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Intellectual Property (What Is Protected by Trademark Law (Shapes…
Intellectual Property
What Is Protected by Trademark Law
Shapes
Examples
Unique Shape of the Apple iPhone
Microsoft Squares Logo
Colours
Examples
Nexium - The "Purple Pill"
Fragances
Examples
Stationery Treated with a Special Fragrance
Perfume
Trade Dress
Examples
The Layout and Décor of a Restaurant
Sounds
Examples
MGM's Lion's Roar
Sega's "Sega" Tune
Designs and Logos
Examples
Nike Swoosh Logo
Adidas Logo
Numbers and Letters
Examples
3M
MSNBA
1-800-FLOWERS
Words
Examples
PledgeMusic
GiftZip
Youtube
What is Protected By a Copyright
Computer Software
Pantomimes and Choreographic Works
Literary Works
Musical Compositions
Dramatic Works
Pictorial, Graphics and Sculptural Works
What Isn't Protected by Trademark Law
Deceptive Matter
Example
Labeling oranges “Fresh Florida Oranges” that aren’t grown in Florida
Descriptive Marks
Example
Phrases like “golf ball” and “fried chicken” are descriptive and can’t be trademarked
Immoral or Scandalous Matter
Example
Profane Words
Surnames
Example
Common surnames like “Jones” or “Smith” can’t be trademarked
Basics of Intellectual Property
Importance
Traditionally, businesses have thought of their physical assets, such as land, buildings, and equipment as the most important.
Increasingly, however, a company’s intellectual assets are the most important.
Determining What Intellectual Property to Protect
Criteria 1
Determine Whether the IP in Question is Directly Related to the Firm's Competitive Advantage
Criteria 2
Decide Whether the IP in Question has Value in the Marketplace
Common Mistakes Firms Make Regarding to Protecting Their IP
Not Properly Identifying All of Their IP's
Not Fully Recognizing the Value of IP's
Not Legally Protecting the IP's that Need Protecting
Not Using Their IP's as Part of Their Overall Plan for Success
The Four Key Forms of Intellectual Properties
Patents
A patent is a grant from the government conferring the rights to exclude others from making, selling, or using an invention for the term of the patent.
Since Patent #1 was granted in 1790, the U.S. Patent & Trademark Office has granted over six million patents.
The patent office is strained. It now takes an average of 35.3 months from the date of first filing to receive a U.S. patent.
Different in Ireland – decreasing patent activity
Types Of Patents
Utility
New or useful process, machine, manufacturer, or composition of material or any new and useful improvement thereof.
20 years from the date of the original application.
Desgin
Invention of new, original, and ornamental design for manufactured products.
14 years from the date of the original application.
Plant
Any new varieties of plants that can be reproduced asexually.
20 years from the date of the original application.
Business Method/Special Utility Patent
A business method patent is a patent that protects an invention that is or facilitates a method of doing business.
Examples
Netflix
Amazon
Priceline
Patent Infringement
Takes place when one party engages in the unauthorized use of another party’s patent.
The tough part (particularly from a small entrepreneurial firm’s point of view) is that patent infringement cases are costly to litigate.
Trademarks
A trademark is any word, name, symbol, or device used to identify the source or origin of products or services and to distinguish those product or services from others.
Types Of Trademarks
Trademark
Any word, name, symbol, or device used to identify and distinguish one company’s goods from another.
Renewable every 10 years, as long as the mark remains in use.
Service Mark
Similar to trademarks; are used to identify the services or intangible activities of a business, rather than a business’s physical products.
Renewable every 10 years, as long as the mark remains in use.
CopyRights
Grants to the owner of a work of authorship the legal right to determine how the work is used and to obtain the economic benefits from the work.
A work does not have to have artistic merit to be eligible for copyright protection.
As a result, things such as operating manuals and sales brochures are eligible for copyright protection.
Process of Obtaining a Trademark
Step 2
Perform a Trademark Search
Step 3
Create Rights in the Trademark
Step 1
Select an Appropriate Mark
Requirements and Process for a Patent
Three Basic Requirements For Obtaining a Patent
Novel
It Must be Different From What has Come Before
Not Obvious
It must be Not Obvious to a Person of Ordinary Skill in the Field
Useful
It Must Have Utility
Process
Step1
Make Sure the Invention is Practical
Step 2
Document When the Invention was Made
Step 3
Get and IP Lawyer, Cost of Application Approximately €5,000+
Step 4
Conduct a Patent Search
Step 5
File a Patent Application
Step 6
Obtain a Decision from Irish Patent Office
What Isn't Protected by Copyright
Idea-Expression Dichotomy
Example
An entrepreneur may have the idea to open a soccer-themed restaurant. The idea itself is not eligible for copyright protection. However, if the entrepreneur writes down specifically what his or her soccer-themed restaurant will look like and how it will operate, that description is copyrightable