you have an idea- now what? protecting your ip for startups

You Have An Idea –

Now What?

Protecting Your IP For Startups

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@Lawyer_Girl

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#PHXstartupweek

#ChaseBasecamp

#yesphx

What the heck is this legal

mumbo jumbo and why do I

care?

How Do You Define An Idea?

i·de·a [ahy-dee-uh, ahy-deeuh]*noun 1. any conception existing in the mind as a result of mental understanding, awareness, or activity.2. a thought, conception, or notion3. an impression4. an opinion, view, or belief5. a plan of action; an intention

*idea. Dictionary.com Unabridged. Random House, Inc. http://dictionary.reference.com/browse/idea (accessed: February

20, 2015).

INTELLECTUAL PROPERTY

TRADEMARK™ ® Trademarks identify the source of the goods or

services of one party by distinguishing them from those of others

Trademarks can be phrases, colors, sounds, graphics, and even smells

The use of TM represents that you claim trademark ownership in the mark preceding it, but it isn’t necessarily registered

The use of SM shows that it is a trademark which describes a service

The use of the ® means that the trademark is registered with the USPTO

WHY REGISTER MY

TRADEMARK WITH THE

USPTO?

™ ®

You are entitled to exclusive use of the trademark throughout the United States for your particular category of goods or services

You can prevent others from using a trademark which is identical to yours for the same type of goods or services

You can prevent others from using a trademark which is confusingly similar to yours for the same type of goods or services

TRADE DRESS

The characteristics of the visual appearance of a product or its packaging that signify to the consumer the source of the product.

COPYRIGHT ©What is a copyright? Copyright is the protection of the

expression of an idea It protects artistic works, as well as content

on a website and any written works It also protects graphics and product labels A copyright typically lasts for the creator’s

life plus 70 years

Who owns the copyright? The creator owns the copyright Exceptions: (1) employment; (2) work for

hire

WHY REGISTER A

COPYRIGHT?©

Money Actual damages as a result of the

infringement (also available when not registered)

Statutory damages – if they knew they were infringing, up to $150,000 per instance of infringement

Attorneys’ fees and costs for pursing the infringer

Injunction A court can stop the bad guy from using

your work

PROTECTING YOUR IP

• Non-Disclosure Agreement (NDA)

• Confidentiality Agreement

• Independent Contractor

Agreement

• Work For Hire Agreement

• Employee Handbook

• Written Policies

LEVERAGING YOUR IP

WHEN DO YOU NEED A LAWYER?

(THE IP EDITION)

SOCIAL MEDIA AND IP

ANONYMITY IN SOCIAL MEDIA

www.uspto.gov/trademark

www.copyright.gov

www.copyright.gov/onlinesp/list/a_a

gents.html

www.chillingeffects.org/dmca512/fa

q.cgi

www.creativecommons.org

www.flickr.com/creativecommons

Useful Links For

Intellectual Property

@Lawyer_Girl

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