guard your brand! 4.22.2014

Guard Your Brand Camille Stewart, Esq. Marque Law TheDigitalCounselor.com Follow Me on Twitter!@CamilleEsq #DCDC

Disclaimer: This presentation does not constitute legal advice. Please consult with an attorney for legal advice.

Name this brand

(c) 2014 Camille Stewart www.TheDigitalCounselor.com

Photo credit: wikipedia

Meet the Original Brand


Those are not LEGO blocks: Those are Kiddicraft's "self-locking building bricks," created 10 years before LEGO “invented” the same thing.

Name this brand


Photo credit: www.today.com

Meet the Original brand


Hydrox cookies made their first appearance in 1908 as the signature product of a small company called Sunshine Biscuits. They were greeted by the public with open arms and single-handedly ruled the sandwich cookie market for four years ... until they noticed the giant food company peeking interestedly over their shoulder. http://www.cracked.com/article_20025_5-world-famous-products-that-are-shameless-rip-offs.html

A Case of Stolen IP: Turner Barr v. Adecco


Article tag lines read things like “A multi-billion dollar corporation trying to promote “youth employment” steals an independent travel blogger’s brand, idea, and even likeness out from under him.” http://expertvagabond.com/around-the-world-in-80-jobs/

Why Guard Your Brand?

•  Having your great idea or great brand stolen is a major reason to invest in protecting your brand and other intellectual property.

•  Your brand is your calling card and as you establish a reputation you want to be able to protect that from dilution.

•  Protect your revenue stream. •  At the center of guarding your brand: intellectual

property (IP) and the Internet. ▫  IP – “creations of the mind: inventions, literary and

artistic works, and symbols, names, images, and designs used in commerce” - WIPO


How do you guard your brand? 1.  Know the types of intellectual property

protection ▫  Trademarks - brand identifiers ▫  Copyrights - protect original works of artistic

expression ▫  Patents - protect new inventions ▫  Trade dress & trade secrets

2.  Determine which protections you need immediately & make your ownership known

3.  Register your IP 4.  Police your IP


How to Acquire Rights

• Patents - Application, Examination and Grant

• Copyright - Writing something -- perfected by declaration and registration

• Trademarks - Use in Interstate Commerce,

then registration


Should I get an Attorney?

• Definitely ▫  Filing for a trademark, copyright (not usually

necessary) or patent ▫  Counseling on policing your IP ▫  Anytime you’re unsure – avoid costly mistakes

• Maybe ▫  Draft Cease & Desist Letter Templates


What can I do on my own? •  Keep track of your first use of trademarks, content,

logos, etc.

•  Include the appropriate copyright © and trademark symbols ® on your work.

•  Watermark your images

•  Have the reference link automatically populate when content is copied

•  Police your mark (c) 2014 Camille Stewart

www.TheDigitalCounselor.com

Tools to Police Your IP

• Google alerts

• Copyscape.com

•  Paid services

Making the Most of the Internet

• Register your domain • Get creative using the new gTLDs ▫  Some that you might consider: “.guru” “.consulting”

“.ventures” “.photography” “.active” “.expert” “.coach” “.lifestyle” “.shopping” “.events” ▫  Companyname.consulting ▫  FirstnameLastname.photography ▫  CamilleStewart.Esq


Questions? Please visit

for more on this and other topics related to intellectual property and cyber law.

Camille Stewart, Esq is Principal at her own consultancy,

Marque Law. Please reach out for help with anything intellectual property or cyber law related. More info

available on the blog.

Follow me on Twitter! @CamilleEsq (c) 2014 Camille Stewart

www.TheDigitalCounselor.com

TheDigitalCounselor.com

guard your brand! 4.22.2014

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