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Published bySandra Armstrong Modified over 7 years ago
Adult Toy Vault Consulting for Protecting IP: Copyrights and Trademarks
Adult Toy Vault Storage Co. CEO – Nicole Oversees operations CIO – Lauren Heads up information research CTO – Patrick Provides Technological support
The Home Depot Problem Statements 1. Is there a way for Homer to be recognized as the Home Depot mascot and protected? 2. You all know the saying, “You can do it. We can help.” How can we protect this and should we? 3. We are such a large corporation… should we just not bother with this?
About Home Depot Founded in 1978 World’s largest home improvement specialty retailer Over 2,200 retail location in the United States Fiscal 2007 retail sales were $77.3 billion
Copyrights… What are they? A form of protection provided by U.S. laws to the authors of “original works of authorship” Forms Included: Literary Musical Artistic Other intellectual works Protects both published and unpublished works
1976 Copyright Act Gives the owner the exclusive right to do and to authorize others to: Reproduce the work Prepare derivative works based on the original Distribute copies to the public by sale, rental… Perform the work publicly Display the work publicly Perform the work by digital transmission
How to Get a Copyright Assistant Professor Mary Kilpatrick explains the steps taken in this edition of The Massachusetts School of Law's: A Point of Law. Video
How to Get a Copyright 1.Application: 1.Title of work 2.Author’s name and address 3.Year of creation 4.Type of work 5.Signature 2.$45 fee 3.Copy of work 4.3-4 month processing period
Copyrights Effect on The Home Depot Signature “How-To” Instructions Company training/ management booklets Material posted on the website
Trademarks What Are They? A unique word, phrase, symbol, or design (or a combination of the listed items) that identifies and distinguishes a company's products or services from products and services of another company.
Do You Know These Trademarks?
Trademarks… Do They Need to be Registered? Trademark registration is not required … What happens if use of your mark is challenged? Establish rights in a mark based on legitimate use (federal and state level) Without a registered trademark it can impossible to file for compensation or to ask other persons to stop using your mark Federal registration allows action to be brought to federal court and allows you to place the “ ® ” after your mark. Trademark registration also allows you the basis for registration in other countries.
Trademarks… How do I register one? Five main steps: Trademark search (costs anywhere between $25-$500), Fill out application & pay $325 fee, Examination of mark occurs 2-4 months post filing Publication in Official Gazette and issuance of registration certificate Ongoing trademark protection Option 1: Do it by yourself Can be risky: higher chance of rejection of application Option 2: Hire a trademark attorney to advise you on compliance with trademark statute and rules. May cost more, but gives you added assurance that the appropriate steps are being taken. Less time spent personally corresponding with government
Trademark Registration Site: MyTrademarkRegistration.com Provides registration service packages ranging from $795 for the Startup Package to $1695 for the Gold Package (prices include search and filing fees). Walton Law Firm P.C. headquartered in Las Vegas, NV and has clients around the world Offers filing of trademark application within 3-14 business days of consultation.
Protecting Home Depot’s Intellectual Property Register as a Trademark/ Copyright CONSPROS CONS Leave unprotected and hope no one tries to profit off of you Less hassle filling out paperwork, money saved not having to pay fees or hire attorney Loss of goodwill, loss of control over company image, competitors profit off of your work Time spent on filing, money spent on attorneys and fees, legitimate use must occur to maintain Ability to claim damages, protection of use, more control over company image
Addressing Problem #1: Protecting Homer Consider consulting with an attorney for ongoing assistance Follow the steps for registration of a trademark described previously. For help, visit www.nolo.com and www.mytrademarkregistration.com www.nolo.com www.mytrademarkregistration.comwww.nolo.com www.mytrademarkregistration.com Consider purchasing one of the help books from Nolo (cost $9.95 and up)
Addressing Problem #2: “You can do it. We can help” Consider consulting with an attorney for ongoing assistance Follow the steps for registration of a trademark described previously. For help, visit www.nolo.com and www.mytrademarkregistration.com www.nolo.com www.mytrademarkregistration.comwww.nolo.com www.mytrademarkregistration.com Consider purchasing one of the help books from Nolo (cost $9.95 and up)
Response to Problem #3: Should we even bother? Protecting intellectual property is critical to fostering innovation. Piracy, counterfeiting, and theft are very real threats. 7-8% of trade each year (www.stopfakes.gov) This number is continually growing Registration is the base for worldwide protection through registration in other countries Even protecting your instructions and management manuals is key! Maintain Competitive advantage & protect profits!!!
Summary Still Confused? Okay, one last time: the difference between copyrights, patents and trademarks is: Video Video Recommendations Review: Investigate desired trademarks and copyrights Look into hiring an attorney Complete a copyright registration form at www.copyright.gov www.copyright.gov File a federal trademark application with www.uspto.gov www.uspto.gov Visit websites in reading list for other legal knowledge pertaining to trademarks before consulting a lawyer
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