Trademarks:
Trademarks are words, symbols, logos, pictures or packaging used to
identify the source or origin of a product or service. In the United
States, trademark protection arises from use of a mark in commerce;
additional protections are afforded by registering a mark with the
United States Patent and Trademark Office (“USPTO”). An application for
registration with the USPTO may be based on actual use of a mark in
commerce 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 located at:
http://www.uspto.gov/web/offices/tac/tmfaq.htm and the
International Trademark Association's website:
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 original
creative works, including, but not limited to, literary, musical,
dramatic, scientific and artistic works which are fixed in a tangible
medium of expression. A holder of a copyright has the exclusive right
(for a limited time) to reproduce, distribute, perform and display the
work in a public forum, and may create derivative works based on the
original copyrighted material. Copyright protection is automatically
available when the author creates the work and fixes it in a tangible
medium, such as writing it on paper, recording it on tape or saving it
to a computer disk. Registration with the Library of Congress is not
required to obtain a copyright, but it is required before a copyright
owner may bring an infringement lawsuit in federal court.
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 an extremely valuable right (limited in time) granted
by the U.S. government. The patent grants the patent owner the right to
exclude others from making, using or selling an invention or offering it
for sale. The invention must be novel, non-obvious, useful, and
specifically described in a patent application. There are no common law
rights in a patent; rather, the invention must be claimed in a patent
application filed with the USPTO. There are three types of patents
issued by the USPTO:
(1) utility patents, which are granted for (a) a process or method
for producing a useful, concrete, and tangible result, (b) machines, (c)
articles of manufacture and (d) compositions of matter;
(2) design patents, which are granted for designs of useful objects
that are new, original and ornamental; and
(3) plant patents, which are granted for seeds or plants which are
novel and non-obvious.
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 with an advantage in the marketplace and are 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 bound automatically 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 examples of unfair
competition claims are: false advertising, right of publicity, 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’s
or another’s goods or services.
