The Intellectual Property Forum

Thanks for the feedback.

So, when you search "nylon" on USPTO web site you get hits on "nylon" and then there are a ton of other registered trademarks that include the word "nylon" both in the words-only part and in the drawing. The material in question for me is the same way - the word is registered, and several other trademarks using the word are also registered.

So, your gut feeling is that these other trademarks are potentially at risk of challenge from the owner of the single-word trademark?

Thanks again.
c.

They may be at such risk, but the more uses of the word which appear, the less likely it may be that the owner of the mark "Nylon" can stop others from using it.

Are you sure "Nylon" is registered?

My feeling is I really only need to register "clamacker" as that is the key piece that I want to protect.

To add to Jim's well reasoned advice, if "Clamacker" is the "key piece" to protect (e.g., if it is the principal brand name), then a registration on it alone will be broader than a registration combined with other words.

- Jeff

1.  Do idea for software need to be patent or copyright?

Both are applicable.  Patents protect the idea, while copyrights protect unauthorized duplication of your product (generally speaking).

2.  If I disclose my idea to a second party by signing a non-disclosure (confidentiality) agreement form. will my  :)idea be protected?

Legally speaking, NDA's  protect the idea from being exploited by the receiving party; however, enforcing NDA's can be difficult to enforce.  Also, NDA's do nothing to toll the on-sale bar, as far as I know.

3.  How do one go about reaching (signing) agreement on line?    

What agreement?

Mike -

In short, it's really a business decision.  Ostensibly, an outright assignment in consideration of future royalties should be worth more to the assignee than a non-exclusive license, and so the assignee should be willing to give a greater royalty rate.  

As far as the legal difference between an exclusive license and an assignment, generally the assignment agreement will be simpler and the rights granted broader, although the terms of an exclusive license can be quite broad.

The only other consideration that comes to mind concerns default.   In an exclusive license arrangement, the license may automatically terminate if the licensee defaults (e.g., by failing to pay royalties).  In the assignment  context, it may not be as easy to have the patent rights revert to assignor.  Instead, the assignor's remedy in this instance would be in the realm of breach of contract (with recision possibly effectuating an assignment back to the assignor).  I don't know if the law would recognized a provision which automatically terminated (or assigned-back) the patent upon default.

- Jeff

Future royalties are legitimate consideration for an assignment, but the assignment agreement must be carefully constructed to avoid wasting the patent asset, etc.

What exactly is your question?

Isaac -

I'm very interested in cites to cases where courts have found standing based on evidence that a registration has been filed.  Could you post what you have?

Thanks.

- Jeff

There is little, if any substantive difference between copyright for works displayed on the internet and those displayed in a magazine.

What exactly is your question?

I think Isaac is right on target with his advice to the OP.  The artwork will almost certainly be copyrightable, but the real issue, from a business standpoint, is protection of the marks used (e.g., the name of the clothing company).

My suggestion is to discuss this matter with a qualified intellectual property attorney.  Proecting brand identity is too important not to.

- Jeff