by Kathleen Lynch | Dec 9, 2014 | Innovation
Recently, President Obama recognized the 2014 National Medal of Technology and Innovation Laureates. These men and women were honored for their significant contributions to the development of new and important technologies. The winners include:
- Charles Bachman for his cutting edge developments in the field of database management, transaction processing and software engineering;
- Edith Flannigan, a chemist working for a division of the Honeywell Corporation, for her developments in silicate chemistry, chemistry of zeolites and molecular sieve materials;
- Thomas Fogarty, Fogarty Institute of Innovation, for his developments in minimally invasive medical devices;
- Eli Harari, of SanDisk Corporation, for invention and commercialization of Flash storage technology to enable universal data collection and storage in consumer electronics, mobile computing and enterprise storage;
- Arthur Levison, Calico Life Sciences, for advancements in biotechnology and personalized medicine, leading to the discovery and development of novel therapeutics for treating cancer and other life threatening diseases;
- Cherry Murray, Harvard University School of Engineering and Applied Sciences, for her contributions to telecommunication devices, use of light in studying matter, and leadership in the development of STEM (science, technology, engineering and math) workforce here in the United States;
- Mary Shaw, Carnegie Mellon University, for her leadership in the development of innovative curricula in the area of computer science; and
- Douglas Lowly and John Schiller, National Cancer Institute and National Institute of Health respectively, in developing virus-like particles that led to generating effective vaccines for HPV and related cancers.
Kudos to all the winners. For those of us who support innovation, it is gratifying to learn of these advancements and to appreciate the improvements to the quality of life here and around the world.
The Law Office of Kathleen Lynch PLLC is dedicated to helping you protect your innovative developments. Email us at kl****@*****aw.com. The first telephone consultation is free.
by Kathleen Lynch | Dec 2, 2014 | Trademark, Trademarks
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 kl****@*****aw.com.
by Kathleen Lynch | Nov 18, 2014 | 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 kl****@*****aw.com.
by Kathleen Lynch | Nov 13, 2014 | Copyright, Intellectual Property
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 kl****@*****aw.com.
by Kathleen Lynch | Nov 4, 2014 | Trademarks
This is the second in a series or posts on the basics of trademark law. The first one focused on the selection of a mark for use in connection with goods or services. Here I focus on the federal trademark registration process.
Once you’ve selected your mark for use in connection with your product or service, you should conduct a search to determine whether your mark is available for use and registration. This involves reviewing a number of different databases including the federal and state trademark databases, as well as a number of different directories for use of your mark and similar marks in connection with similar goods or services. A trademark attorney can assist you with this process.
If the mark is available for use, determine whether or not you need to register your mark with the United States Patent and Trademark Office. Federal trademark registration requires a showing that you have sold your goods or services using your mark across state lines. If your business plan does not anticipate crossing state lines, then you should seek state trademark protection. However, if you anticipate that your business will be conducted across state lines, you should seek federal trademark protection.
Filing for federal trademark protection can be done prior to an actual sale of your goods or services with your mark across state lines. Alternatively, if you have already begun using your mark with your goods or services across state lines, you can file your application along with proof of use of the mark.
After your mark is filed, it will be reviewed substantively by an examining attorney. If your mark is allowed, it will be published for opposition. This allows anyone who believes they may be harmed by your registration to file an opposition. An opposition proceeding is a quasi-judicial proceeding the takes place in the US Patent and Trademark Office. It is similar to litigation in that there are documents exchanged and depositions may be taken. During an opposition proceeding, the opposing party must show how they will be harmed by registration of your mark.
The determining factor in an opposition is essentially whether a potential consumer would likely be confused as to the source of opposer’s goods or services and yours. Several factors go into the determination. These include:
- how similar are the marks in their appearance and impression;
- how similar are the goods and/or services;
- do the goods or services travel in the same or related channels of trade;
- how sophisticated are the buyers of these goods or services, in other words do they purchase on impulse or would they be relatively careful or thoughtful in their purchase; and
- how many other marks are in use with similar goods or services.
Your ability to prevail on these factors will likely result in registration of your mark.
One final note about trademarks is that they need to be used. After your mark has been registered, you will still need to show to the U.S. Patent and Trademark Office proof of use of your mark in connection with the goods or services listed on the registration. Failure to do so may result in a lapse of your registration.
