Intellectual Property FAQ

INTERNET

What is "cybersquatting?"
"Cybersquatting" is the practice of registering an Internet domain name that rightfully belongs to another person or company, usually with the intent to sell that domain name to the other party for an inflated price. Congress recently passed legislation to attack this practice by providing a specific trademark remedy for cybersquatting under the Trademark Act of 1946.

Should I register an Internet domain name for my company's name if I already own the trademark or service mark for that name?
Yes. Domain name registration is a fast and inexpensive way to assert your rights against cybersquatters and other parties with claims to the domain name.

If I own a domain name for my company's name, should I register related domain names?
Generally, yes. Those trying to locate a web site often fail to find it because they misspell a key word or they type the wrong top-level domain name (i.e. ".com" instead of ".org"). Multiple registrations can make it easier for people to find your web site and also guards against cybersquatters.

What is "framing?"
"Framing" is the reproduction of one party's Web page or pages within a "frame" of another party's web site that contains the "framed" site's trademark or logo. This practice leads to federal and state claims of trademark infringement, trademark dilution, unfair competition, false advertisement and misappropriation.

How private is information transmitted over the Internet?
The Internet provides the capability for companies and individuals to share vast quantities of private information quickly and inexpensively. When dealing with a service provider or on-line retailer, please read and understand their privacy policy. Companies that plan to conduct e-commerce should develop a privacy policy designed to optimize their business efficiencies without infringing upon the rights or wishes of their customers.

TRADEMARK QUESTIONS

What is a federal trademark?
A federal trademark is the form of legal protection issued by the United States Patent and Trademark Office that recognizes words, names, symbols, logos, or combinations thereof, that are used, or intended to be used, in interstate commerce as a means to identify the source of one's goods and services.

What is the difference between a trademark and service mark?
Trademark protection applies to goods and service mark protection applies to services. The application process for and rights provided by trademarks and service marks are identical.

Why should I register a trademark?
Federal registration of one's mark provides constructive notice throughout the nation of the registrant's claim of ownership to the registered material. It creates a legal presumption that the registrant does, in fact, own the registered material, and gives the federal courts and the U.S. Customs Service the right to address claims of infringement.

How do I register a federal trademark or service mark?
One can register a federal trademark or service mark by submitting a registration application and the requested filing fee and attachments with the United States Patent and Trademark Office. The current filing fee for to register a trademark or service mark is $325.00. Our attorneys, who are familiar with the trademark application process and who can conduct a search of previously registered trademarks, can shepherd you through this process and can help you to save time and money in registering your mark.

COPYRIGHT QUESTIONS:

What is a copyright?
A copyright is the form of legal protection recognized by the United States Copyright Office for an original work of authorship fixed in a tangible medium of expression. An author can obtain a copyright for published or unpublished literary, dramatic, artistic, pictorial, graphic, sculptural, architectural or musical works, and other intellectual works such as computer code, sound recordings and software. Copyright protection does not extend to intangible ideas, concepts, processes, principles or systems and other items that have not been reduced to a tangible form of expression. By obtaining a copyright, the author obtains the exclusive right to copy, distribute, perform, display or make derivative works of the copyrighted material.

How do I obtain a copyright registration?
One can register a copyright by submitting a registration application with the United States Copyright Office, with the requested filing fee and copy or copies of the work of authorship. For pictorial, graphic and sculptural works, the current filing fee for to register a copyright is $30.00.

How long does a copyright last?
All copyrightable works created by individual authors since 1978 are now protectable for the life of the author plus 70 years. For any work created since 1978 as a "work made for hire," the copyright protection will expire the sooner of 95 years from the date of first publication, or 120 years from the date of creation.

How do I know when I have infringed on a copyright?
If you want to use, copy, publish or prepare a derivative work from a work of authorship fixed in a tangible form, you must determine if the work is copyrightable. If a copyright for that work has been registered, and if you possess a valid defense to a copyright infringement claim by the author. If you need help in answering any of these questions, please consult an attorney.

TRADE SECRET QUESTIONS:

What are trade secrets?
Trade secrets are critical pieces of proprietary information, e.g. plans, recipes, processes, methods, strategies, cost and pricing data and employee know-how, that maintain an independent economic value by not being disclosed to the public. To be a trade secret they must be the subject of reasonable efforts by the owner to protect the confidentiality of such information. Trade secrets do not include matters of common or industry knowledge or information discovered through reverse engineering or independent development.

How can I protect my trade secrets?
Measures designed to protect a company's trade secrets include, but are not limited to, visitor control procedures, employee confidentiality and non-disclosure agreements, employee termination procedures, employer proprietary rights agreements, policies for specifically and repeatedly identifying information as "secret" or "privileged" and policies to limit access to information to restricted persons or places.