Pooginook Vineyards

Concept Map Pooginook Vineyards CEO: Aron CFO: Brooke Luckystar Publishing Protecting IP: Copyrights and Trademarks Information Sources Websites Professional Organizations Content What is IP? Copyrights & Trademarks Protection Infringement Length of protection Wrap-Up Summary Recommendations Sources IP Audit/Advisors

Luckystar Publishing Small publishing company Based out of Corvallis, Oregon Goal: To provide an easy, effective, and fast way for people to publish written material. Works with individuals all over the world via an online publishing website.

Questions for Pooginook What qualifies as IP? What types of software intellectual property are protected by law? What steps do we need to take to protect our IP from infringement?

Questions for Pooginook (cont) How long do copyrights and trademarks protect electronic IP? Is it any different from other forms of IP? How can we be sure our IP is not infringing on another firm's IP? What are the repercussions of infringement?

What is IP? Intellectual Property is defined as: The creations of the mind such as musical, literary, and artistic works; inventions; and symbols, names, images, and designs used in commerce. Different Intellectual Property forms: Copyrights Trademarks Patents Trade Secrets All help protect different types of work.

Copyrights and Trademarks  Copyrights:  The legal right granted to an author, composer, playwright, publisher, or distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work.  Trademarks:  A distinctive sign or indicator of some kind which is used by the individual or business to identify uniquely the source of its products and or services to the customer.  Video: A more simplistic comparison Video

Software IP Protection Under IP law software is considered a “literary work.” Classed the same as written work like poems or novels. The right to derivate works Patches, new versions, and translations of the software. Copyright can be attained as soon as it is “fixed in a tangible medium of expression” Rights to the production of software may be sold or licensed, while retaining derivate rights. Example?

Steps To Protecting IP  Some steps to consider when trying to protect Intellectual property are:  Fill out and send in correct forms that might be needed depending on the item or idea you are trying to protect.  Video: Which application forms to choose. Video  Hire an intellectual property advisor and have an audit done to go over in depth, what items should be protected and in which ways the law can help you.  Video: Protecting yourself and products. Video

Copyright Infringement In General. —An infringer of copyright is liable for either — (1) the copyright owner's actual damages and any additional profits of the infringer; or (2) statutory damages. (US Copyright Office) The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages.

Trademark Infringement If a party owns the rights to a particular trademark, that party can sue subsequent parties for trademark infringement. The standard is "likelihood of confusion." To be more specific, the use of a trademark in connection with the sale of a good constitutes infringement if it is likely to cause consumer confusion as to the source of those goods or as to the sponsorship or approval of such goods. (Polaroid Corp. v. Polarad Elect. Corp., 287 F.2d 492 (2d Cir.), cert. denied, 368 U.S. 820 (1961).)Polaroid Corp. v. Polarad Elect. Corp., 287 F.2d 492 (2d Cir.), cert. denied, 368 U.S. 820 (1961) Successful plaintiffs are entitled to a wide range of remedies under federal law. Such plaintiffs are routinely awarded injunctions against further infringing or diluting use of the trademark. In trademark infringement suits, monetary relief may also be available, including: (1) defendant's profits, (2) damages sustained by the plaintiff, and (3) the costs of the action. Damages may be trebled upon showing of bad faith. In trademark dilution suits, however, damages are available only if the defendant willfully traded on the plaintiff's goodwill in using the mark (15 U.S.C. § 1125(c)., 15 U.S.C. § 1116(a)).15 U.S.C. § 1116(a)

How can we be sure our IP is not infringing on another firm's IP? Here is where the manuals will come in handy. Example: Guide to IP.Guide to IP. Also, hire an attorney and go through the audit process.

How long do copyrights and trademarks protect electronic IP? In general, published works created on or after January 1, 1978, are protected for the lifetime of the author plus 70 years. In the case of joint authorship, copyright protection continues for 70 years after the death of the last surviving author. (University of Connecticut library online)

Summary Copyright is what would protect written publications such as the work that Luckystar will be publishing. Trademark protects an image, brand name, etc. associated with a product. Professionals are available to help you through the copyright process. Copyrights last for the authors lifetime plus 70 years following their death.

Recommendations Luckystar’s need is for copyright and trademark protection. Copyright helps protects software Trademark protects name, image, logo, identifier, ect. Customers need copyright on their materials as well. Manuals are available for further understanding of the ins-and-outs of copyrighting.

Recommendations (cont) Have an audit performed on the company to ensure everything is done correctly. Hire a Intellectual Property consultant to help Luckystar through the copyrighting process. Trust Has a background in or and understanding of the material being protected Face to Face contact with that attorney Get to know all people involved that will be working with you USPTO Website

IP Audit and Attorney Pro’s Help in understanding what aspects need to be protected and in what form. Keeps IP safer than if you were to do it yourself. Provide large amounts of information to help you choose the right protection. Wont miss anything that should be protected Con’s Expensive to hire attorney, but is beneficial

Sources University of Connecticut Online. US Copyright Office. Youtube World Intellectual property organization CSO Magazine Computer Forensics Online All Business Online World Intellectual Property Organization Wikipedia