My past two blog posts in the basic IP terminology series have addressed copyright and trademark, respectively. This third and final installation of the series will cover the area of trade secret law and what type of information can constitute a protectable trade secret.
What is a Trade Secret?
Under the Uniform Trade Secret Act (UTSA), which has been enacted by most states (including California) and the District of Columbia, a trade secret has three basic components:
It consists of information of some kind (such as a formula, pattern, compilation, program, device, method, technique or process);
Basic IP Terminology—What is a Trade Secret? My past two blog posts in the basic IP terminology series have addressed copyright and trademark, respectively. This third and final installation of the series will cover the area of trade secret law and what...
Earlier this month, I posted the first blog entry in my basic IP terminology series about copyright. This time, we’ll take a look at what exactly a trademark is and what the benefits are of protecting and registering your trademark.
What is a Trademark?
Trademark and copyright are often confused by those who are unfamiliar with how IP rights are distinguished.
A trademark is a word or design (like a logo) that is used in a branding capacity to indicate to consumers the source of the particular product or service that is being offered to the public.
Basic IP Terminology Series—What is a Trademark? Earlier this month, I posted the first blog entry in my basic IP terminology series about copyright. This time, we’ll take a look at what exactly a trademark is and what the benefits are of protecting...
Everyone is familiar with trademarks—those logos, slogans, and brand names we come across every day— but not everyone knows the difference between the TM symbol and the ® symbol.
If you haven’t noticed it before, a very small “TM” in bold, UPPERCASE or a small r-in-a-circle symbol (“®”) appears in superscript, most often in the upper right hand corner of a trademark.
If you claim rights to use a trademark, applying the correct symbol designation serves to notify your competitors of the type of trademark rights you have in your mark. In the event that you sue someone who is using your trademark without your permission, failure to provide proper notice of your trademark in this way may result in your inability to obtain money damages or recover your court costs.
Everyone is familiar with trademarks—those logos, slogans, and brand names we come across every day— but not everyone knows the difference between the TM symbol and the ® symbol. If you haven’t noticed it before, a very small “TM” in...
Many people, especially those in the initial stages of their business or project, are unsure of how to describe and understand the intellectual property (IP) rights that are created in the course of running their business.
IP rights of some kind arise in virtually every type of business venture, and being able to wrap your head around those rights is a good first step toward protecting and monetizing them. So, what do you call the rights that you own?
What is Copyright?
Basic IP Terminology—What is Copyright? Many people, especially those in the initial stages of their business or project, are unsure of how to describe and understand the intellectual property (IP) rights that are created in the course of running their business....
Every once in a while, a court issues a decision reminding us that we may have rights we’ve never known about or sought to assert. This time the Trademark Trial and Appeal Board (TTAB) has given the New York Yankees more than they initially sought to claim for themselves.
Last month, a panel of TTAB judges held that the New York Yankees could prevent Evil Enterprises, Inc. from using the phrase BASEBALLS EVIL EMPIRE on clothing because the public had, in fact, come to regard the New York Yankees as, the “evil empire” of Major League Baseball.
Every once in a while, a court issues a decision reminding us that we may have rights we’ve never known about or sought to assert. This time the Trademark Trial and Appeal Board (TTAB) has given the New York Yankees more than they initially sought to claim for...
Every once in a while, a court issues a decision reminding us that we may have rights we’ve never known about or sought to assert. This time the Trademark Trial and Appeal Board (TTAB) has given the New York Yankees more than they initially sought to claim for themselves.
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