What do Amazon’s “1-Click” Shopping, the Apple brand, and Conan O’Brien’s Team Coco Digital, LLC all have in common? Their owners had the foresight to seek the expertise of an Intellectual Property (IP) attorney. It’s an easy misconception that only intricate, multi-million-dollar creations require legal intervention. After all, recent technology has made the patent process (one of several roles of an IP attorney) more accessible. Be that as it may, accessibility isn’t an indication that the scope of the intellectual property laws has narrowed. It only presents the inventor with another option and is no substitute for good sound legal advice and having the peace of mind of knowing that your rights are properly protected.
Some instances of attorney intervention are obvious, such as when someone has violated your patent with unauthorized use of your idea. Case in point is the recent charge by Apple that Samsung allegedly copied its iPhone technology. Other instances are not as clear cut.
Are you unsure whether or not you have an original process or product? Perhaps you’re involved with the Information Technology industry and need to create a licensing agreement. Has someone used your name, voice, or likeness in an advertisement without your permission? In our next installment, we’ll delve into the importance of a trusted, knowledgeable resource to guide you through this process.
Protecting your intellectual property can add value to your brand in the marketplace. This is especially important if you are operating virtually over the Internet or have a multi-state ‘bricks and mortar’ presence.” Your idea, service, or product becomes recognizable over time with your marketing efforts. It would be unfortunate if you wasted your blood, sweat, and tears on your business venture to find out someone else has already protected what you thought was your unique invention. Suffice to say, research and idea protection should come ahead of guerrilla marketing tactics.
1. You are unsure whether or not you have an original process or product: Granted by the Federal Government, the patent process starts with the inventor filing an application with the U.S. Patent & Trademark Office. This detailed application is laden with complex legal jargon. It becomes apparent whether or not the invention is suitable to patent as the inventor completes the application. An attorney would be able to explain the application in laymen’s terms, thereby making the process easier.
2. You are involved with the Information Technology industry and need to create a licensing agreement: The purpose of a licensing agreement is to allow the inventor to charge for the use of his/her creative work or product. For example, in order for certain earbud and speaker manufacturers to market products as iPhone-compatible, Apple had to grant its permission. Agreements can vary in length, but an IP attorney can present you with a wide array of options, protecting your rights in the way in which you’re most comfortable.
3. You are in the entertainment industry and someone has used your name, voice, or likeness in an advertisement without your permission: Breach of Right of Publicity is often confused with trademark and copyright infringement. Indiana’s Right of Publicity law protects all individuals’ “… name, voice, signature, photograph, image, likeness, distinctive appearance, gestures or mannerisms.” This year, Indiana considered toughening its “James Dean Law” to protect and extend rights to the estates and families of dead celebrities. The protection is not only to see that the image-maker is properly compensated for the work generated in branding self. It is also to protect the way he or she is commercialized, if applicable.
Don’t take shortcuts when it comes to your ambitions. If you are serious about bringing your intellectual property to the next level or you’re protecting your precious work, getting an IP attorney involved from the beginning could be invaluable. Months or even years of work can dissipate in an instant if crucial steps in this process are missed.