What do 1-click purchases from Amazon, the Apple brand, and Conan O’Brien’s Coco Digital, LLC team have in common? Its owners had the foresight to seek the expertise of an intellectual property (IP) attorney. It’s an easy misconception that multi-million dollar intricate creations alone require legal intervention. After all, recent technology has made the patent process (one of several functions of an intellectual property attorney) more accessible. Be that as it may, accessibility is not an indication that the scope of intellectual property laws has been reduced. It only offers the inventor another option and is not a substitute for good legal advice and having the peace of mind of knowing that their rights are properly protected.
Some cases of intervention by a lawyer are obvious, such as when someone has infringed your patent with the unauthorized use of your idea. One example is Apple’s recent charge that Samsung allegedly copied technology from its iPhone. Other cases are not so clear.
Not sure whether or not you have an original product or process? Perhaps you are involved in the information technology industry and need to create a license 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 and informed 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 ‘physical’ presence in various states. “Your idea, service or product becomes recognizable over time with your marketing efforts. It would be unfortunate if you were to waste your blood, sweat and tears in your company to discover that someone else has already protected what you thought was your unique invention Suffice it to say that research and idea protection must come before guerilla marketing tactics.
1. You are not sure whether or not you have an original product or process: Granted by the Federal Government, the patent process begins when the inventor files an application with the US Patent and Trademark Office. This detailed application is loaded with complex legal jargon. It becomes clear whether the invention is suitable for patenting when the inventor completes the application. An attorney could explain the request in simple terms, thus facilitating the process.
2. You are involved in the information technology industry and need to create a license agreement: The purpose of a license agreement is to allow the inventor to charge for the use of their creative work or product. For example, for certain headphone and speaker manufacturers to market products as iPhone compatible, Apple had to grant their permission. Agreements can vary in duration, but an intellectual property attorney can present you with a wide range of options, protecting your rights in the way that is most comfortable for you.
3. You are in the entertainment industry and someone has used your name, voice or image in an advertisement without your permission – Publicity right infringement is often mistaken for trademark and copyright infringement. Indiana publicity law protects the “… name, voice, signature, photograph, image, likeness, distinctive appearance, gestures or gestures” of all persons. This year, Indiana considered tightening its “James Dean Act” to protect and extend the rights to the property and families of deceased celebrities. Protection is not just about seeing that the image maker is adequately compensated for the work generated on the private label. It is also to protect the way it is marketed, if applicable.
Don’t take shortcuts when it comes to your ambitions. If you really want to take your intellectual property to the next level or if you are protecting your valuable work, getting an intellectual property attorney involved early on could be invaluable. Months or even years of work can dissipate in an instant if crucial steps are skipped in this process.
