Types of Intellectual Property Issues

Trademarks: 

Trademarks are words, symbols, pictures or packaging used to identify a product or service’s origin.  Trademark protection is available by common law use of a mark and by registering it with the United States Patent and Trademark Office (“USPTO”).  An application for registration with the USPTO can be based on actual use or a bona fide intention to use the mark in commerce at a later date.

 

For answers to frequently asked questions concerning trademarks, we recommend the United States Patent and Trademark's website http://www.uspto.gov/web/offices/tac/tmfaq.htm and the International Trademark Association's site  http://www.inta.org/index.php?option=com_simplefaq&task=display&Itemid=60&catid=284&getcontent=1

 

 

Copyrights: 

Copyright protection is available for a wide variety of creative works, including, but not limited to, literary, musical, scientific and artistic works which are fixed in a tangible medium of expression.  A holder of a copyright has the exclusive right to distribute, perform and display their work in a public forum, and may also reproduce and create derivative work based on their works.  Copyright protection is available when the work is created and fixed in a tangible medium, such as on paper, tape or on computer storage.  Registration with the Library of Congress is not required for a copyright, but it is required before an infringement lawsuit involving a work of U.S. origin can be commenced.

 

For answers to frequently asked questions concerning copyright issues, we recommend the Library of Congress' website at http://www.copyright.gov/help/faq/

 

 

Patents: 

A patent is right given to an inventor by the U.S. government to become the exclusive owner of an invention.  The invention must be novel, nonobvious and specifically described in a patent application.  There are no common law rights in a patent and the invention must be applied for with the USPTO.   There are three types of patents issued by the USPTO:  Utility patents, which are a process or method for producing a useful, concrete, and tangible result, design patents, which are designs that are novel, nonobvious and nonfunction.  Plant patents refer to plants which are novel and nonobvious.

 

For more information on patents, see the United States Patent and Trademark Office's web page at http://www.uspto.gov/web/offices/pac/doc/general/faq.htm

 

 

Trade Secrets: 

Trade secrets are ideas, formulas, or processes which provide the owner of that information with an advantage in the marketplace and is reasonably expected to be kept secret.  Trade secret protection is available for information which is set out as confidential.  This can be done by preparing non-disclosure and confidentiality agreements which establish a duty of confidentiality.  Some people may be automatically be bound by a duty of confidentiality by the nature of their relationship with the company and whether they frequently come in contact with the information.

 

A good article concerning trade secret protection can be found at http://www.bizjournals.com/seattle/stories/2001/05/21/focus12.html

 

 

Unfair Competition: 

Unfair competition refers to actions which cause economic injury to business through deceptive or wrongful action.  Some of these types of actions are false advertising, invasion of privacy and deceptive trade practices. 

 

 

False Advertising: 

False advertising is a misrepresentation made by a company in the course of business.  The misrepresentation generally refers to the nature, characteristics, qualities or geographic origin of the company or another’s goods or services.