1. Presented by: PAMELA C. GAVIN 4.19.2013

2. A trademark or service mark is any distinctive word, name, symbol or device, used by a person or entity to indicate a single source of goods or services, even if that source is unknown. WHAT IS A TRADEMARK?.

3. “Use” of a “Mark” in “Interstate Commerce” In Connection with Certain Goods/Services –Common Law Rights –Federal Registration How to Establish Rights in a Mark?

4. EXAMPLES OF TRADITIONAL MARKS GAVIN LAW OFFICES ™ Burberry Plaid

5. Examples of Nontraditional Marks MGM Lion’s Roar The Color Pink “Sweet Georgia Brown” Scent of Plumeria

6. NOTICE OF RIGHTS A trademark may be designated by the following symbols: This is an example text. Go ahead and replace it TM ® SM (R) (for a registered trademark or service mark TM (for an unregistered trademark, i.e., one used on goods) SM (for an registered service mark, i.e., one used with services).

7. Marks can become generic through failure to protect/police Aspirin - Still a Bayer trademark name in about 80 countries, but declared generic in the U.S. Cellophane - Still registered trademark in Europe. Originally a trademark of Dupont. Escalator -Originally a trademark of Otis Elevator Company. Heroin- Trademarked by Friedrich Bayer & Co in 1898. WHY PROTECTION IS IMPORTANT

8. Intellectual Property Rights are Territorial

9. What is Infringement? Examples: ArrowAir-O CitibankCity Bank Ho Ho’sYo Yo’s SeikoSeycos SteinwaySteinweg Use of a mark by a latecomer to the marketplace where such use is ‘confusingly similar’ to the protectable interest of a senior user.

10. U.S. companies expanding abroad must protect marks internationally –Foreign national registrations –International treaties –Use of local counsel –Use of WIPO and local courts International Protections

11. Subject matter –Literary works –Musical works –Pantomines/choreography –Pictorial/graphic/sculptural –Audiovisual/sound recordings –Architectural works COPYRIGHT PROTECTION

12. Creative authorship is protected (with certain exceptions) NATURE OF COPYRIGHT PROTECTION Ideas cannot be copyrighted Idea Creative Expression

13. Original creation Fixation Tangible medium of expression Protection Arises How?

14. Work for Hire –Scope of Employment –Independent Contractor Joint Works Public Domain Written Agreement –Assignment of Rights –License Copyright Ownership - Who is the “author”?

15. Not mandatory Inexpensive Registration may confer benefits –Statutory damages –Attorneys’ fees Copyright Registration

16. Confidential, valuable information Use NDA’s, Policies, Agreements Confidential, valuable information Use NDA’s, Policies, Agreements Other Types of Intellectual Property Covers inventions -new -useful -nonobvious Covers inventions -new -useful -nonobvious Patents Trade Secrets

17. Top level domains (e.g.,.com,.biz,.net) UDRP v. Court Actions Not necessarily, but sometimes are the same as “trademarks” Domain Name Perils

18. Written agreement that governs terms and conditions of third party use. –Who, where, when, cost, –How License Agreement

19. Any Questions? THE END