods of intellectual property protection include patents, copyrights, and trade secrets. Trade secrets must be defended through agreements and prosecuted when violated.
Managing IP In Light of Changing US Patent LawIanliu
This document discusses strategic intellectual property management and how U.S. patent law is changing. It provides an overview of strategic IP management, including creating, maximizing, and realizing IP value. It then summarizes how recent Supreme Court cases and proposed patent law reforms have impacted licensing and litigation strategies. When asked about a competitor's new product, the document advises reviewing existing patents for potential licensing or litigation in light of evolving legal standards regarding obviousness and injunctions.
This document provides guidance on managing intellectual property rights in Brazil. It stresses the importance of protecting IP rights through preventative measures to reduce risks and costs of litigation. These measures include conducting thorough research on existing IP rights before filing applications in Brazil to avoid infringement claims. The document also recommends continuously monitoring for other applications that could cause confusion with your own trademarks after filing an application. Overall it aims to help companies maximize the competitive advantage and value of their IP assets in Brazil.
This document provides tips for teaching children to save money at different ages and life stages:
1) For preschoolers, start with a piggy bank and set simple, short-term saving goals to make it concrete.
2) For elementary through middle school, tie an allowance to responsibilities and divide it into sections for spending, saving, giving, and investing.
3) For high schoolers, expand responsibilities to include gifts, clothing, activities, and technology. Encourage direct deposit of paychecks, saving for college, and starting an IRA with earned income.
This document discusses important things for business owners to consider when reviewing their insurance coverage. It outlines 11 key points to check, such as accurately describing your business activities, ensuring property addresses are correct, having adequate security, and setting appropriate liability limits. The document stresses getting the right level of coverage for items like contents, loss of income, equipment inspections, and staff travel. It advises business owners to prepare an asset register, read their insurance documents carefully, and request a free review from an insurance broker to ensure they have the insurance protection needed for their specific business needs.
This document discusses intellectual property litigation insurance and its significance. It provides an overview of IP insurance and how it can help companies facing IP lawsuits. Specifically, it discusses two scenarios where Company A and Company B face IP issues and how IP insurance could help both. It also examines different types of IP insurance policies and how they can cover various IP risks like patents, trademarks, copyrights and trade secrets. The document analyzes benefits and criticisms of mandatory IP insurance policies and provides suggestions to address concerns and expand coverage.
Identifing And Controlling Intellectual Property Loss ExposuresMVeterano
The document discusses risk management principles for intellectual property loss exposures. It identifies the four main techniques for managing risk: avoidance, reduction, sharing, and retention. It then provides examples of how these techniques can be applied to intellectual property risks like patent infringement. The document also summarizes different types of intellectual property insurance policies that are available to help companies transfer IP risks.
Patent Quality Isn't the Question. Patent Value Is the Question.Erik Oliver
Why is patent value a better metric to use to set patent strategy? What sources of patent value can be identified for high technology companies? We review how patents are used and how they can be valued based upon their use.
This document provides advice to financial advisors on how to help wealthy clients protect their assets from lawsuits. It recommends that advisors:
1) Educate clients on the growing risk of lawsuits and how to compartmentalize assets using tools like LLCs, limited partnerships, and asset protection trusts to shelter 90% or more of a client's net worth.
2) Determine what defensive planning clients have already done, as things like revocable living trusts are not sufficient for asset protection.
3) Advise clients to properly title assets to legitimate entities with real business purposes to make piercing the corporate veil more difficult.
Strategic Counter-Assertion Model - Richardson Oliver Law Group - IAM #72 Jul...Kent Richardson
This document discusses developing a strategic patent portfolio to mitigate risks from potential patent asserters. It involves:
1) Identifying sources of patent risk, including competitors, customers, suppliers within the ecosystem and large corporate patent asserters.
2) Assessing risks by estimating potential costs of disputes with asserters, likelihood of assertions, and expected annual costs.
3) Calculating how much a company should invest in its patent portfolio annually to reduce risks to a sustainable level based on expected costs. The approach aims to develop a portfolio that deters threats and reduces licensing fees.
The Strategic Counter-Assertion Model for Patent Portfolio ROIErik Oliver
Targeting the revenues of other companies according to the patent assertion risk they present effectively defines your patent development and external acquisition strategies. We show how to build a financial model to determine where you spend your patent development and buying dollars and then how to calculate risk and ROI.
UCC insurance provides coverage for commercial loans secured by non-real estate collateral. It insures the validity, enforceability, attachment, perfection, and priority of a lender's security interest. Originally conceived in 2000, UCC insurance has grown tremendously over the past 15 years and is now a standard requirement for many major lenders and investors. The author, an original architect of UCC insurance, outlines how the product was developed based on the existing model of real estate title insurance and how it has addressed risks to lenders around properly perfecting security interests under Article 9 of the Uniform Commercial Code.
The document discusses protecting fine art collections from loss. It notes that transit is a major risk as art is moved between locations. Catastrophic events also pose risks to art collections. The author interviews an expert who notes the importance of properly insuring art for its appraised value and obtaining documentation of authenticity and provenance to prove ownership if a loss occurs.
The document is a newsletter from the law firm Tharpe & Howell summarizing recent business law developments. It discusses several court cases related to personal guarantees, maintaining corporate separateness, employer liability for cyberbullying, and tenant waivers. It also provides information on new personal guarantee insurance, the proposed Cybersecurity Act of 2012, and vicarious liability when a special relationship exists.
Cyber Security and Insurance Coverage Protection: The Perfect Time for an AuditNationalUnderwriter
Cyber Security and Insurance Coverage Protection: The Perfect Time for an Audit by Lynda Bennett
2014 ended almost the same way that it began for most companies – having concerns about cyber security and hackers. At the beginning of the year, the news cycle was focused on breaches that took place in the consumer product space as Target, Michael’s, Neiman Marcus, and Home Depot worked fast and furious to address breaches that led to concerns about a massive amount of credit card information possibly being “in the open.” Later in the year, we learned that corporate giants like JPMorgan Chase and Apple were not immune from cyber security breaches as still more personally identifiable information and very personal photographs were released into the public domain. Finally, as 2014 drew to a close, the entertainment industry was further rocked by the cyber-attack on Sony Corp., which led to even broader concerns about national security and terrorist threats.
Features of a Captive Insurance Strategy CBIZ, Inc.
A captive insurance company allows businesses to minimize risk mitigation costs by recapturing underwriting profits usually earned by commercial insurers. It provides broader coverage than commercial insurance, including risks that are hard to insure. Using a captive insurance strategy can reduce insurance costs by 30-40% by allowing businesses to deduct premiums paid and retain investment income. Captives provide flexibility in coverage options and claims control processes.
The document summarizes an interview with Stewart Feldman about the benefits of forming a captive insurance company. Key points include:
- Captives allow business owners to insure risks not covered by traditional insurance and control rising costs.
- Mid-sized businesses with over $1 million in profits annually are good candidates for captives.
- Benefits include tax deductions, control over coverage, and potential profits from underwriting.
- Captives can be owned solely by a business or jointly and allow owners to choose specific risks to insure.
Lost laptops, misplaced paper records, cyber theft - breaches are a fact of life. But they don't have to be a disaster. Breach veterans know that the impact of a data loss event is substantially determined by what happens in the 48 hours after you find out about it. Get things right, and even a substantial and public breach can be weathered gracefully. Mess things up, and a small breach can turn into a nightmare.
This webinar will review critical steps organizations can take in the wake of a breach. Our featured speaker will be privacy and compliance expert, Deb Hampson who is an AVP & Assistant General Counsel at The Hartford. Don't miss this opportunity to learn best practices from a proven professional.
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Captive insurance companies allow companies to insure and manage their own risks. They provide benefits for commercial real estate companies who deal with risks like workers compensation, general liability, floods, and loss of rents. Captive insurance structures include pure/single parent captives, group captives, and micro-captives. Micro-captives in particular provide tax benefits and flexibility for smaller companies. While captives provide advantages like tailored coverage and tax benefits, they also involve additional costs and regulatory requirements. Commercial real estate companies should evaluate whether a captive insurance company fits with their risk management strategy.
Protecting Intellectual Property and Data Loss Prevention (DLP)Arpin Consulting
Protecting Intellectual Property and Data Loss Prevention (DLP) – what makes your business unique, different, valuable, and attracts clients and customers - presented at the Boston Business Alliance 9/23/09
This document discusses key insurance coverages for entrepreneurial companies including property, product liability, cyber risk, intellectual property infringement, and international risks. It also outlines common risks that keep CFOs awake including financial, human capital, intellectual capital, operational risks, regulatory risks, and credit risks. The document then discusses building scalable insurance programs and the importance of management liability insurance including directors and officers liability, employment practices liability, fiduciary liability, and ERISA bonds. It concludes with an overview of privacy and cyber risks and coverages.
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2) Determine what defensive planning clients have already done, as things like revocable living trusts are not sufficient for asset protection.
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2) Assessing risks by estimating potential costs of disputes with asserters, likelihood of assertions, and expected annual costs.
3) Calculating how much a company should invest in its patent portfolio annually to reduce risks to a sustainable level based on expected costs. The approach aims to develop a portfolio that deters threats and reduces licensing fees.
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- Captives allow business owners to insure risks not covered by traditional insurance and control rising costs.
- Mid-sized businesses with over $1 million in profits annually are good candidates for captives.
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- Captives can be owned solely by a business or jointly and allow owners to choose specific risks to insure.
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Similar to Insurance Against Copyright Claims, R. Mahl (20)
1. AS SEEN IN CALIFORNIA APPAREL NEWS
Insurance Against Copyright
Claims—and Copied Designs
By Robert S. Mahl
CONTRIBUTING WRITER
Imagine the following scenario: You have property litigation. There are two main types
established a newly capitalized apparel de- of coverage available: One, called “abate-
sign and distribution company with a ment” or “offensive” coverage, helps an in-
“unique,” cutting-edge product that has gen- tellectual-property holder enforce its rights
erated retail interest and orders. But soon against an infringer. The other, called “de-
after your product is on shelves, you receive fensive” coverage, helps defend a company
a “cease and desist” order from an industry if it is accused of infringing someone else’s
conglomerate on a particular pattern, or copyright. The defense policy also will pay
your mark, demanding you immediately for certain damages, if incurred.
pull all product from stores. Intellectual-property insurance is relative-
You are certain your design is original— ly inexpensive—especially considering the
yet your attorney informs you that holding cost of a full-blown lawsuit. Individual poli-
ground and defending an intellectual- cies covering minimum enforcement or de-
property lawsuit against an industry giant— fense limits of $100,000 start below $10,000
even if you are right—could be a business- in annual premiums. The policies can pro-
ending exercise. vide limits up to $5 million and offer protec-
Indeed, the biggest problem with litiga- tion for patents and copyrights, as well as
tion, no matter what kind, is the expense. trademarks. Most growing firms choose lim-
The American Intellectual Property Law its in the $2 million range, with premium
Association estimates the cost of a costs in the $25,000 to $50,000 range.
trademark-infringement lawsuit to be in the These types of coverage are of major im-
range of $700,000 to $1.25 million, just for portance to companies in the start-up cate-
fees and expenses. The loser frequently also gor y through the middle-market range of
pays damages, including royalties, lost prof- $200 million in revenue. As organizations
its and even the opposing side’s legal fees. To grow beyond a couple hundred million, they
enforce intellectual property or defend generally can afford litigation, so they
against accusations is often enough to force a choose to “self insure” for the risk.
company out of business. Other benefits of carr ying intellectual-
What are your options if you are involved property insurance are:
in defending an intellectual-property lawsuit •Your investors will feel safer if you have
or going after an infringer of your intellec- a policy to help protect their investment in
tual property? your company.
Ask yourself: •You will be in a stronger position to ne-
•Do you have the funds to defend your- gotiate licensing deals.
self if you are sued for infringement? •The pressure to settle rather than incur
•Do you have the funds to institute a law- mounting legal expenses is reduced.
suit against an infringer without using op- •You control the lawsuit and dictate set-
erating capital or personal cash? tlement terms rather than the insurance
In most cases, a company’s commercial company.
general liability insurance policy will not •Should the court award damages to your
cover intellectual property. As a result, adversary, the policy will pay those damages
many well-established companies will at- up to the remaining policy limits. I
tempt to defeat new competitors by chal-
lenging their intellectual property, rather Robert S. Mahl is vice president/apparel-
than compete against them in the open mar- industry practice leader of Sander A. Kessler
ket. Fortunately, though, there is an insur- & Associates Inc., a Santa Monica,
ance solution. Calif.–based full-service insurance broker
Intellectual property–infringement insur- catering to an apparel-industry clientele.
ance provides funds to help pay the fees and
costs required to be successful in intellectual-
A Primer on Intellectual Property
•Intellectual property refers to ideas—designs, brands, inventions, and the good-
will and reputation of a company. In the fashion industry, this translates to the compet-
itive niche of a company’s product or brand. Intellectual property is traditionally protect-
ed by—or granted rights through—the institutions of copyright, patent and trademark.
These established rights, however, are uncertain when applied to particular segments
of the fashion industry.
•A copyright is technically the right to copy. It is granted for creative, intellectual or
artistic forms (“works”). This is, by many legal opinions, in contrast to a “useful article.”
Apparel is usually deemed to be useful by nature. It covers the body and provides
warmth, protection and privacy. A distinctive neckline, unusual curve or ribbing, while
creative and eye-catching, rarely warrants protection under copyright law. Jewelry and
artistic patterns, which adorn clothes, and other “applied art,” are typically copy-
rightable.
•Patent law generally protects a new invention, process, machine or composition of
matter. There are two types of patents: utility patents, which cover the underlying idea
or function, and design patents, which protect its ornamental value. This “ornamental
design” is defined only by drawings. It protects the novelty of a design. Unfortunately,
in order to be patentable, both a utility and a design must be “novel” and “non-obvi-
ous.” This tends to limit the merits of patent protection for most apparel. One exception,
however, has been in the athletic-shoe industry, in which competitors have used patent
protection to their advantage. One of the biggest problems with a patent is the average
of two years required to obtain one from the U.S. Patent and Trademark Office.
•Trademarks may offer the most viable protection for intellectual property in the
fashion industry. A trademark is essentially the identifying factor of a product—a Guc-
ci bag or a Ralph Lauren polo shirt. In both cases, the name of the source of the
product is highly valuable. It conveys the reputation, goodwill and strength of the brand
and distinguishes the product from competition. Trademark rights can be used in litiga-
tion to accuse competition of using confusing logos or names on similar products or of
using the reputation of the accuser to increase sales.—R.S.M.
12 CALIFORNIA APPAREL NEWS MARCH 16–22, 2007