,

Trademarks,

And :

A PRIMER

PREPARED BY TABLE OF CONTENTS

1. INTRODUCTION ...... 5 B. DESIGN PATENTS ...... 14

WHAT ARE THE DIFFERENT TYPES OF INTELLECTUAL WHAT IS THE PROCESS FOR OBTAINING A

PROPERTY PROTECTION AVAILABLE? ...... 5 DESIGN ? ...... 15

2. PATENTS ...... 6 ARE DESIGN PATENTS OF ANY REAL VALUE? ...... 16

WHAT RIGHTS DO I OBTAIN WITH A PATENT? ...... 6 HOW LONG DO MY RIGHTS LAST WITH

WHEN SHOULD A BE FILED? ...... 6 A DESIGN PATENT? ...... 16

ARE THERE DIFFERENT TYPES OF PATENTS? ...... 7 B. DESIGN PATENTS...... 16

WHAT IS PATENT MARKING? ...... 7 HOW DO I TELL IF SOMEONE IS INFRINGING

A. UTILITY PATENTS ...... 8 MY DESIGN PATENT? ...... 16

WHAT CAN THE SUBJECT OF A UTILITY CAN I PROTECT MY DESIGN OUTSIDE THE U.S.? ...... 17

PATENT APPLICATION BE? ...... 8 3. ...... 17

ARE COMPUTER PROGRAMS AND METHODS OF WHAT IS THE DIFFERENCE BETWEEN A

DOING BUSINESS PATENTABLE? ...... 8 AND A ? ...... 18

WHAT IS THE TERM OF A PATENT? ...... 9 SHOULD I UNDERTAKE A TRADEMARK SEARCH? ...... 18

WHAT IS THE PROCESS FOR OBTAINING A HOW DO I REGISTER MY TRADEMARK? ...... 18

UTILITY PATENT? ...... 9 WHY BOTHER REGISTERING MY TRADEMARK? ...... 19

I PLAN TO OFFER MY PRODUCT FOR SALE SOON. WHAT IS THE TERM OF A TRADEMARK? ...... 20

CAN I FILE SOMETHING “QUICKLY” TO HOW DO I GIVE NOTICE OF TRADEMARK RIGHTS? ...... 21

PRESERVE MY RIGHTS? ...... 10 WHAT SHOULD I DO IF I THINK MY TRADEMARK

HOW DO I TAKE ACTION IF I THINK MY PATENT IS OR IS BEING INFRINGED? ...... 21

BEING INFRINGED? ...... 11 CAN I OBTAIN INTERNATIONAL

ARE PATENT SEARCHES AND CLEARANCE TRADEMARK PROTECTION? ...... 22

OPINIONS IMPORTANT? ...... 12 HOW DOES THE U.S. CUSTOMS SERVICE PROTECT

CAN I OBTAIN INTERNATIONAL TRADEMARKS AND COPYRIGHTS? ...... 23

PATENT PROTECTION? ...... 12 WHY PLACE YOUR TRADEMARK ON A

WHAT HAS THE NEW PATENT ACT CHANGED? ...... 14 WATCHING SERVICE? ...... 23 5

1. INTRODUCTION

4. COPYRIGHTS ...... 24 The questions “What’s a patent, What’s a trademark, What’s a ?”, “What do they cover?’’, and “What is the difference WHAT RIGHTS DOES A COPYRIGHT between them?” are frequently asked by our clients, friends, and GIVE TO THE AUTHOR? ...... 24 colleagues in general practice. To answer these questions in a

WHAT RIGHTS DOES AN EMPLOYER HAVE? ...... 24 clear and straightforward manner, we are pleased to present this primer on patent, trademark, and opyright law (often called WHAT DOES A COPYRIGHT NOT COVER? ...... 25 “intellectual ” law). HOW DO I OBTAIN A COPYRIGHT REGISTRATION? ...... 25

WHAT IS THE TERM OF COPYRIGHT PROTECTION? ...... 26 What are the Different Types of Protection Available? HOW DO I OBTAIN INTERNATIONAL

COPYRIGHT PROTECTION? ...... 26 • A patent protects a product’s utilitarian/ functional or

HOW DO I ENFORCE MY COPYRIGHT RIGHTS? ...... 26 ornamental aspects

WHO DO I CONTACT FOR MORE INFORMATION? ...... 28 • A trademark protects the or symbol that identifies a product’s source

• A copyright protects written and artistic expression

Example: A cosmetic manufacturer markets a new perfume, using the name of a celebrity. The art work on the packaging and the artistic shape of the bottle may be protected by copyright. (The shape might also be protected by a design patent.) The name of the manufacturer and the name of the celebrity may be protected as trademarks. The new tamperproof closing for the package and for the perfume container may be protected by a utility patent. 6 7

6 7 2. PATENTS

2. PATENTS A patent is a U.S. Government grant, granted by the United States Are There Different Types of Patents? Patent and Trademark Office (“USPTO”), that gives its owner the right to exclude others from making, using, selling, offering to sell, A patent is a U.S. Government grant, granted by the United States Are There• Utility Different patents Types protect of Patents? functionality or importing the invention claimed in the patent. Patent and Trademark Office (“USPTO”), that gives its owner the • Design patents protect ornamental appearance right to exclude others from making, using, selling, offering to sell, • Utility patents protect functionality orWhat importing Rights Dothe Iinvention Obtain with claimed a Patent? in the patent. Yes. The• Designtwo most patents common protect types ornamental of patents appearance are utility patents, which protect the utility or functionality of an inventive product What Rights• The rightDo I Obtainto prevent with others a Patent? from practicing your invention or process, and design patents, which protect the ornamental Yes. The two most common types of patents are utility patents, appearance of all or part of a product. A patent• The does right not to give prevent its owner others thefrom affirmative practicing yourright invention to make which protect the utility or functionality of an inventive product or sell the product disclosed in the patent, since other patents or process, and design patents, which protect the ornamental owned by others may exist which cover other aspects of the same appearanceWhat is Patent of all Marking? or part of a product. A patent does not give its owner the affirmative right to make product. A patent does however give its owner the right to stop or sell the product disclosed in the patent, since other patents others from making or selling the invention claimed in the patent. • Can use “Patent Pending” upon filing a patent application owned by others may exist which cover other aspects of the same What is Patent Marking? These “exclusionary rights” granted by a patent can be very valuable product. A patent does however give its owner the right to stop in part because they allow patent owners to license the right to • Should label with Patent Number when patent issues others from making or selling the invention claimed in the patent. • Can use “Patent Pending” upon filing a patent application practice the specific invention claimed in the patent to others. These “exclusionary rights” granted by a patent can be very valuable Notice of patent rights should be given on products to make in part because they allow patent owners to license the right to • Should label with Patent Number when patent issues competitors wary of copying. Pending utility patent applications practiceWhen Should the specific a Patent invention Application claimed be inFiled? the patent to others. are initially kept secret by the USPTO for 18 months after filing, Notice of patent rights should be given on products to make unless non-publication is requested. Design patent applications • Best to file before public disclosure or offer for sale competitors wary of copying. Pending utility patent applications When Should a Patent Application be Filed? are never published before being granted. are initially kept secret by the USPTO for 18 months after filing, • Must be filed within one year of disclosure, public use, or unless“Patent non-publication Pending” marked is requested. on a product Design means patent that an applications application • Best to file before public disclosure or offer for sale offer arefor a never patent published is pending before in the USPTO.being granted. An inventor may mark “Patent Pending” on its product or packaging once a patent application • Must be filed within one year of disclosure, public use, or “Patent Pending” marked on a product means that an application is on file. Once a patent has issued or the application has lapsed, U.S. patentoffer applications should be filed before any sort of public for a patent is pending in the USPTO. An inventor may mark “Patent this marking is no longer appropriate. disclosure is made or promptly after the invention becomes “known” Pending” on its product or packaging once a patent application to others. Inventions may become known through disclosure such “Patent No. X,XXX,XXX” marked on a product means that a U.S. patent applications should be filed before any sort of public is on file. Once a patent has issued or the application has lapsed, as in a technical talk, public use, or an offer for sale, including by patent has already issued. The use of such a marking notice is disclosure is made or promptly after the invention becomes “known” this marking is no longer appropriate. those who obtained information from the inventor. required in most circumstances in order to obtain damages from to others. Inventions may become known through disclosure such “Patent No. X,XXX,XXX” marked on a product means that a Patent applications in the U.S. must be filed within one the infringer. as in a technical talk, public use, or an offer for sale, including by patent has already issued. The use of such a marking notice is year of when the invention becomes known. In many foreign Virtual marking is now also available where the marking on those who obtained information from the inventor. required in most circumstances in order to obtain damages from jurisdictions, there is no similar one-year grace period, but if a products includes the terms “patent” or “pat.” followed by a free-to- Patent applications in the U.S. must be filed within one the infringer. U.S. application is filed before disclosure, in general, foreign filings access web address rather than a list of individual patent numbers. year of when the invention becomes known. In many foreign Virtual marking is now also available where the marking on can rely on the U.S. filing date. jurisdictions, there is no similar one-year grace period, but if a products includes the terms “patent” or “pat.” followed by a free-to- U.S. application is filed before disclosure, in general, foreign filings access web address rather than a list of individual patent numbers. can rely on the U.S. filing date. 8 9

8 9 A. UTILITY PATENTS

Patent protection A.is available UTILITY to anyone PATENTS who “invents or discovers • Computer Programs and Methods of Doing Business may any new and useful process, machine, manufacture or composition be patented of matter, or any new and useful improvements thereof.” Patent protection is available to anyone who “invents or discovers • Computer Programs and Methods of Doing Business may Yes! Utility patent protection is available for certain computer any new and useful process, machine, manufacture or composition be patented ofWhat matter, Can orthe any Subject new and of a useful Utility improvements Patent Application thereof.” be? software and for methods of doing business. However, these types of patents are often more difficult to obtain and may result Yes! Utility patent protection is available for certain computer • Devices and machines, compositions of matter, systems, in very narrow patent protection. Methods of “doing business” What Can the Subject of a Utility Patent Application be? software and for methods of doing business. However, these and processes, including methods of manufacture and use include implementations of decision processes. types of patents are often more difficult to obtain and may result • Devices and machines, compositions of matter, systems, in very narrow patent protection. Methods of “doing business” Utility patent and processes, protection including can be obtained methods for of manufactureapparatus, chemical and use includeWhat is implementationsthe Term of a Patent? of decision processes. compositions, systems, and methods of performing a task, to name a few. By way of example, patents may be obtained on • 20 years from filing Utility patent protection can be obtained for apparatus, chemical What is the Term of a Patent? compositions, systems, and methods of performing a task, to name aWhen few. ByShould way ofa Patentexample, Application patents may be Filed?be obtained on • 20 years from filing

When Should• mechanical a Patent devices, Application such as bemotors Filed? and carburetors, • electrical circuits and electrical appliances, including • microprocessorsmechanical devices, and suchtheir asprogramming, motors and carburetors, ACTIVE TENSION DEVICE HYDRODYNAMICALLY MOUTHPIECE FOR A FOR A WINDOW COVERING OPERATED MULTIFOCAL WOODWIND MUSICAL • electricalchemical processescircuits and such electrical as the process appliances, for making including specific CONTACT LENS INSTRUMENT microprocessorsmedicines and chemical and their products, programming, OnceACTIVE TENSION issued, DEVICE a utility patentHYDRODYNAMICALLY has a term of 20 yearsMOUTHPIECE from the FOR filing A • chemicalnew genetically processes derived such products, as the process and for making specific FOR A WINDOW COVERING OPERATED MULTIFOCAL WOODWIND MUSICAL date. In order to keep its CONTACTfull term LENS maintenanceINSTRUMENT fees must be • medicinescertain plants and and chemical agricultural products, products. paid, which are due at 3 H, 7 H and 11 H years after issuance of • newMust genetically be filed within derived one products, year of disclosure, and public use, or offer Once issued, a utility patent has a term of 20 years from the filing the patent. The term of a patent may also be extended just prior date. In order to keep its full term maintenance fees must be • certain plants and agricultural products. to issuance if the USPTO takes too much time to examine the Are Computer Programs and Methods of paid, which are due at 3 H, 7 H and 11 H years after issuance of • Must be filed within one year of disclosure, public use, or offer application while it is pending. Doing Business Patentable? the patent. The term of a patent may also be extended just prior to issuance if the USPTO takes too much time to examine the Are Computer Programs and Methods of applicationWhat is the while Process it is for pending. Obtaining a Utility Patent? Doing Business Patentable? • Application filed with and examined by the USPTO What is the Process for Obtaining a Utility Patent? • USPTO determines patentability

• Application filed with and examined by the USPTO A patent application is a complex legal and technical document. An • USPTO determines patentability application is normally prepared by a registered patent attorney MULTI-LEVEL CHESS ROBOT SYSTEM METHOD AND APPARATUS or agent working in close association with the inventor. GAME WITH ADD TIONAL AND METHOD FOR READING OPTICAL DISCS CHESS PIECES A patent application is a complex legal and technical document. An application is normally prepared by a registered patent attorney MULTI-LEVEL CHESS ROBOT SYSTEM METHOD AND APPARATUS GAME WITH ADD TIONAL AND METHOD FOR READING OPTICAL DISCS or agent working in close association with the inventor. CHESS PIECES 10 11

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In most areas of technology, it is highly desirable, before a One of the biggest features of the AIA is that the United States patent application is prepared and filed, to conduct a patentability has shifted from a first-to-invent system to a first-to-file system. search to determine whether the invention is patentable. A Under the old rules, an inventor who demonstrated that he or she In most areas of technology, it is highly desirable, before a One of the biggest features of the AIA is that the United States patentability search also allows the patent attorney to present the was first to invent by showing both the conception of a novel idea patent application is prepared and filed, to conduct a patentability has shifted from a first-to-invent system to a first-to-file system. invention more precisely by enabling the attorney to distinguish and the reduction to practice would be rewarded with a patent search to determine whether the invention is patentable. A Under the old rules, an inventor who demonstrated that he or she it from the prior art found in the search. over another inventor who first filed an application for the same patentability search also allows the patent attorney to present the was first to invent by showing both the conception of a novel idea After an application for a U.S. utility patent is prepared, invention. Now, the person who is first to file a patent application, invention more precisely by enabling the attorney to distinguish and the reduction to practice would be rewarded with a patent it is filed with the USPTO. A Patent Examiner who is trained in even a , is the one eligible to obtain a patent. it from the prior art found in the search. over another inventor who first filed an application for the same the technology of the application examines the application. The This new rule harmonizes United States patent law with After an application for a U.S. utility patent is prepared, invention. Now, the person who is first to file a patent application, examination includes the Examiner’s own search for “prior art” the laws of much of the rest of the world. Therefore, it is important to it is filed with the USPTO. A Patent Examiner who is trained in even a provisional application, is the one eligible to obtain a patent. patents and printed publications which are then compared to the have something on file as soon as possible. the technology of the application examines the application. The This new rule harmonizes United States patent law with claimed invention to determine whether the invention is ‘novel’ examination includes the Examiner’s own search for “prior art” the laws of much of the rest of the world. Therefore, it is important to and ‘unobvious’. The Examiner will also scrutinize the application patents and printed publications which are then compared to the haveHow somethingDo I Take Action on file if as I thinksoon asMy possible. Patent is to make sure that it clearly explains the subject matter sought to claimed invention to determine whether the invention is ‘novel’ Being Infringed? be patented from a technical standpoint. and ‘unobvious’. The Examiner will also scrutinize the application If the Examiner issues a rejection based on prior art or How Do I Take Action if I think My Patent is to make sure that it clearly explains the subject matter sought to • Investigate, then consult with intellectual property counsel raises an objection based on the form of the application, the Being Infringed? be patented from a technical standpoint. inventor has up to six months to respond. If you believe that a third party is using, making or selling your If the Examiner issues a rejection based on prior art or patented• Investigate, invention, then you consultshould withconsult intellectual with a patentproperty attorney. counsel raises an objection based on the form of the application, the Your attorney will review with you the nature of the third party’s If you believe that a third party is using, making or selling your Iinventor Plan to hasOffer up My to Productsix months For to Sale respond. Soon. Can I File use and whether there has been an incidence of infringement. patented invention, you should consult with a patent attorney. Something “Quickly” to Preserve My Rights? If there is an infringement, your counsel may recommend that a Your attorney will review with you the nature of the third party’s “cease and desist” letter be sent to the third party. You are also I Plan to Offer My Product For Sale Soon. Can I File use and whether there has been an incidence of infringement. • A “provisional” utility patent application provides entitled to file a lawsuit for in federal court, Something “Quickly” to Preserve My Rights? If there is an infringement, your counsel may recommend that a “temporary” protection by establishing a filing date for the seeking an injunction against further infringing use and requesting invention• USPTO “cease and desist” letter be sent to the third party. You are also monetary damages, which may include your lost profits, the • A “provisional” utility patent application provides entitled to file a lawsuit for patent infringement in federal court, If time is running out or if one is not certain whether a complete infringer’s profits, or a reasonable royalty. Damages may also be “temporary” protection by establishing a filing date for the seeking an injunction against further infringing use and requesting patent application invention• shouldUSPTO be filed, a less extensive “provisional” trebled where the court makes a finding that the infringement monetary damages, which may include your lost profits, the application may be filed. This may be followed by a formal or was willful, and in certain “exceptional” cases, attorneys’ fees can If time is running out or if one is not certain whether a complete infringer’s profits, or a reasonable royalty. Damages may also be “non-provisional” application, which must be filed within one year. be recovered as well. patent application should be filed, a less extensive “provisional” trebled where the court makes a finding that the infringement Because public disclosure of an invention (unless preceded by the application may be filed. This may be followed by a formal or was willful, and in certain “exceptional” cases, attorneys’ fees can filing of a U.S. patent application) generally results in the immediate “non-provisional” application, which must be filed within one year. be recovered as well. loss of rights in almost all foreign countries, a provisional patent Because public disclosure of an invention (unless preceded by the application is a cost-effective way to preserve rights in the U.S. filing of a U.S. patent application) generally results in the immediate and around the world. loss of rights in almost all foreign countries, a provisional patent The importance of provisional applications has increased application is a cost-effective way to preserve rights in the U.S. since the passage of the Leahy-Smith America Invents Act (AIA). and around the world. BLUNT TRAUMA REDUCTION COCHLEAR IMPLANT HYDROPONIC FABRIC FOR BODY ARMOR ELECTRODE ARRAY GROWING SYSTEM The importance of provisional applications has increased

since the passage of the Leahy-Smith America Invents Act (AIA). BLUNT TRAUMA REDUCTION COCHLEAR IMPLANT HYDROPONIC FABRIC FOR BODY ARMOR ELECTRODE ARRAY GROWING SYSTEM 12 13

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Are Utility Patents of Any Real Value? in other countries which may be of commercial importance. The U.S. is a member of several conventions and has signed treaties, such as the Patent Cooperation Treaty or “PCT,” which enable a Are Utility• Can Patents prevent of others Any Realfrom Value?practicing, can license, or can sell in other countries which may be of commercial importance. The • Injunctive relief as well as damages available to patentee U.S. patent application to be eligible for filing in other countries. U.S. is a member of several conventions and has signed treaties, Prior to seeking foreign protection, a patent attorney should be • Can prevent others from practicing, can license, or can sell such as the Patent Cooperation Treaty or “PCT,” which enable a Today, an increasing number of companies recognize the benefit of consulted since the attorney is typically familiar with patent laws • Injunctive relief as well as damages available to patentee U.S. patent application to be eligible for filing in other countries. protecting inventions with patents. While they are more difficult and in foreign countries and has worked with foreign counsel who are Prior to seeking foreign protection, a patent attorney should be costly to obtain than copyrights or trademarks, a patent can give well-versed as to their own country’s patent laws and practices. Today, an increasing number of companies recognize the benefit of consulted since the attorney is typically familiar with patent laws you a competitive edge for many years. protecting inventions with patents. While they are more difficult and in foreign countries and has worked with foreign counsel who are Patents are assets which can impact a company’s value in costly to obtain than copyrights or trademarks, a patent can give well-versed as to their own country’s patent laws and practices. several ways. For example, a patent may be used to keep competitors you a competitive edge for many years. from selling products that compete with products being made by Patents are assets which can impact a company’s value in you or your company. Patents may also be licensed to others for several ways. For example, a patent may be used to keep competitors a royalty that increases cash flow and profits. A patent portfolio from selling products that compete with products being made by may also be sold outright to another company for millions, or even you or your company. Patents may also be licensed to others for billions of dollars, depending on the technology that is protected a royalty that increases cash flow and profits. A patent portfolio by those patents. may also be sold outright to another company for millions, or even billions of dollars, depending on the technology that is protected byAre those Patent patents. Searches and Clearance Opinions Important? Are Patent Searches and Clearance Opinions• Useful Important? to determine potential problems• Injunctive relief as well as damages available to patentee

• Useful to determine potential problems• Injunctive relief Yes! Before as youwell launch as damages a new available product orto process,patentee you should consult with your patent counsel to confirm that the product or process is not covered by another’s patent. You should, additionally, consult Yes! Before you launch a new product or process, you should consult with and seek a formal opinion from your counsel if a third party with your patent counsel to confirm that the product or process is accuses you of patent infringement. This will help you gauge what not covered by another’s patent. You should, additionally, consult your defense strategy should be. with and seek a formal opinion from your counsel if a third party accuses you of patent infringement. This will help you gauge what yourCan Idefense Obtain Internationalstrategy should Patent be. Protection?

Can I Obtain• International International protection Patent available Protection? An issued U.S. patent only provides protection in the U.S. It is frequently• International desirable, protection however, available to obtain patent protection An issued U.S. patent only provides protection in the U.S. It is frequently desirable, however, to obtain patent protection 14 15

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What Has the New Patent Act Changed? What is the Process for Obtaining a Design Patent? The America Invents Act of 2011 includes the most comprehensive Whatchanges Has to theU.S. NewPatent Patent law in Actdecades. Changed? The changes are too complex What is the Process for Obtaining a and detailed for discussion here, but one major change is that as Design• Patent? Application filed with and examined by the USPTO The America Invents Act of 2011 includes the most comprehensive of March 16, 2013, the U.S. moved from a first-to-invent to a first- Like utility patents, applications for U.S. design patents are filed changes to U.S. Patent law in decades. The changes are too complex to-file system, meaning that the first-to-file, not the first-to-invent, with the USPTO. After the application is filed, a Patent Examiner and detailed for discussion here, but one major change is that as • Application filed with and examined by the USPTO is considered to have patentable rights. Inventors who were not examines the application to determine whether the disclosed of March 16, 2013, the U.S. moved from a first-to-invent to a first- Like utility patents, applications for U.S. design patents are filed the first to file an application may still have prior use rights under ornamental appearance is “new” and “unobvious” compared to to-file system, meaning that the first-to-file, not the first-to-invent, with the USPTO. After the application is filed, a Patent Examiner certain circumstances. what has previously been done or disclosed by others. is considered to have patentable rights. Inventors who were not examines the application to determine whether the disclosed the first to file an application may still have prior use rights under ornamental appearance is “new” and “unobvious” compared to certain circumstances. what has previously been done or disclosed by others. B. DESIGN PATENTS

• Can be usedB. DESIGNto protect novel PATENTS ornamental designs • Particularly useful in certain industries

• Can be used to protect novel ornamental designs Design patents may be used to protect ornamental appearance of an • Particularly useful in certain industries article of manufacture. A design patent may be granted to any person who has invented any new, original, and ornamental design Design patents may be used to protect ornamental appearance of an for an article of manufacture. The ornamental design may be article of manufacture. A design patent may be granted to any embodied in an entire article or only a portion of an article, or may person who has invented any new, original, and ornamental design be ornamentation applied to an article. Design patents generally for an article of manufacture. The ornamental design may be issue more quickly than utility patents and are less expensive. embodied in an entire article or only a portion of an article, or may be ornamentation applied to an article. Design patents generally What is the Scope of a Design Patent? issue more quickly than utility patents and are less expensive.

What is• theDesign Scope patents of a canDesign protect Patent? shape and ornamentation of an object • Design patents can protect an entire product or particular • Design patents can protect shape and ornamentation of aspects of it an object The scope• Design of a design patents patent can protect may include an entire the product shape orand particular surface ornamentation aspects of of anit object. However, if the overall appearance of the design is dictated by performance and not appearance, The scope of a design patent may include the shape and surface then the design is functional and not entitled to protection. For ornamentation of an object. However, if the overall appearance example, if the shape of a shoe or a cap is dictated by function and of the design is dictated by performance and not appearance, is not ornamental, it does not qualify for design patent protection. then the design is functional and not entitled to protection. For example, if the shape of a shoe or a cap is dictated by function and is not ornamental, it does not qualify for design patent protection. 16 17

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Are Design Patents of Any Real Value? inducing him to purchase one supposing it to be the other, the first one patented is infringed by the other.”

Are Design• Prevent Patents others of Anyfrom Real practicing Value? the design inducing him to purchase one supposing it to be the other, the • Injunctive relief as well as damages available to patentee firstCan oneI Protect patented My Design is infringed Outside by the the other.” U.S.? • Prevent others from practicing the design Design patents offer affordable protection and are gaining popularity • Injunctive relief as well as damages available to patentee Can I Protect• International My Design protection Outside available the U.S.? as consumer goods companies seek to incorporate design into a comprehensive branding strategy. Design patents are common Design patents offer affordable protection and are gaining popularity Yes! Like• Internationalutility patents, protection comparable available international protection is also in certain industries where ornamental appearance is particularly as consumer goods companies seek to incorporate design into a available for design patents. We work with associates around the representative of the source. world to provide protection under treaties with other countries. comprehensive branding strategy. Design patents are common Yes! Like utility patents, comparable international protection is also in certain industries where ornamental appearance is particularly available for design patents. We work with associates around the How Long Do My Rights Last With a Design Patent? representative of the source. world to provide protection under treaties with other countries.

How Long• 15 Doyears My from Rights issuance Last With a Design Patent? 3. TRADEMARKS When a design patent issues, the patent owner obtains the right • 15 years from issuance A trademark is any word, phrase, , symbol, design or combination to prevent others from using, making, offering for sale, selling, 3. TRADEMARKS thereof (in rare instances, it can also be a color, configuration, sound or importing the design without permission for a period of 14 When a design patent issues, the patent owner obtains the right or scent), which identifies a product or a service and distinguishes it years from the grant date of the design patent. While the patent A trademark is any word, phrase, logo, symbol, design or combination to prevent others from using, making, offering for sale, selling, from other products or services. A trademark can be the name of an is enforceable, its owner has the right to recover damages for thereof (in rare instances, it can also be a color, configuration, sound or importing the design without permission for a period of 14 individual or company, an invented or arbitrary term, or a phrase infringement; including an infringer’s profits, lost profits and a or scent), which identifies a product or a service and distinguishes it years from the grant date of the design patent. While the patent which has become associated with a product or service through reasonable royalty; as well as injunctive relief. from other products or services. A trademark can be the name of an is enforceable, its owner has the right to recover damages for extended use. Examples of well-known trademarks are “Ralph individual or company, an invented or arbitrary term, or a phrase infringement; including an infringer’s profits, lost profits and a Lauren” for clothing, “Coca-Cola’’ for carbonated beverages, which has become associated with a product or service through reasonable royalty; as well as injunctive relief. “Mercedes-Benz” for automobiles, the McDonalds Arches “ ” B. DESIGN PATENTS extended use. Examples of well-known trademarks are “Ralph for restaurant services and the Nike Swoosh “ ” for footwear. Lauren” for clothing, “Coca-Cola’’ for carbonated beverages, How Do I Tell if SomeoneB. DESIGN is Infringing PATENTS My Design Patent? “Mercedes-Benz” for automobiles, the McDonalds Arches “ ” for restaurant services and the Nike Swoosh “ ” for footwear. How Do• OrdinaryI Tell if Someone observer istest Infringing used to determine My Design infringement Patent?

The scope• Ordinary of enforcement observer oftest a designused to patent determine extends infringement to products EXAMPLES OF REGISTRATIONS OBTAINED BY which are close enough in appearance to deceive an ordinary GOTTLIEB, RACKMAN & REISMAN, P.C. observer. According to the Supreme Court in the recent “Egyptian The scope of enforcement of a design patent extends to products Goddess” case, “if, in the eye of an ordinary observer, giving such which are close enough in appearance to deceive an ordinary EXAMPLES OF REGISTRATIONS OBTAINED BY attention as a purchaser usually gives, two designs are substantially GOTTLIEB, RACKMAN & REISMAN, P.C. observer. According to the Supreme Court in the recent “Egyptian the same, if the resemblance is such as to deceive such an observer, Goddess” case, “if, in the eye of an ordinary observer, giving such attention as a purchaser usually gives, two designs are substantially the same, if the resemblance is such as to deceive such an observer, 18 19

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What is the Difference Between a Trademark Registration of a trademark in the USPTO is highly desirable. and a Service Mark? The owner of a trademark may file an application to register its trademark if (a) the mark has actually been used on goods or WhatA trademark is the isDifference any word, phrase,Between logo, a Trademarksymbol, design or combination Registration of a trademark in the USPTO is highly desirable. services in interstate commerce, or (b) the owner has a good faith andthereof a Service that identifies Mark? a product (or a service) and distinguishes it The owner of a trademark may file an application to register its intent to use (“ITU”) the mark in interstate commerce with respect from other products (or services). A service mark serves the same trademark if (a) the mark has actually been used on goods or A trademark is any word, phrase, logo, symbol, design or combination to specified goods or services. purpose as a trademark, except that it identifies and distinguishes services in interstate commerce, or (b) the owner has a good faith thereof that identifies a product (or a service) and distinguishes it Once filed, an examining attorney reviews the application to the source of a service rather than goods. However, for ease, intent to use (“ITU”) the mark in interstate commerce with respect from other products (or services). A service mark serves the same determine if the mark conflicts with any other pending application the term “trademark” is used to refer to both trademarks and to specified goods or services. purpose as a trademark, except that it identifies and distinguishes or existing registration. If the Examiner subsequently approves service marks. Once filed, an examining attorney reviews the application to the source of a service rather than goods. However, for ease, the application, it is published in a weekly publication, the Official Trade dress protects the “look” of a product, its design or determine if the mark conflicts with any other pending application the term “trademark” is used to refer to both trademarks and Gazette (also available in electronic form), and other parties have packaging, to the extent that it acts as a source identifier. Note, or existing registration. If the Examiner subsequently approves service marks. 30 days in which to oppose the application. For a use-based however, that trade dress protection may not be claimed for the application, it is published in a weekly publication, the Official Trade dress protects the “look” of a product, its design or application, if no such opposition is filed, or if the differences product features that are functional, or only serve a utilitarian Gazette (also available in electronic form), and other parties have packaging, to the extent that it acts as a source identifier. Note, between the owner and a third party are resolved, the USPTO purpose. Examples of designs that have attained trade dress 30 days in which to oppose the application. For a use-based however, that trade dress protection may not be claimed for will issue a Certificate of Registration. protection include bottles, the shape of buildings and the décor application, if no such opposition is filed, or if the differences product features that are functional, or only serve a utilitarian An ITU application will receive a “Notice of Allowance,” which of a restaurant. Federal registration for trade dress is available. between the owner and a third party are resolved, the USPTO purpose. Examples of designs that have attained trade dress gives the applicant an initial 6-month window in which to use will issue a Certificate of Registration. protection include bottles, the shape of buildings and the décor the mark on products or with services in commerce. If the mark Should I Undertake a Trademark Search? An ITU application will receive a “Notice of Allowance,” which of a restaurant. Federal registration for trade dress is available. cannot be used in that time period, then the applicant can obtain gives the applicant an initial 6-month window in which to use up to five successive 6-month extensions of time within which to • A search can identify conflicting uses the mark on products or with services in commerce. If the mark Should I Undertake a Trademark Search? use the mark by paying appropriate fees and filing the necessary cannot be used in that time period, then the applicant can obtain documents. Once the mark is registered, the registrant’s rights Owners of trademarks already being used have the right to object to up to five successive 6-month extensions of time within which to • A search can identify conflicting uses in the mark automatically relate back to the date on which the the use of the same or a similar mark covering the same or related use the mark by paying appropriate fees and filing the necessary goods or services. A comprehensive clearance search conducted ITU application was filed, even though the mark was not actually Owners of trademarks already being used have the right to object to documents. Once the mark is registered, the registrant’s rights prior to adopting and using a trademark can determine whether a used until later. the use of the same or a similar mark covering the same or related in the mark automatically relate back to the date on which the conflict with identical or confusingly similar trademarks may arise. goods or services. A comprehensive clearance search conducted ITU application was filed, even though the mark was not actually A can conduct a search of existing federal Why Bother Registering My Trademark? prior to adopting and using a trademark can determine whether a used until later. trademark registrations and pending applications, trademark conflict with identical or confusingly similar trademarks may arise. registrations in all 50 states (each state maintains its own register • Provides Nationwide Protection A trademark attorney can conduct a search of existing federal Why Bother Registering My Trademark? of trademarks and service marks), and unregistered “common • Provides Constructive Notice trademark registrations and pending applications, trademark law” uses, such as trade directories, business listings, domain • Provides Nationwide Protection registrations in all 50 states (each state maintains its own register Federal registration of a trademark gives the owner valuable names and websites. • Provides Constructive Notice of trademarks and service marks), and unregistered “common procedural and substantive rights. While a “common law” or law” uses, such as trade directories, business listings, domain unregistered trademark can only be enforced in the geographical How Do I Register My Trademark? Federal registration of a trademark gives the owner valuable names and websites. areas in which it has been used, a federal registration is enforceable procedural and substantive rights. While a “common law” or nationwide. Federal registrations are respected by the courts and • Application filed with and examined by the USPTO unregistered trademark can only be enforced in the geographical How Do I Register My Trademark? are more readily protected and enforceable than are unregistered areas in which it has been used, a federal registration is enforceable nationwide. Federal registrations are respected by the courts and • Application filed with and examined by the USPTO are more readily protected and enforceable than are unregistered 20 21

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marks. If your company is using a brand name for a product, a What is Trade Dress and Ho w is it Pro tected? product ingredient, a process or a service, federal registration will enhance and preserve that asset and expand your scope of marks. If your company is using a brand name for a product, a What is• TradeProtection Dress is andavailable Ho w for is ait “look”Pro tected? protection to cover the entire U.S. product ingredient, a process or a service, federal registration Once registered, the trademark becomes part of the Trade dress protects the non-functional “look” of a product’s will enhance and preserve that asset and expand your scope of • Protection is available for a “look” Federal Trademark Register, accessible to other interested parties design or packaging, to the extent that the look acts as a source protection to cover the entire U.S. conducting their own searches when adopting a new mark. If they identifier. Examples of designs that have attained trade dress Once registered, the trademark becomes part of the Trade dress protects the non-functional “look” of a product’s find your registered trademark on the Register and it is too similar protection include bottles, the shape of buildings and the décor Federal Trademark Register, accessible to other interested parties design or packaging, to the extent that the look acts as a source to the one that they are seeking to adopt, competent trademark of a restaurant. Under trademark law, Federal registration for conducting their own searches when adopting a new mark. If they identifier. Examples of designs that have attained trade dress counsel will advise them to choose a different mark. In this trade dress is available. find your registered trademark on the Register and it is too similar protection include bottles, the shape of buildings and the décor manner, a federal registration acts as a barrier to the adoption of a restaurant. Under trademark law, Federal registration for to the one that they are seeking to adopt, competent trademark How Do I Give Notice of Trademark Rights? of a confusingly similar mark. counsel will advise them to choose a different mark. In this trade dress is available. Federal trademark registrations have another advantage in manner, a federal registration acts as a barrier to the adoption • Notice given with a symbol attached to a mark this increasingly online world – with a federal trademark registration, How Do I Give Notice of Trademark Rights? of a confusingly similar mark. a trademark owner can enforce its rights on websites and in domain Federal trademark registrations have another advantage in The symbol ™ next to a trademark indicates that the owner is name matters. Because of the difficulty in verifying a claim of • Notice given with a symbol attached to a mark this increasingly online world – with a federal trademark registration, making a claim of ownership of that trademark for certain goods common law rights, it is easier to convince website operators and while the symbol SM indicates the owner is making a claim of a trademark owner can enforce its rights on websites and in domain The symbol ™ next to a trademark indicates that the owner is hosts to stop infringing conduct if a trademark owner has already ownership of that trademark for services (however neither symbol name matters. Because of the difficulty in verifying a claim of making a claim of ownership of that trademark for certain goods secured a federal trademark registration. Similarly, when new top necessarily indicates that a trademark common law rights, it is easier to convince website operators and while the symbol SM indicates the owner is making a claim of level domains are introduced, they usually include a mechanism application has been filed): hosts to stop infringing conduct if a trademark owner has already ownership of that trademark for services (however neither symbol for protecting trademark rights; often, however, those mechanisms secured a federal trademark registration. Similarly, when new top necessarily indicatesTM that a trademark SM only afford protection to registered trademarks. Nabisco JetBlue level domains are introduced, they usually include a mechanism application has been filed): Another benefit of federal registration is the ability to use for protecting trademark rights; often, however, those mechanisms Once a federal registration is obtained, the ® symbol, signifying the symbol ® which puts the public on notice that you have been TM SM only afford protection to registered trademarks. registration,Nabisco should be substituted for marks coveringJetBlue both goods granted a federal right to exclusive ownership and constitutes and services: Another benefit of federal registration is the ability to use Once a federal registration is obtained, the ® symbol, signifying prima facie evidence of exclusive ownership. the symbol ® which puts the public on notice that you have been registration, should be substituted for marks covering both goods Nabisco TM JetBlue SM Whatgranted is thea federal Term ofright a Trademark? to exclusive ownership and constitutes and services: prima facie evidence of exclusive ownership. What Should I Do if I Think My Trademark TM SM or TradeNabisco Dress is Being Infringed? JetBlue What is• theA trademark’s Term of a termTrademark? is perpetual as long as it is still in commercial use. What Should I Do if I Think My Trademark • Investigate, then consult with intellectual property counsel A federal• A registration trademark’s initially term is isperpetual valid for as ten long years as it(provided is still in that or Trade Dress is Being Infringed? a maintenance commercial declaration use. is filed by the sixth anniversary of the registration) and may be renewed indefinitely for further ten- If you find that a third party is using a trademark identical or A federal registration initially is valid for ten years (provided that • Investigate, then consult with intellectual property counsel year terms, provided the trademark continues to be used on the confusingly similar to a trademark owned by your company, and a maintenance declaration is filed by the sixth anniversary of the goods or services specified in the registration, and provided that it is being used on the same or related goods or services, you registration) and may be renewed indefinitely for further ten- If you find that a third party is using a trademark identical or the necessary documents and fees are filed. should speak to your trademark counsel immediately, who will year terms, provided the trademark continues to be used on the confusingly similar to a trademark owned by your company, and goods or services specified in the registration, and provided that it is being used on the same or related goods or services, you the necessary documents and fees are filed. should speak to your trademark counsel immediately, who will 22 23

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review the nature of the use by the third party, its length of use, examinations take place in each of those countries, just as if the products or services on which it is used, and the geographical separate national applications had been filed, but no local attorney markets in which it is being used. If you and your counsel agree that or agent fees for filing the application in a particular country review the nature of the use by the third party, its length of use, examinations take place in each of those countries, just as if the use by the third party is likely to cause onfusion or mistake in will be incurred. Overall, this centralized filing process saves a the products or services on which it is used, and the geographical separate national applications had been filed, but no local attorney the marketplace, then your counsel will usually write a “cease and considerable time and money and can expedite the filing and markets in which it is being used. If you and your counsel agree that or agent fees for filing the application in a particular country desist” letter to the third party. If the matter cannot be resolved, registration process for U.S. applicants seeking foreign protection the use by the third party is likely to cause onfusion or mistake in will be incurred. Overall, this centralized filing process saves a you may then file a lawsuit for in federal who previously had to file applications in individual countries and the marketplace, then your counsel will usually write a “cease and considerable time and money and can expedite the filing and court, seeking an injunction against further infringing use, as well as incur separate local agent’s charges. desist” letter to the third party. If the matter cannot be resolved, registration process for U.S. applicants seeking foreign protection damages and, in certain “exceptional” cases, attorneys’ fees. If the you may then file a lawsuit for trademark infringement in federal who previously had to file applications in individual countries and infringement is deemed willful, triple damages are also available. How Does the U.S. Customs Service Protect court, seeking an injunction against further infringing use, as well as incur separate local agent’s charges. Trademarks and Copyrights? damages and, in certain “exceptional” cases, attorneys’ fees. If the Can I Obtain International Trademark Protection? infringement is deemed willful, triple damages are also available. How Does the U.S. Customs Service Protect Trademark (and copyright) registrations can be recorded by their Trademarks and Copyrights? Can I Obtain• International International protection Trademark available Protection? owners with the U.S. Customs Service, accompanied by a list of authorized importers and licensees. Goods deemed infringing Yes! Unlike the U.S., most foreign countries require that applications Trademark (and copyright) registrations can be recorded by their will be detained by Customs Inspectors, and entry into the U.S. be filed• Internationaland registrations protection be obtained available before the mark will owners with the U.S. Customs Service, accompanied by a list of will be denied if the importation violates the owner’s trademark be protected in that country – in other words, mere use of an authorized importers and licensees. Goods deemed infringing Yes! Unlike the U.S., most foreign countries require that applications (or copyright). unregistered mark will not generally afford protection in most will be detained by Customs Inspectors, and entry into the U.S. be filed and registrations be obtained before the mark will Customs recordations are relatively inexpensive filings, foreign countries. In the past, applications had to be filed in each will be denied if the importation violates the owner’s trademark be protected in that country – in other words, mere use of an which should be done routinely to protect intellectual property country in which trademark protection was desired (often dependent (or copyright). unregistered mark will not generally afford protection in most rights from unauthorized foreign “knock-offs” entering the U.S. on where products carrying the trademark were being made or Customs recordations are relatively inexpensive filings, foreign countries. In the past, applications had to be filed in each sold). In recent years, however, various international treaties which should be done routinely to protect intellectual property country in which trademark protection was desired (often dependent Why Place Your Trademark on a Watching Service? have allowed U.S. registrants to obtain rights in certain foreign rights from unauthorized foreign “knock-offs” entering the U.S. on where products carrying the trademark were being made or countries based on a single international filing. One of the most sold). In recent years, however, various international treaties You can protect your trademark from infringement by placing the useful such arrangements is that which is available for the European Why Place Your Trademark on a Watching Service? have allowed U.S. registrants to obtain rights in certain foreign trademark on a Watching Service. A U.S. Watch is an automatic, Community. Based on a system set up in the European Union countries based on a single international filing. One of the most on-going search for newly filed, published trademark applications, (“EU”), a central filing can be made in the Community Trademark You can protect your trademark from infringement by placing the useful such arrangements is that which is available for the European common law uses as well as Internet domain names which may be (“CTM”) Office located in Spain, and when the mark is approved, trademark on a Watching Service. A U.S. Watch is an automatic, Community. Based on a system set up in the European Union identical or confusingly similar to yours. A Worldwide Watch also this registration will be effective in the 27 countries which are on-going search for newly filed, published trademark applications, (“EU”), a central filing can be made in the Community Trademark provides notification of publication of the same or confusingly similar currently members of the EU; a CTM registration will automatically common law uses as well as Internet domain names which may be (“CTM”) Office located in Spain, and when the mark is approved, marks internationally. These timely notifications of confusingly be extended to countries which join the EU in future years. identical or confusingly similar to yours. A Worldwide Watch also this registration will be effective in the 27 countries which are similar marks allow for better enforcement of your important Using a different international treaty, U.S. applicants with provides notification of publication of the same or confusingly similar currently members of the EU; a CTM registration will automatically trademark rights. a U.S. pending application or a U.S. registration may file a single marks internationally. These timely notifications of confusingly be extended to countries which join the EU in future years. International application for over 80 countries under the “Madrid similar marks allow for better enforcement of your important Using a different international treaty, U.S. applicants with Protocol” which is electronically filed with the USPTO. Individual trademark rights. a U.S. pending application or a U.S. registration may file a single filing fees for selected country still have to be paid and separate International application for over 80 countries under the “Madrid Protocol” which is electronically filed with the USPTO. Individual filing fees for selected country still have to be paid and separate 24

25 24 25 4. COPYRIGHTS

4. COPYRIGHTS A copyright protects “original works of authorship”, including is often used to assure that the employer owns the rights. Absent literary, dramatic, musical, artistic and certain other works. issuch often a contractual used to assure agreement, that the determining employer owns “the author” the rights. can requireAbsent Copyright protection is available both for published (e.g., sold or a detailed, fact specific inquiry. A copyright protects “original works of authorship”, including such a contractual agreement, determining “the author” can require leased) works, as well as for works in unpublished form. Examples literary, dramatic, musical, artistic and certain other works. a detailed, fact specific inquiry. of protectable works are books and pamphlets; songs, including Copyright protection is available both for published (e.g., sold or What Does a Copyright Not Cover? their words and music; plays and other dramatic performances, leased) works, as well as for works in unpublished form. Examples What Does a Copyright Not Cover? including parodies, comic routines, fictional and non-fictional works, of protectable works are books and pamphlets; songs, including • Only applies to works fixed in tangible form pantomimes and choreographic works; paintings and drawings, their words and music; plays and other dramatic performances, • Only applies to works fixed in tangible form both “original” works and reproductions; textile designs; jewelry Copyright protection only encompasses works that have been “fixed” including parodies, comic routines, fictional and non-fictional works, and toys with “artistic” aspects; maps and blueprints; photographs; in a tangible form, so it excludes, for example, a speech that is not pantomimes and choreographic works; paintings and drawings, Copyright protection only encompasses works that have been “fixed” motion pictures and sound recordings in the form of records, written down or recorded. Other examples of works not subject to both “original” works and reproductions; textile designs; jewelry in a tangible form, so it excludes, for example, a speech that is not disks and tapes; and computer software. copyright protection include titles and slogans, ideas, procedures, and toys with “artistic” aspects; maps and blueprints; photographs; written down or recorded. Other examples of works not subject to principles and concepts, works that are purely factual in nature motion pictures and sound recordings in the form of records, copyright protection include titles and slogans, ideas, procedures, and do not contain artistic expression, conventional geometric disksWhat andRights tapes; Does and a Copyrightcomputer Givesoftware. to the Author? principles and concepts, works that are purely factual in nature andfigures, do andnot containforms such artistic as blank expression, diaries andconventional bookkeeping geometric forms. figures, and forms such as blank diaries and bookkeeping forms. What Rights• A copyright Does a givesCopyright the author Give “exclusive”to the Author? rights to the How Do I Obtain a Copyright Registration? The author (or any individual or company to which the author How Do I Obtain a Copyright Registration? • A copyright gives the author “exclusive” rights to the has transferred his rights) is the only entity which may lawfully • Registrations obtained by filing application with the reproduce the copyrighted work, distribute copies of it, perform U.S. Copyright Office The author (or any individual or company to which the author • Registrations obtained by filing application with the the copyrighted work, display it publicly or prepare derivative works • U.S.Registration Copyright is necessaryOffice to collect some damages due has transferred his rights) is the only entity which may lawfully based upon the copyrighted work, e.g., prepare a translation of it • Registrationto infringement is necessary to collect some damages due reproduce the copyrighted work, distribute copies of it, perform into a foreign language. These are the Author’s “exclusive” rights to infringement the copyrighted work, display it publicly or prepare derivative works Although copyright arises as soon as a work is fixed in a tangible which others may not exercise without his permission. The Author based upon the copyrighted work, e.g., prepare a translation of it Althoughform, it is highlycopyright desirable arises to as promptly soon as register a work a is copyright fixed in aclaim tangible with of a work owns the Copyright as soon as it is created or “fixed.” into a foreign language. These are the Author’s “exclusive” rights form,the U.S. it is Copyright highly desirable Office. to Prompt promptly filing register of a copyright a copyright application claim with which others may not exercise without his permission. The Author What Rights Does an Employer Have? thein the U.S. Copyright Copyright Office Office. establishes Prompt filinga public of arecord copyright of the application copyright of a work owns the Copyright as soon as it is created or “fixed.” inowner’s the Copyright claim, creates Office a establishes presumption a public that the record copyright of the is copyrightvalid, and owner’senables claim,the owner creates to claima presumption certain “statutory” that the copyright damages is valid,and even and What Rights• The employerDoes an Employermay be the Have? “author” of a work created “for hire” enablesto recover the the owner attorneys’ to claim fees certain expended “statutory” in asserting damages the copyrightand even toagainst recover an infringer.the attorneys’ Registration fees expended is generally in asserting required asthe a copyrightcondition When a work• The is employer created on may behalf be the of an“author” employer of a or work an independent againstfor filing an any infringer. copyright Registration infringement is generally suit in required a federal as court. a condition contractor, created the employer “for hire” - be a firm, organization, or an individual - for filing any copyright infringement suit in a federal court. may be considered “the author” when there is a certain relationship When a work is created on behalf of an employer or an independent between the parties. A “work for hire” agreement, which clearly contractor, the employer - be a firm, organization, or an individual - states that created intellectual property will belong to the employer, may be considered “the author” when there is a certain relationship between the parties. A “work for hire” agreement, which clearly states that created intellectual property will belong to the employer, 26 27

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What is the Term of Copyright Protection? to evaluate the situation and determine next steps. The work may be “identical” to or “substantially similar” to the copyrighted work to improperly appropriate elements of the copyrighted work. What is• theCopyright Term ofprotection Copyright can Protection? last 120 years to evaluate the situation and determine next steps. The work may be “identical” to or “substantially similar” to the copyrighted work Currently, copyright protection lasts for the life of the author plus 70 What Should a Copyright Notice Look Like? years, or• Copyright where a protectionwork is created can last by 120 an years employee and is thus to improperly appropriate elements of the copyrighted work. owned by the employer, the copyright term lasts for 95 years Currently, copyright protection lasts for the life of the author plus 70 • Notice has a specific preferable format from the date of first publication or 120 years from the year of What Should a Copyright Notice Look Like? years, or where a work is created by an employee and is thus creation, whichever expires first. The desirable form of copyright notice is as follows: © 2013David owned by the employer, the copyright term lasts for 95 years • Notice has a specific preferable format from the date of first publication or 120 years from the year of Smith. The year “2013” would be the year in which the work was How Do I Obtain International first “published,” e.g., sold, distributed or leased, and “David creation, whichever expires first. The desirable form of copyright notice is as follows: © 2013David Copyright Protection? Smith” would be the name of the copyright owner. Such notices Smith. The year “2013” would be the year in which the work was are widely used on books, magazines, films and videotapes, and How Do I Obtain International first “published,” e.g., sold, distributed or leased, and “David • International protection is available even on software programs. Copyright Protection? Smith” would be the name of the copyright owner. Such notices Copyright protection is available to U.S. citizens in foreign countries; are widely used on books, magazines, films and videotapes, and the U.S.• isInternational a member ofprotection the Universal is available Copyright Convention and even on software programs. the Berne Convention, which generally offer reciprocal copyright Copyright protection is available to U.S. citizens in foreign countries; rights in their respective member countries. In most other countries, the U.S. is a member of the Universal Copyright Convention and there is no need to register a copyright. the Berne Convention, which generally offer reciprocal copyright rights in their respective member countries. In most other countries, Is a Copyright Notice Required? there is no need to register a copyright.

Is a Copyright• Notice Notice is no longer Required? necessary in the U.S. but still is helpful No, but it is still a good idea to place a notice on all copyrighted works, •in Notice a location is no where longer itnecessary can be readily in the U.S.seen. but The still purpose is helpful of the notice is both to notify the public that the copyright is claimed No, but it is still a good idea to place a notice on all copyrighted and to prevent an infringer from asserting that he is “innocent” works, in a location where it can be readily seen. The purpose of because he was not aware that the work was the subject of the the notice is both to notify the public that the copyright is claimed copyright. and to prevent an infringer from asserting that he is “innocent” because he was not aware that the work was the subject of the How Do I Enforce My Copyright Rights? copyright.

How Do• MayI Enforce be enforced My Copyright through Rights?the courts If a copyright owner becomes aware of an unauthorized use of a copyright,• May the beowner enforced should through work with the intellectualcourts property counsel If a copyright owner becomes aware of an unauthorized use of a copyright, the owner should work with intellectual property counsel 28 29

28 29 WHO DO I CONTACT FOR MORE INFORMATION? WHO DO I CONTACT FOR Since 1970, Gottlieb, Rackman & Reisman, P.C. has provided legal advice and guidanceMORE to clientsINFORMATION? in all aspects of patent, trademark, copyright and unfair competition law. We practice before the Since 1970, Gottlieb, Rackman & Reisman, P.C. has provided legal U.S. Patent and Trademark Office, the U.S. Copyright Office, and advice and guidance to clients in all aspects of patent, trademark, in federal courts throughout the country. Our practice involves copyright and unfair competition law. We practice before the acquisition of intellectual property rights and also enforcement or U.S. Patent and Trademark Office, the U.S. Copyright Office, and defense of those rights in the U.S. and throughout the world. Our in federal courts throughout the country. Our practice involves international practice relies on our long-established relationships acquisition of intellectual property rights and also enforcement or with a network of associated counsel in each country of the world. defense of those rights in the U.S. and throughout the world. Our Every client gets our full attention. We tailor our representation international practice relies on our long-established relationships to our clients’ real needs and real budgets, and we make it a with a network of associated counsel in each country of the world. point to understand their businesses and to appreciate our Every client gets our full attention. We tailor our representation clients’ business goals. We counsel our clients on their intellectual to our clients’ real needs and real budgets, and we make it a property rights while providing guidance to avoid infringing on point to understand their businesses and to appreciate our the rights of others. If litigation is necessary, we are aggressive, clients’ business goals. We counsel our clients on their intellectual thorough and well-prepared. In today’s complex world of business, property rights while providing guidance to avoid infringing on protection and enforcement of intellectual property assets can the rights of others. If litigation is necessary, we are aggressive, be instrumental to the success or failure of a company. Gottlieb, thorough and well-prepared. In today’s complex world of business, Rackman & Reisman has in-depth technical knowledge as well as protection and enforcement of intellectual property assets can the broad experience to meet the expectations of its clients and be instrumental to the success or failure of a company. Gottlieb, to protect their important proprietary rights. Rackman & Reisman has in-depth technical knowledge as well as the broad experience to meet the expectations of its clients and GOTTLIEB,to protect their RACKMAN important proprietary& REISMAN, rights. P.C. 270 MADISON AVENUE, 8TH FLOOR NEW YORK, NEW YORK 10016-0601 GOTTLIEB, RACKMAN & REISMAN, P.C. TEL: (212) 684-3900 | FAX: (212) 684-3999 | EMAIL: [email protected] 270 MADISON AVENUE, 8TH FLOOR NEW YORK, NEW YORK 10016-0601 TEL: (212) 684-3900 | FAX: (212) 684-3999 | EMAIL: [email protected] 30