Hasbro and Hellmann’s-the power of a trademark

Recently, two well known trademarks have made news.  First, Hasbro, the well known toy manufacturer made an attempt to purchase DreamWorks Studios, the animation film company that brought us hits like Shrek and Chicken Run.  Second, Unilever, the food conglomerate, has gone after “Just Mayo”, a San Francisco based company that makes a vegetarian alternative to mayonnaise. 

What do these two matters have in common?  Trademarks.  Hasbro is one of the leading toy and game manufacturers, owning brands such as Transformers, Battleship, and My Little Pony.  With strong trademarks comes significant value in good will associated with each brand.   Hasbro, in its unsuccessful attempt to purchase DreamWorks, tried to build on that good will with the possible creation of toy and game based animated movies.  While it may not be a conventional fit, the value of Hasbro’s marks enables it to consider the possibility of branching out and creating movies around already well known and valuable characters-a merchandiser’s dream.

The “Just Mayo” case emphasizes the lengths large companies will go to in order to protect their trademarks.  Unilever’s case is focused on the premise that “Just Mayo” isn’t mayo.  In fact, it is plant based with no eggs.  Mayonnaise traditionally includes eggs.  Unilever is trying to protect its brand and prevent what may be a spreading of the traditional understanding of mayonnaise.   If “Just Mayo” succeeds, Hellmann’s may have to compete with vegetarian spreads such as “Just Mayo,” and their market share and trademark strength may decline.

What’s the take away here?  Never underestimate the power of a trademark.  While you may just be starting out, consider the value of the name and/or logo associated with your goods and/or services.  Take the necessary steps to protect it.  The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours protect trademarks and develop an IP strategy to help you keep ahead of the game.   The first telephone consultation is free.  Email us at klynch@kliplaw.com.

Back to the Basics: Trade Secrets

A trade secret is the secret sauce of any business.  It is information that sets your company apart from you competition and it is information that your competitors would find valuable.  The good news about trade secrets is that their life is limitless.  The bad news is that once a trade secret has been exposed, it is gone forever. 

Trade secrets can include items of information that you may not immediately consider are valuable.  But if you think of what your competition might find valuable, your scope may widen.  For example, trade secrets may include pricing, customer or supplier lists, employee names and contact information, and manufacturing practices. 

Protecting a trade secret from exposure is critical.  The first thing to do is identify all of your organization’s trade secrets or otherwise proprietary information.  Next, you should limit access to the information only on a “need to know” basis.  This means that manufacturing may not need to have access to pricing information, while accounting may not need to know the nuances of some manufacturing techniques that enhance quality. 

In addition, employees should be trained on how to handle trade secret information.  Once trade secrets have been inventoried, those within an organization designated as “need to know” should understand how to protect the trade secrets entrusted to them.  A confidentiality agreement should always be used when disclosing any trade secret information, including agreements with employees. 

Protecting proprietary information is critical to any organization.  Having the right person to help you make those decisions is important.  The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game.   The first telephone consultation is free.  Email us at klynch@kliplaw.com.

Back to Basics: Copyright Law

This is one in a series of posts covering some basic aspects of intellectual property law.  Previous posts touch on patents (parts 1 and 2) and trademarks (parts 3 and 4).  This post will cover the general elements of copyright law. 

Copyright law protects the expression of an idea fixed in a tangible medium.  Thus, the protection is more limited than other aspects of intellectual property law.  However, if copyright infringement is found, relief to the copyright owner can include an order against further infringement as well as money damages which can range from between $200 and $300,000 per act of infringement.  Damages may also include attorneys’ fees and costs.  Infringers may also be subject to criminal prosecution and may be imprisoned if found guilty.

Types of works covered by copyright law include:

•   literary;           
• musical;
•  dramatic;
• pantomimes and choreographic works;
• pictorial, graphic, and sculptural works;
• audiovisual works;
• sound recordings;
• derivative works;
• compilations; and
• architectural works.

In order to proceed with a copyright infringement action, you must register your work with the United States Copyright Office.  This can be done online on their website. 

Copyright notice is given by using “©” followed by the year or years in which the work was published and the owner.  In addition, a statement such as “all rights reserved” or “no unauthorized use permitted” may follow the notice.  This puts the public on notice of your intent to enforce your rights via copyright law.

Protecting your innovative developments is critical to any organization.  Having the right person to help you make that decision is important.  The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game.   The first telephone consultation is free.  Email us at klynch@kliplaw.com.