Intellectual property (IP) includes patents, copyrights, trademarks, trade secrets, trade names, Internet, technology licensing, and more. High tech firms are not the only entities that have IP issues or concerns.
Company Name. The name of any company is a valuable asset and carries goodwill. It can, if properly protected, keep others from adopting a similar name or from registering similar trademarks or domain names. This is true for a bank, a construction company, an insurance company, a foundation or non-profit entity, an educational institution, a mom and pop store, a recreational facility, or any other person or entity whose name is used in conducting business. Whether a local one-site location, a nation-wide or an international company, safeguarding a business name helps avoid confusion among participants of the relevant market. Kirton & McConkie’s IP section regularly advises clients in such matters.
Brand Names. The brand names of goods (trademarks) or services (service marks) are also a valuable asset whose associated goodwill is used by many consumers when seeking goods or services. Whether a company sells goods or offers services, the brand names associated with the goods and services can be used to distinguish the goods and services of one company from the goods and services of another. Even colors and shapes can be protected. However, marketing and legal issues often collide. Marketing wants to use product names which immediately identify or suggest the product. Such are, however, weak trademarks. Strong trademarks are less descriptive, or best, not descriptive of the goods at all. Understanding this important point can save companies significant resources by helping marketing and legal understand how the desires and objectives of both can be satisfied by the proper selection and use of brand names. Again, whether a plumber, a car wash, a franchise or any other company offering goods or services, each can benefit from better understanding these concerns in order to maximize goodwill and distinguish its products from those of another. Kirton & McConkie’s IP section has handled thousands of such cases.
Patents. Not all companies have patent issues. The preparation, filing and prosecution of a patent application are not recommended as do-it-yourself projects. Like many other things, fixing a bad one often costs more than doing it right in the first place. But if any devices, methods, processes or compositions of matter are part of the company’s business, it is better to assess the possibility and value of obtaining patent protection early before publicly using them to avoid losing rights, to maximize rights and to plan a strategy to keep imitations and knock-offs at bay. Patent protection gives the company the right to exclude others from practicing the patented technology. Since patents are only good for a limited period of time, in some circumstances, it is better for the company to rely upon trade secret protection, which is perpetual so long as the secret is maintained. All of the lawyers in Kirton & McConkie’s IP section are registered patent attorneys with technical degrees in electrical, civil, mining, mechanical and chemical engineering, as well as physics, chemistry, optics, mathematics, material science, bio-chemistry, etc.
Copyrights. Almost all businesses have copyright issues. Whether it is the generation, preservation, reproduction, use or distribution of any form of expression (whether literary, visual, sound, or the many other forms of expression), safeguarding their value can be readily available via copyright protection. Whether a new quilt pattern, or an instruction book for company policies and procedures, protecting the same from unauthorized copying and distributing can be a valuable business advantage and asset.
Trade Secrets. What is a trade secret? Anything that is not generally known but gives one company an advantage over another can be considered a trade secret. This can be sources of materials, customer lists, formulations, recipes, etc. The list is almost endless, but recognizing and safeguarding them inside and outside the companies requires taking certain steps and educating personnel. This kind of advice is readily available from Kirton & McConkie’s IP section.
Internet. The Internet has opened a myriad of issues from privacy to world-wide infringements and violations. Congress has reacted by enacting safe harbors for Internet service providers, remedies for cyber-squatters, and many other IP reforms to begin to address the many new issues resulting from widespread Internet use. In many instances, by using the proper tools, it is possible to remove offending or infringing mater from Internet sires without even contacting the web site owner. Kirton & McConkie’s IP section has addressed Internet issues having a global reach. We can help avoid pitfalls and liability while maximizing use and protection.
All companies have one or more of these areas impacting their business. IP isn’t just for high-tech companies. If you have any questions or concerns about IP protection, please contact Berne Broadbent at bbroadbent@kmclaw.com.