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Re: Design Protection


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Posted by Stephen L. Anderson on December 17, 2001 at 11:51:11:

In Reply to: Design Protection posted by Frank Papaleo on December 17, 2001 at 11:10:41:

Dear Frank:

There are several ways to protect new and inventive ideas used in business. These include: trademarks, copyrights, trade secrets (proprietary business methods, contacts, customer lists, recipes, etc.) and patents.

As you know, WE PROTECT IMAGINATION and offer online registration services for basic copyrights, trademarks and domain names at www.mybrandsonline.com.

Beyond the basics, our attorneys and agents work to create INTELLECTUAL PROPERTY SOLUTIONS which maximize each of our clients' unique and distinct personalities and properties. However, we do not usually give specific legal advice to persons other than our clients. Nor do we have
enough information about your idea to make any immediate or specific recommendations.

For now, we offer the following tips and suggestions which may or may not apply in your particular situation.

1) Copyright protects a wide variety of intellectual properties, including pictures and words, e.g., works of art (paintings, sculpture, photographs, jewelry designs, etc.) literary works, (books, song lyrics, poetry,) as well as choreography, sound and video recordings, and other expressive creations.

Copyright protects the author's original creative expression as contained in the work but DOES NOT usually extend to any IDEA, procedure, process, method, system, discovery, NAME or short title or slogan.

Therefore, while COPYRIGHT PROTECTION may be available for the unique expressive aspects of your idea, plan, marketing approach or recipe: (e.g., "a pinch of sugar, a dash of salt, smoke a cigar and drink a malt") it may not be sufficient to protect the actual recipe or formula: (e.g., 1/2 tsp: sugar, 1/4 tsp: salt).

We can help to promptly register your claim to your original, expressive material.

In the case of drawings artwork and designs, each can be copyrighted independently for the strongest protection. Our Basic US Copyright applications cost $249 including the government fees, copies, express delivery service, return postage and the certificate of registration.
For more information about copyright go to www.copyrightpros.com. TO apply now, go to www.mybrandsonline.com.

2) Trademark protects names, slogans, logos and symbols used in business. (e.g., company names like: STARBUCK'S, MCDONALD'S, or FORD; product names like OREOS, BIG MAC or EXPLORER; personal names like: LAURA ASHLEY or CALVIN KLEIN; slogans like WE LOVE TO SEE YOU SMILE, or THE ONLY WAY TO FLY; designs like: the "GOLDEN ARCHES" or the NIKE "SWOOSH", symbols like: "SNAP CRACKLE & POP" and even sometimes color schemes like: Brown for UPS courier service or Pink for SWEET 'N LOW as well as other types of trade dress, including distinctive packaging, architecture and interior store design and uniforms.

What is in a name? Though Shakespeare said that a rose by any other name would still smell as sweet
. . . the importance of a product or business name cannot be underestimated. Often when a NEW PRODUCT IDEA makes it to the marketplace, even without a PATENT on the IDEA -- the NAME of the BRAND or PRODUCT can forever dominate the industry. (e.g, KLEENEX, KODAK, JELLO, XEROX, RUBIK'S CUBE or the PET ROCK).

Prior to seeking to register a trademark, a search should be conducted to determine whether the name, (or device) or a similar name is already in use by others. We offer low-cost and wide-ranging search options (and basic trademark applications) at our secure server www.mybrandsonline.com to get you started
quickly.

On the other hand, if you wish, you can complete the information listed below and send us the materials requested by mail. Basic Trademark applications cost $599 for one class, and $1025 for a two class application (including the government filing fees of $325 per class and all related postage, copies and typical correspondence).

If you have not yet used the desired mark or if there are objections by the Trademark Examiner or oppositions filed by others claiming a superior right in the mark, there may be additional fees required.

In addition to TRADEMARKS, we also help our clients to REGISTER and PROTECT their DOMAIN NAMES and in many cases, we can also help our clients in filing BUSINESS INCORPORATIONS, or DBAS (fictitious business name) statements.

In cases of disputes over trademarks and Common Law Designations and trade names, our attorneys can advise on strategies on avoiding and/or prevailing in such litigation.

3) Patent protection is available for inventions, that is new, original, unique and different items
which perform some useful function (like a FRISBEE, a YO-YO, GALVANIZED RUBBER TIRES). In some cases, patents have been used to protect business methods, (including the American Express Traveler's Check) or even a new way of doing things - and of course, many functional forms of software have been patented. (Google's search engine method has been patented).

Our Crew includes a registered Patent Agent and several Intellectual Property Attorneys who guide inventors through the process.

Once informed about the nature of a particular the invention, we can quote fees for a patentability search and for patent applications, filing and maintenance.

4) Trade Secrets
Trade secrets are creative works and compilations of information that give the creator a competitive advantage over other traders who would not be able to easily obtain or create the same information.

This term is extremely broad, covering for example:
business records, systems, and practices\
sensitive marketing manuals and materials
price and fee schedules
supply sources
customer information and mailing lists
information about prospective business opportunities
information on the effectiveness of personnel
technical know-how such as formulas, recipes and magic tricks

Reasonable steps must be taken to ensure that all persons with access to a trade secret keep such knowledge in confidence. Our attorneys regularly draft non-compete clauses and non-disclosure agreements and can offer other advice about protecting and maintaining trade secrets.
Indeed, strong contracts, proper hiring methods and careful vendor/ manufacturer/ marketing agreements have served not only to keep the public from learning the formula for COKE(R), but also to keep imitators from coming too close in reproducing such products as bar-b-q sauce, seasoning mixes, shampoo, pharmaceutical
products, and software.

YOU MAY CHOOSE TO SEEK REGISTRATION OF YOUR NEW NAME, DESIGN, OR BUSINESS PROCESS IN ORDER TO PROTECT IT FROM COPYCATS OR INFRINGERS. REGISTRATION SHOULD BE SOUGHT IN ANY COUNTRY WHERE YOU DO BUSINESS OR WHERE YOU EXPECT INFRINGEMENT MAY OCCUR.

For details concerning our fees and services check our websites:
www.mybrandsonline.com
www.brandXperts.com and
www.namesavers.net

If you have further questions, we would be happy to assist.

Best Regards,

Stephen Anderson
Anderson & Shippey
WE PROTECT IMAGINATION

Offices in Irvine and San Francisco, California and Washington, D.C. - websites everywhere.
email: attorneys@brandXperts.com

Airmail: Anderson & Shippey
8001 Irvine Center Drive, Suite 400,
Irvine, California 92618 U.S.A.

tel Irvine (949) 754-3048
fax. (949) 754-4428

WEBSITES-

http://www.brandxperts.com/ TRADEMARKS

http://www.copyrightpros.com/ COPYRIGHTS

http://www.namesavers.net/ DOMAIN NAMES

http://www.mybrandsonline.com/ ONLINE REGISTRATION

INTELLECTUAL PROPERTY SOLUTIONS FOR THE NEW MILLENNIUM





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