The 2010 Women Grow Business Boot CampSponsored & hosted byNetwork Solutions and Steptoe & Johnson LLPJune 19, 2010, Washington, D.C.
Overview of ProgramIntellectual Property and Social Media
Employment and Contract IssuesIntellectual Propertyand Social MediaIntellectual Property Basics
Trademarks 101
Social Media for Small BusinessesIntellectual Property TypesTrademarks
Patents
Copyrights
Trade DressWhat is a Trademark?A trademark is a mark, name, word, or symbol used to identify goods and to distinguish them from competitors’ offeringsExample:  COACH® leather goodsA service mark is the same as a trademark, but identifies the origin or sources of servicesExample: DELTA® for air travel services
What is a Patent?Exclusive right to prevent others from making, using, selling or importing an invention in the United StatesExists for a limited time onlyAfter expiration, invention becomes part of public domain and can be made, used, or sold by anyone
Copyright ExamplesBundle of exclusive rights in a “creative work”Includes right to reproduce a work, to create adaptations (“derivative works”), to distribute copies, and to publicly perform/display a workDesignsPatternsSound RecordingsPaintingsLiterary WorksSoftwareWhat is a Copyright?
What is Trade Dress?Overall look and feel of a product or its packagingSignifies to the consumer that it comes from a particular companySum-total of the appearance of the product or its packaging, including:TrademarksCopyrightsOther non-protectable design features
Trademarksand Domain NamesExamples of Trademarks
Importance of Trademarks in Business
Selecting a Trademark and Domain Name
Obtaining and Protecting Trademarks
Trademark and Domain Name Enforcement Basics
Proper Trademark UseSymbols/designs:
Numbers: The Many Faces of a TrademarkWords:Walmart®	American Red Cross®Letters:The Many Faces of a TrademarkSlogans:
Shapes:
Sounds:
Color:  Importance ofTrademarks in BusinessRepresent a company’s good will and reputation
Ensure that your customers and the public associate your brands with your business
Can be a company’s most valuable business assetChoosing a Trademark or Domain NameWhen choosing a trademark, consider whether the mark is available:
Is someone else using the same or a similar mark, especially for the same/similar goods or services?
Has someone filed an application for or registered the same or a similar mark?
Conduct a WHOIS search before selecting a domain nameObtaining and Protecting TrademarksTrademark rights in the United States are based on use
Trademark rights are geographical in scope
If a trademark is used locally, only local rights are granted
If a trademark is used in interstate commerce, national (federal) rights are granted
Registration of a trademark
Can apply based on current use of a mark
Can also apply based on a bona fide intent to use a mark in the near future
Allows time to do market research product development and regulatory clearance--and obtain rights in a clever mark!Trademark and Domain Name Enforcement BasicsMonitor the marketplace
Document situations of confusion
Help co-workers use your company’s marks properly
Honor and make proper use of other parties’ trademarksProper Use of TrademarksOnce obtained, trademarks must be protected and nurtured like any other property

"Legal Eagle" - presented by Kimberly Berry & Emily Murray at the #wgbiz Boot Camp

  • 1.
    The 2010 WomenGrow Business Boot CampSponsored & hosted byNetwork Solutions and Steptoe & Johnson LLPJune 19, 2010, Washington, D.C.
  • 2.
    Overview of ProgramIntellectualProperty and Social Media
  • 3.
    Employment and ContractIssuesIntellectual Propertyand Social MediaIntellectual Property Basics
  • 4.
  • 5.
    Social Media forSmall BusinessesIntellectual Property TypesTrademarks
  • 6.
  • 7.
  • 8.
    Trade DressWhat isa Trademark?A trademark is a mark, name, word, or symbol used to identify goods and to distinguish them from competitors’ offeringsExample: COACH® leather goodsA service mark is the same as a trademark, but identifies the origin or sources of servicesExample: DELTA® for air travel services
  • 9.
    What is aPatent?Exclusive right to prevent others from making, using, selling or importing an invention in the United StatesExists for a limited time onlyAfter expiration, invention becomes part of public domain and can be made, used, or sold by anyone
  • 10.
    Copyright ExamplesBundle ofexclusive rights in a “creative work”Includes right to reproduce a work, to create adaptations (“derivative works”), to distribute copies, and to publicly perform/display a workDesignsPatternsSound RecordingsPaintingsLiterary WorksSoftwareWhat is a Copyright?
  • 11.
    What is TradeDress?Overall look and feel of a product or its packagingSignifies to the consumer that it comes from a particular companySum-total of the appearance of the product or its packaging, including:TrademarksCopyrightsOther non-protectable design features
  • 12.
  • 13.
  • 14.
    Selecting a Trademarkand Domain Name
  • 15.
  • 16.
    Trademark and DomainName Enforcement Basics
  • 17.
  • 18.
    Numbers: The ManyFaces of a TrademarkWords:Walmart® American Red Cross®Letters:The Many Faces of a TrademarkSlogans:
  • 19.
  • 20.
  • 21.
    Color: ImportanceofTrademarks in BusinessRepresent a company’s good will and reputation
  • 22.
    Ensure that yourcustomers and the public associate your brands with your business
  • 23.
    Can be acompany’s most valuable business assetChoosing a Trademark or Domain NameWhen choosing a trademark, consider whether the mark is available:
  • 24.
    Is someone elseusing the same or a similar mark, especially for the same/similar goods or services?
  • 25.
    Has someone filedan application for or registered the same or a similar mark?
  • 26.
    Conduct a WHOISsearch before selecting a domain nameObtaining and Protecting TrademarksTrademark rights in the United States are based on use
  • 27.
    Trademark rights aregeographical in scope
  • 28.
    If a trademarkis used locally, only local rights are granted
  • 29.
    If a trademarkis used in interstate commerce, national (federal) rights are granted
  • 30.
  • 31.
    Can apply basedon current use of a mark
  • 32.
    Can also applybased on a bona fide intent to use a mark in the near future
  • 33.
    Allows time todo market research product development and regulatory clearance--and obtain rights in a clever mark!Trademark and Domain Name Enforcement BasicsMonitor the marketplace
  • 34.
  • 35.
    Help co-workers useyour company’s marks properly
  • 36.
    Honor and makeproper use of other parties’ trademarksProper Use of TrademarksOnce obtained, trademarks must be protected and nurtured like any other property