INTELLECTUAL PROPERTY PROTECTION PLANS KRISTEN ROBERTS, THE PALEO ATTORNEY How to develop & implement IP plans for your business

TOP ‘VALUABLES’ PEOPLE ASK QUESTIONS ABOUT:  Recipes  Trademarks  Blog Posts  Photographs  Personal Names  Titles of Books  Stopping Infringement  Starting a Business  Business Plans  Building Your Team

PROTECTING YOUR INTELLECTUAL PROPERTY

PALEO IP PORTFOLIO  VALUE  GOODWILL  TRUST

DEVELOPING AN INTELLECTUAL PROPERTY POLICING STRATEGY

SOOOO…. HOW THE HECK DO I ACTUALLY DO IT?  IDENTIFY  PROTECT  POLICE  ENFORCE

IDENTIFY

WHAT’S WORTH PROTECTING? COPYRIGHTTRADEMARKPATENTS

COPYRIGHT [def. Copyright law protects original creative works fixed in a tangible medium, And gives the creator of those works rights to exploit them for money.]

E-BOOK ORIGINALITY AND TANGIBILITY ARE KEY. BOOK IDEA

COPYRIGHT E-BOOKS PHOTOGRAPHS RECIPIES BLOG CONTENT

TRADEMARK [def. A trademark is any word, phrase, symbol, or design that seeks to identify the source of goods and services to consumers.]

NAME SYMBOL PHRASE

STRENGTH OF MARK GENERIC DESCRIPTIVE SUGGESTIVE ARBITRARY FANCIFUL

RECAP TIME! IDENTIFY WHAT WE ARE TRYING TO PROTECT

PROTECT

WAYS TO PROTECT YOUR IP

COPYRIGHT ACT  “STATUATORY DAMAGES”  ONLY CLAIM IF REGISTERED  REGISTER ON TIME  DON’T WASTE TIME!

TRADEMARKS  “REBUTTLE PRESUMPTION”  PROVE 1 ST TO USE  LONGER MARK REGISTERED THE BETTER

COPYRIGHT TRADEMARK REGISTRATIONS  COPYRIGHT OFFICE  COMPLETE ONLINE  BOOKS  U.S. PATENT & TRADEMARK OFFICE  YEAR TO COMPLETE ®

CLAIMING RIGHTS IN THE NAME, GOING THROUGH REGISTRATION PROCESS ® TM RESERVED FOR REGISTERED TRADEMARKS, CAN’T USE UNLESS REGISTERED SORTING OUT CONFUSION

CAN USE IF NOT REGISTERED, DON’T HAVE TO USE SYMBOL SORTING OUT CONFUSION

VERIFYING COMPETITION LIZ WOLFE Photo cred: Kelli Ann Photography

VERIFYING COMPETITION LIZ WOLFE DON’T BURY YOUR HEAD IN THE SAND. AND IN ORDER TO NOT DO THE OSTRICH, YOU NEED TO BE PROACTIVE AND TAKE PREVENTIVE MEASURES FROM THE BEGINNING. DON’T BE COMPLACENT BECAUSE YOU THINK YOUR WORK WILL NEVER REACH ENOUGH PEOPLE. BECAUSE IT’S MORE ABOUT PROTECTING THE WORK YOU PUT IN… “ Photo cred: Kelli Ann Photography

VERIFYING COMPETITION LIZ WOLFE NOT WAITING TO SEE HOW SOMETHING YOU’RE PASSIONATE ABOUT DOES IN THE MARKETPLACE. AND WHEN YOUR WORK DOES WELL, YOU’LL HAVE EVERYTHING SET UP TO PROTECT IT. -LIZ WOLFE ” Photo cred: Kelli Ann Photography

RECAP TIME! IDENTIFY WHAT WE ARE TRYING TO PROTECT PROTECT IP THROUGH REGISTRATION & CLAIMING USE

POLICE

“TROLLING”

TROLLING FOR COPYCATS

HOW COULD WE HAVE AVOIDED THIS SITUATION?  SET UP GOOGLE ALERTS TO MONITOR TERMS  CHECK USPTO TRADEMARK ELECTRONIC SEARCH SYSTEM  CHECK SIMILAR DOMAIN NAMES, CONSIDER BUYING

ENFORCE

DEALING WITH INFRINGEMENT ESTABLISH SOMEONE IS INFRINGING ON COPYRIGHTED MATERIAL  PRESENT ARGUMENT CORRECTLY  MAKE SURE ITS DIRECT COPYING  HAVE A REGISTERED TRADEMARK  START COMPLAINT DIRECTLY WITH WEBSITE

WHAT IF THEY WON’T REMOVE INFRINGING MATERIAL?  FIND INFRINGER ONLINE  WHOIS LOOKUP SEARCH  WHOIS.DOMAINTOOLS.COM  GODADDY.COM  BETTERWHOIS.COM

CEASE & DESIST LETTERS

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