Adult Toy Vault Consulting forAdult Toy Vault Consulting for

Protecting IP: Copyrights Protecting IP: Copyrights and Trademarksand Trademarks

Adult Toy Vault Adult Toy Vault Storage Co.Storage Co.

CEO – NicoleCEO – Nicole Oversees operationsOversees operations

CIO – LaurenCIO – Lauren Heads up information researchHeads up information research

CTO – PatrickCTO – Patrick Provides Technological supportProvides Technological support

The Home DepotThe Home DepotProblem StatementsProblem Statements

1. Is there a way for Homer to 1. Is there a way for Homer to be recognized as the Home Depot mascot be recognized as the Home Depot mascot and protected?and protected?

  2. You all know the saying, “You can do it. 2. You all know the saying, “You can do it.

We can help.” How can we protect this We can help.” How can we protect this and should we?and should we?

3. We are such a large corporation… should 3. We are such a large corporation… should we just not bother with this?we just not bother with this?

About Home DepotAbout Home Depot Founded in 1978Founded in 1978

World’s largest home improvement specialty World’s largest home improvement specialty retailerretailer

Over 2,200 retail location in the United StatesOver 2,200 retail location in the United States

Fiscal 2007 retail sales were $77.3 billionFiscal 2007 retail sales were $77.3 billion

Copyrights…Copyrights…What are they?What are they?

A form of protection provided by U.S. laws to the A form of protection provided by U.S. laws to the authors of “original works of authorship”authors of “original works of authorship”

Forms Included:Forms Included: LiteraryLiterary MusicalMusical ArtisticArtistic Other intellectual worksOther intellectual works

Protects both published and unpublished worksProtects both published and unpublished works

1976 Copyright Act1976 Copyright Act

Gives the owner the exclusive right to do and to Gives the owner the exclusive right to do and to authorize others to:authorize others to:

Reproduce the workReproduce the work Prepare derivative works based on the originalPrepare derivative works based on the original Distribute copies to the public by sale, rental…Distribute copies to the public by sale, rental… Perform the work publiclyPerform the work publicly Display the work publiclyDisplay the work publicly Perform the work by digital transmissionPerform the work by digital transmission

How to Get a CopyrightHow to Get a Copyright

Assistant Professor Mary Kilpatrick Assistant Professor Mary Kilpatrick explains the steps taken in this edition of explains the steps taken in this edition of The Massachusetts School of Law's: A The Massachusetts School of Law's: A Point of Law. Point of Law.

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How to Get a CopyrightHow to Get a Copyright

1.1. Application:Application:1.1. Title of workTitle of work

2.2. Author’s name and addressAuthor’s name and address

3.3. Year of creationYear of creation

4.4. Type of workType of work

5.5. SignatureSignature

2.2. $45 fee$45 fee

3.3. Copy of workCopy of work

4.4. 3-4 month processing period3-4 month processing period

CopyrightsCopyrightsEffect on The Home DepotEffect on The Home Depot

Signature “How-To” InstructionsSignature “How-To” Instructions

Company training/ management bookletsCompany training/ management booklets

Material posted on the websiteMaterial posted on the website

TrademarksTrademarksWhat Are They?What Are They?

A unique word, phrase, symbol, or design (or a A unique word, phrase, symbol, or design (or a combination of the listed items) that identifies combination of the listed items) that identifies and distinguishes a company's products or and distinguishes a company's products or services from products and services of another services from products and services of another company. company.

Do You Know These Do You Know These Trademarks?Trademarks?

Trademarks…Trademarks…Do They Need to be Registered?Do They Need to be Registered?

Trademark registration is Trademark registration is not requirednot required … … What happens if use of your mark is challenged?What happens if use of your mark is challenged?

Establish rights in a mark based on legitimate use Establish rights in a mark based on legitimate use (federal and state level)(federal and state level)

Without a registered trademark it can impossible to file Without a registered trademark it can impossible to file for compensation or to ask other persons to stop for compensation or to ask other persons to stop using your markusing your mark

Federal registration allows action to be brought to Federal registration allows action to be brought to federal court and allows you to place the “federal court and allows you to place the “®®” after your ” after your mark.mark.

Trademark registration also allows you the basis for Trademark registration also allows you the basis for registration in other countries.registration in other countries.

Trademarks…Trademarks…How do I register one?How do I register one?

Five main steps:Five main steps: Trademark search (costs anywhere between $25-$500), Trademark search (costs anywhere between $25-$500), Fill out application & pay $325 fee, Fill out application & pay $325 fee, Examination of mark occurs 2-4 months post filingExamination of mark occurs 2-4 months post filing Publication in Official Gazette and issuance of registration Publication in Official Gazette and issuance of registration

certificatecertificate Ongoing trademark protectionOngoing trademark protection

Option 1: Do it by yourselfOption 1: Do it by yourself Can be risky: higher chance of rejection of application Can be risky: higher chance of rejection of application

Option 2: Hire a trademark attorney to advise you Option 2: Hire a trademark attorney to advise you on compliance with trademark statute and rules. on compliance with trademark statute and rules. May cost more, but gives you added assurance that the May cost more, but gives you added assurance that the

appropriate steps are being taken.appropriate steps are being taken. Less time spent personally corresponding with governmentLess time spent personally corresponding with government

Trademark Registration Trademark Registration Site:Site:

MyTrademarkRegistration.com

Provides registration service packages ranging from $795 for the Startup Package to $1695 for the Gold Package (prices include search and filing fees).

Walton Law Firm P.C. headquartered in Las Vegas, NV and has clients around the world

Offers filing of trademark application within 3-14 business days of consultation.

Protecting Home Depot’s Intellectual Property

Register as a Trademark/ Copyright

CONSPROS PROS CONS

Leave unprotected and hope no one tries to

profit off of you

Less hassle filling out paperwork, money saved not having to pay fees or hire attorney

Loss of goodwill, loss of control over company image, competitors profit off of your work

Time spent on filing, money spent on attorneys and fees, legitimate use must occur to maintain

Ability to claim damages, protection of use, more control over company image

Addressing Problem #1:Addressing Problem #1:Protecting HomerProtecting Homer

Consider consulting with an attorney for ongoing Consider consulting with an attorney for ongoing assistance assistance

Follow the steps for registration of a trademark Follow the steps for registration of a trademark described previously.described previously.

For help, visit www.nolo.com and For help, visit www.nolo.com and www.mytrademarkregistration.comwww.mytrademarkregistration.com

Consider purchasing one of the help books Consider purchasing one of the help books

from Nolo (cost $9.95 and up)from Nolo (cost $9.95 and up)

Addressing Problem #2:Addressing Problem #2:“You can do it. We can help”“You can do it. We can help”

Consider consulting with an attorney for ongoing Consider consulting with an attorney for ongoing assistance assistance

Follow the steps for registration of a trademark Follow the steps for registration of a trademark described previously.described previously.

For help, visit www.nolo.com and For help, visit www.nolo.com and www.mytrademarkregistration.com www.mytrademarkregistration.com

Consider purchasing one of the help books from Consider purchasing one of the help books from Nolo (cost $9.95 and up)Nolo (cost $9.95 and up)

Response to Problem #3:Response to Problem #3:Should we even bother?Should we even bother?

Protecting intellectual property is critical to fostering Protecting intellectual property is critical to fostering innovation.innovation.

Piracy, counterfeiting, and theft are very real threats.Piracy, counterfeiting, and theft are very real threats. 7-8% of trade each year (www.stopfakes.gov)7-8% of trade each year (www.stopfakes.gov) This number is continually growing This number is continually growing Registration is the base for worldwide protection through Registration is the base for worldwide protection through

registration in other countriesregistration in other countries Even protecting your instructions and management Even protecting your instructions and management

manuals is key!manuals is key! Maintain Competitive advantage & protect profits!!!Maintain Competitive advantage & protect profits!!!

SummarySummary Still Confused? Still Confused?

Okay, one last time: the difference between Okay, one last time: the difference between copyrights, patents and trademarks is:copyrights, patents and trademarks is: VideoVideo

  Recommendations Review:Recommendations Review: Investigate desired trademarks and copyrightsInvestigate desired trademarks and copyrights Look into hiring an attorneyLook into hiring an attorney Complete a copyright registration form at Complete a copyright registration form at

www.copyright.gov www.copyright.gov File a federal trademark application File a federal trademark application

with www.uspto.govwith www.uspto.gov Visit websites in reading list for other legal Visit websites in reading list for other legal

knowledge pertaining to trademarks before knowledge pertaining to trademarks before consulting a lawyerconsulting a lawyer