An Overview of Intellectual Property, Product Safety & Development Alice Au Amanda Schaffer Fawn Horvath Marie Camacho

Trademarks Copyrights Patents Right of Publicity Intellectual Property

What is a trademark? TRADEMARK Any word, name, symbol or device used to identify goods or services and distinguish them from the goods or services of others

What is the difference between a ® and a ™? TRADEMARK A ® indicates that someone has a federally registered trademark while a ™ indicates that someone is claiming common law rights.

POPULAR TRADEMARKS

Sound ? What Else Can Function As a Trademark? - Brown for shipping Color ? Motion MGM Lion

COUNTERFEIT (a/k/a “Passing Off”) TRADEMARK INFRINGEMENT “FOUIS VUITTON”

Test for infringement = is there a likelihood of confusion as to the source of the goods or services Actual confusion not required TRADEMARK INFRINGEMENT

Protects overall graphics and shape of a product or its packaging Must be non-functional Enforced like any other trademark Examples: Coca-Cola bottle, Keds shoes (blue rectangle on shoe heel), Bloomingdale’s bags TRADE DRESS

Automatic right in original designs and creations put in tangible form (notice (©) is optional) Steps to establish a copyright: Create and fix an original work Publish/distribute/offer for sale to the public COPYRIGHT

What Does Copyright Cover? Music Photographs Writing Graphics Characters Icons Paintings Film

What Does Copyright Cover? Not Protected: - Ideas -Shapes and Functional Features of Apparel Protected: Expression

Substantial Similarity -To an ordinary person -Based on overall impression (not number of changes) COPYRIGHT INFRINGEMENT What is the test for infringement? Idea vs. Expression

PATENTS Utility: process, machine, manufactured item, etc. Business Method Typically last 20 years Design: ornamental shape of useful item Last only14 years

A license is a contract permitting the use of someone else’s intellectual property. LICENSING What is a License?

Advertising: Film clips, songs, even old commercials (ex: Geico) Licensed Merchandise (often animated characters or celebrities) - Hannah Montana lunchbox - Elmo plush toy Within other Creative Works - Song or movie clip in movie When Do You Need A License?

Right of Publicity The Right of Publicity - the right of any individual to control the commercial use of his/her name, image, likeness or some other aspect of identity, limited under U.S. law by the First Amendment. –Photos –Voice –Famous quotes Right of Publicity is a state law-based right, as opposed to Federal, and can vary significantly from state to state. –Ex: Indiana years after death and includes signature, photograph, gestures, distinctive appearances, and mannerisms. –California Celebrities Rights Act extended the personality rights for a celebrity to 70 years after their death.

Product Development Practical Business Concerns: Who, How, When, How much? Product Safety Other Considerations –Marketing Claims “Eco”, “Green”, “Organic” –Geo-Political Issues

PRODUCT SAFETY Who is Involved? What role do they play? Product Designers & Evaluation Teams: must develop safe products and conduct product safety testing. Suppliers and Vendors: must comply with all laws and our contract requirements. Marketing and Advertising Team: must design packaging with the appropriate use, care, and safety warnings.

Small Parts Lead in Paint Lead in Substrates Children’s Toys: Highly Regulated Key Toy Safety Standards: Federal, Industry Standards, State Laws Consumer Product Safety Improvement Act of 2008 (CPSIA) ASTM F963 Toy Safety Standard State & Local Regulations

Product Safety: Small Parts in Toys Small Parts Standard The Small Parts Tube Created to Prevent Choking Hazards – Under 3 yrs of age

Product Safety: Lead in Kids’ Products Lead In Paint & In Substrate Paint Standard – 90 ppm paint on products used by children. Substrate Standard – 100 ppm Does not cover appliances, household products. Can cause stunted brain development in young children. Hand to mouth exposure.

If a product fails a CPSC Regulation, the product is illegal and must be recalled. Product Recalls

Why Make That Marketing Claim? –“100% organic cotton, earth friendly” –“Lose 20 lbs in 10 days!” –“Remove all wrinkles in 30 days” – “4 out of 5 doctors approve” Does It Really Do That? What’s the Proof? Is it true? Testing and Certification Requirements –Show Me The Evidence. –Challenge the Four Corners of the Document. Product Development: Testing & Certification

Product Development: Geo-Politics & Sourcing US Trade Embargos: Cuba Iran Myanmar (Burma) North Korea Sudan Syria Laws Affecting International Commerce: LACEY Act Dodd Frank Act & Conflict Minerals –Tungsten, Tin, Tantalum, & Gold

We hope you enjoyed this overview of Intellectual Property, Product Safety and Development. Feel free to ask any questions! THANK YOU!