Adult Toy Vault Consulting for Protecting IP: Copyrights and Trademarks

Adult Toy Vault CEO – Nicole  Oversees operations CIO – Lauren  Heads up information research CTO – Patrick  Technology

The Home Depot Problem Statements 1. Home Depot has already had legal issues with people using the Home Depot Homer without consent. Is there a way because the world is so huge as is Home Depot as a corporation, for the Trademark of Homer to be recognized as the Home Depot mascot? 2. "You can do it. We can help." We all know this saying and again going along with the first point, can Home Depot be more protected? Or should they just not care about people using these trademarks and copyrights because it is so hard to control and keep track of everything/everyone. 3. Overall, our main questions were how can you protect such a big corporation and should this be something that is loosely coupled? 3. Overall, our main questions were how can you protect such a big corporation and should this be something that is loosely coupled?

Copyrights What are they? Copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following: Section 106Section 106  To reproduce the work in copies or phonorecords;  To prepare derivative works based upon the work;  To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;  To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;  To display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and  In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.

Copyrights Who Can Claim Them? Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.

How to Get a Copyright Do you have copyright eligible work? Assistant Professor Mary Kilpatrick explains when, why and how you should procure a copyright for your literary, dramatic, musical or artistic works on this episode of The Massachusetts School of Law's A Point of Law. Video

Copyrights Effect on The Home Depot Example: Copyrighting Home Depot’s signature ‘How-To’ Instructions may prevent competitors, such as Lowe’s, from illegally marketing the same instructions.

Trademarks What Are They? A trademark that is unusual in the context of its use, and therefore memorable. Distinctive marks typically consist of terms that are fanciful or arbitrary (Penguin books), suggestive (Accuride tires), or coined (Maalox antacid). Distinctive marks receive maximum judicial protection under state and federal laws.

Do You Know These Trademarks?

Trademarks Do They Need to be Registered? “Trademark registration is not required but it will help you in case the use of the mark is challenged. You can establish rights in a mark based on legitimate use of the mark. "Legitimate use" in general means that the name, mark or symbol used in connection with a bona fide offering of goods or services within a specified geographical region. Thus, if, for a period of time, you use the mark to sell toys in the Los Angeles Metropolitan Area, you acquire rights to the mark selling toys in that particular area. Or, if you do business nationwide, you acquire rights to the use of the mark, nationwide.” –

Concept Map

Response to Problem #1: Is there a way for the Trademark of Homer to be recognized as The Home Depot mascot?  Visit to be more aware if The Home Depot holds the rights to using ‘Homer D. Poe’ as a mascot.  Complete a copyright registration form at

Response to Problem #1: Is there a way for the Trademark of Homer to be recognized as The Home Depot mascot? Obtaining a trademark can be expensive. The process you have to go through to get approved can be long and the fees can add up to the thousands. At 3.5 years, 7.5 years and 11.5 years you will have to pay a maintenance fee that ranges from $1,000 to $3,000. Uploading or downloading works protected by copyright without the authority of the copyright owner is an infringement of the copyright owner's exclusive rights of reproduction and/or distribution. Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed. In other words: Investigate who might own the rights to your image or trademark to save time and money!

Response to Problem #2: "You can do it, We can help”, can Home Depot’s slogan be more protected? File a federal trademark application with  In addition, your application must be accompanied by:  a "drawing" of your mark (for word marks, simply type the word; for graphic marks, you can include a photo file of graphic images)  samples of how your proposed mark is being used, and  the registration fee -- currently $325 per class when filing online.

Response to Problem #3: How can you protect such a big corporation and should this be something that is loosely coupled?  Nolo.com is an excellent legal resource before consulting a lawyer  Nolo was first started in 1971 by a man named Ralph Warner, now it is a publishing website based out of Berkeley,California that produces do-it- yourself legal books and software that reduce the needs to hire lawyers. It assists in legal matters such as divorces, making wills, and business  Buy books pertaining to specific issues. You can either download the software online, or buy books from their website. The cost are varied from around $50 bucks for a book explaining how to write a will, to close to $200 for a book explaining how to obtain a patent.  After researching, hire a lawyer (or group thereof) specializing in copyrights to find specific resources for protecting your large company.  Most importantly, make certain you are the first to use your trademarks!

Summary  Confused?  Difference between copyrights, patents and trademarks:  Video Video  Recommendations Review:  Investigate desired trademark  Complete a copyright registration form at  File a federal trademark application with  Visit Nolo.com for other legal knowledge pertaining to trademarks before consulting a lawyer