Intellectual Property The Hard Way: Part I; Forbes, August 7, 2018

Mary Juetten, Forbes;

Intellectual Property The Hard Way: Part I

  

[Kip Currier: Cautionary real-world tale about the vital need for Intellectual Property literacy, and "consulting with a lawyer on a regular basis", as the author of this article--the first in a Forbes series of "IP Tales from the Crypt"-esque stories--encourages.]

"In the startup tips series, both the need for intellectual property (IP) protection and foundational protections, like employment and contract agreements were outlined. However, I would like to shift gears now and start a series of lessons learned or in some cases, IP horror stories. If you are interested in contributing please see below.

I spoke with New Orleans lawyer, Andrew Legrand of Spera Law about an interesting cautionary tale concerning an artist who had developed a logo for a small business about ten years prior and the business that paid for it but did not have the rights assigned.  In other words, you do not necessarily get what you pay for. There will be a theme in our stories where clients either do not know that they need to identify and protect their IP or they consciously decide that it’s not worth the time or money."

A trademark can protect that clever slogan; Houston Chronicle, July 2, 2018

Jacqueline Taylor, Houston Chronicle; A trademark can protect that clever slogan

"Q: I’ve come up with a catchy and distinctive slogan for my new small business, and I’d like to make sure no one else uses it. Would a trademark legally protect it?

A: Good timing on your question. The UH Bauer College Small Business Development Center is offering a special workshop on “Protecting Your Business With Trademarks” from 9:30 a.m. to 12:30 p.m. on July 17. It will provide the answer and walk you through the process. You’ll learn how a strong trademark can not only protect your brand but also help customers find your business.

The workshop will be led by Anne Cullotta of the Culotta Law Firm. Register for the $29 class, which will be held at the SBDC’s Midtown office on Fannin Street, at sbdc.uh.edu.

The U.S. Patent and Trademark Office website, uspto.gov, also is a helpful resource. Find a detailed explanation of the trademark process; an explanation of the difference between patent, trademark and copyright protection; and the difference between registering a domain name, business name and trademark. The information will help you determine if trademark protection is what you’re looking for and what the process entails.

You should be aware that there’s a difference between what’s known as a “common law” trademark and a federally registered trademark."

Responsible Enforcement: How To Handle Trademark Disputes Effectively; Forbes, March 15, 2018

Art Neill, Forbes; Responsible Enforcement: How To Handle Trademark Disputes Effectively

"Co-author Teri Karobonik contributed to this post*

There are many different types of legal disputes that you might encounter when you own intellectual property. Trademark law protects consumers from confusion regarding the origin or source of a product or service. Trademarks can end up being a significant asset for your business because over time, your customers will be able to identify with the company. Your branding choices can make or break your business, and your trademarks will help you build that brand.

This means that you as a business owner should know what kind of protection your trademarks get you, how to maintain and use your trademarks (and those of another company), and when you should take action against someone using your trademarks. Trademarks can be expensive to get, more expensive to protect, and disastrous to your business if you lose protection. Because of these factors, trademark over-enforcement has become a bit of an epidemic, but it doesn’t have to be that way!

In the second part of this multi-part series (see part 1 on handling copyright infringement here), we provide some key tips and action steps for enforcing your trademarks responsibly online."

Saved by Alice: How a Key Supreme Court Decision Protects Businesses from Bad Patents; Electronic Frontier Foundation (EFF), June 22, 2017

Daniel Nazer and Elliot Harmon, Electronic Frontier Foundation (EFF); Saved by Alice: How a Key Supreme Court Decision Protects Businesses from Bad Patents

"In 2014’s Alice v. CLS Bank, the Supreme Court ruled that an abstract idea does not become eligible for a patent simply by being implemented on a generic computer. Since then, Alice has provided a lifeline for real businesses threatened or sued with bogus patents.

This week, on the third anniversary of Alice, EFF is launching a new series called Saved by Alice where we’ll collect these stories of times when Alice came to the rescue. Over the next few weeks, we’ll be sharing stories of business owners large and small. You’ll meet an app developer who was sued over a bogus patent on computerized treasure hunts, a software company whose customers were targeted by a patent troll, and a photographer sued for practices that had been common in the field for years. These stories all have one thing in common: someone with a patent on an abstract idea sued a small business, and that business could have lost everything. But Alice came to the rescue.

Why are we telling these stories? Because Alice is under attack. A few loud voices in the patent lobby want to amend the law to bring back these stupid patents. It’s time to tell the stories of the individuals and businesses that have been sued or threatened with patents that shouldn’t have been issued in the first place."

Economic Development: Intellectual property must be protected from theft; Billings Gazette, April 2, 2017

Dena Johnson and Jennifer Webber, Billings Gazette; 

Economic Development: Intellectual property must be protected from theft

"Rising "intellectual property crime in the United States and abroad threatens our public safety and economic well being.” US Department of Justice.

What does this mean for Main Street businesses? Are they at risk? Or is intellectual property (“IP”) protection only a concern for larger companies? The answer? IP should be a priority for every business owner no matter the size. Your company should “protect the programs and systems that support what makes your company successful and unique.” Federal Bureau of Investigation.

We interviewed attorney Jennifer L. Webber of WEBBERpllc (www.webberpllc.com) to learn more."

China defends its Trump trademark approvals as in line with law; Reuters, March 10, 2017

Reuters/Jason Lee; 

China defends its Trump trademark approvals as in line with law

"China's trademark office in recent weeks green-lighted 38 trademark applications linked to Trump, giving the U.S. president and his family protection were they to develop the "Trump" brand in the market.

The ties between politics and business have, however, prompted concern from politicians and rights groups who say the president could face potential conflicts of interest related to the extensive business affairs of his family...

Trump and his family, like many business owners, hold trademarks around the world, from business sectors such as apparel in the Philippines to golf clubs in Australia and property in Japan and South Korea."