Intellectual Property

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iSoda

Geezeit

Furlined

Taylor Stitch

GGX Global Green Exchange

iMilkiMilk

iMilk

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Doing it wrong is very expensive! Failure to do a trademark search is evidence of bad faith and can result in:

–turnover of all profits–attorneys’ fees (theirs AND yours)

–punitive damages and penalties

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Building a brand based on defensible IP is extremely valuable.– A recognizable brand typically increases a

company’s value by over 100%!– Example: Coca-Cola brand is worth $39

billion.– Warren Buffet buys companies based on

brand strength.– Allows for licensing revenue and other

residuals.– Lucrative damage claims against infringers.

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Best Referrals:– People starting a company based on ideas or brands

– iPhone application developers– web-based businesses– inventors

– Anyone who has been infringed, plagiarized, copied, etc.– In particular, start-ups who have both technology and a need for capital

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Why me?– Individuals and start-ups desperately

need:–sophisticated advice–an affordable budget

– I have years of experience in helping clients decide what they really need and what budget works for them.

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Arbitrary or Fanciful Marks

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Descriptive Marks – Must have secondary meaning, which can be acquired over 5 years.

Oven Fresh

Fatless FryPhonetic Spellings

Foreign Language Words

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Suggestive Marks – No secondary meaning requirement.

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Generic Marks –

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Trade Dress – Overall appearance of a product.

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CopyrightsForms of expression protected, not ideas, method, concept or principle. Not facts or information (telephone book listings).

Live music performances protected, but otherwise, must be in fixed form.

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Protected – Books, music, sound recordings, photographs, sculptures, architecture, computer programs.

Copyright covers derivative works and rights of performance. Last for lifetime plus 70 years.

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Damages for infringement include actual and statutory damages and attorney’s fees if registered within 3 months.

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Trade SecretsInformation that is (1) not generally known,

(2) valuable, and(3) maintained with secrecy.

Can protect secrets forever.

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PatentsUtility patent – 20 year monopoly for

(1) original,(2) useful, and(3) non-obvious applications.

E=mc2 is just an idea, a theory and is not subject to patent.

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Design patents – 14 year monopoly for new, original and ornamental designs for articles of manufacture. Need not be useful. Similar in some ways to copyright, but patents prevent reverse engineering. Example: Coca Cola bottle (also a protected trademark).

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Start at about $10,000 and average 3 years to prosecute.

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Trademark Requirements• More than token use in a commercial context.

• Physically associated with the good or on docs physically associated with sale.

• Not confusingly similar to existing mark.

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Trade names – important to distinguish

Service Mark – ok if mark used on advertising or promotional materials

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If your website functions only to advertise your own business (www.buchalter.com), then it is not a service mark, it is just an address on the internet. To trademark a last name (Wheeler’s Law Services), must have proof of distinctiveness.