Copyright is literally the right to copy, though in legal terms means something more akin to: “The right to control copying.”  Being a copyright owner means you have control over the work and are the only one allowed to ‘copy’ or exploit it.  You see, a copyright really gives claim to a bundle of rights that can be split up, if desired.  For example, the copyright owner can allow another party to only distribute their work but not reproduce it (make copies), or to only reproduce it but not display it publicly.  This bundle of rights is given exclusively to the creator of an original work of expression.  So what is an original work of expression? Or in other words:

What types of things can get copyright protection? According to the Copyright Act of 1976, the types of works of authorship that may receive Copyright protection include…

• Books, Magazines, Newspapers, Poems and now even Blogs! (Literary works),
• Musical works including lyrics (also known as the composition of a song),
• Plays and Musicals (Dramatic works),
• Illustrations, Maps, Charts, Paintings, and Statues (Pictorial, graphic, and sculptural works),
• Movies, Television, and Web videos (motion pictures and other audiovisual works),
• Records, CDs, mp3s, etc. (Sound recordings),
• Architectural works,
• Computer Programs,
• Choreography (Dance).

The Catch: For a work to receive a copyright it MUST be fixed in a tangible medium. This means the expression must be recorded in some way; whether it is written on a piece of paper, captured on film, or even stored digitally.   Remember, you cannot copyright an idea, but take an original idea from something you’ve thought or dreamed up and capture it, or fix it, in some medium, and all bets are on. You may just have a copyright on your hands!

WHY YOU SHOULD CARE

Copyright gives the owner a temporary monopoly over the rights to the work so that they may exploit them.  This does two things:

1. Encourages the creation of more creative works, thus satisfying the federal government’s purpose for creating this protection; and
2. Creates opportunities to make money!

After all, controlling who can and can’t copy your work not only protects your creative and artistic integrity, but it empowers you.  A copyright owner can choose how they want to be compensated for their works.  Whether considering licenses and royalties for allowing another to use a work or monetary penalties from someone’s use without permission, protecting your creations is key – especially if legal action is needed.  Also, although copyrights last a very long time (length determined by when and by whom they are created), they do not last forever – so it is important to get protection before it is too late!

Do you have an original idea you want to protect?  Do you think someone else is using your work without your permission?  To learn more about how to capitalize on your dreams and make sure your ideas are working for you, contact The PLK Law Group in our offices at patricia@plklawgroup.com, by telephone at (908)431-3108, or visit our website at www.plklawgroup.com

A recent ad for Fresh Step cat litter apparently raised some hairs over at Church & Dwight Co., the maker of Arm & Hammer’s Super Scoop Kitty Litter, and the claws are out.  Church & Dwight filed a lawsuit in New York this January against The Clorox Co. for false advertising.

So what’s the ad all about?  Well, the commercial portrays multiple cats rejecting the Arm & Hammer litter while a voice-over states that cats prefer Fresh Step because it “is better at eliminating odors.”

According to Church & Dwight, the Clorox ad gives a “false message” about Super Scoop and asserts something that is “not possible scientifically to determine,” namely because “it is widely understood in the scientific community that cat perception of malodor is materially different than human perception.”  Even further, the study is based on cats using two litter boxes at the same time, during which inter-cat behavior can impact box usage in ways that have nothing to do with cat preference.

Church & Dwight asked the court to stop Clorox from running the disputed ads and to require Clorox to issue corrective advertising, as well as damages.

What does this mean? Church & Dwight are suing under the federal Lanham Act which some may recognize as the statute that protects trademarks, but businesses that advertise and lawyers who represent them should be familiar with Section 43(a) of that Act – the short and stout provision that allows business competitors to sue one another for false advertising, among other things.

Section 43(a) prohibits false statements or representations made in commercial advertising or promotion that are likely to both deceive consumers and cause injury to the plaintiff.  A classic false advertising claim could involve a false or misleading statement made either about a competitor’s product or the person or entity’s own product.

Some claims that fall into these categories:

• National advertising campaigns,
• Statements based on testing,
• Unsubstantiated assertions,
• Verbal sales pitches to a limited number of consumers.

Available remedies to a plaintiff under the Lanham Act include injunctive relief, damages, corrective advertising, and attorneys’ fees, although the statute gives the court broad discretion to create an equitable remedy that fairly compensates the plaintiff.

Business Alert: With economic factors bearing down on advertising budgets and more aggressive advertising becoming the norm, false advertising claims like these are on the rise. Companies are painstakingly monitoring their competitors’ ads for falsehoods or exaggerated claims, while consumers are quick to target misleading ads with class action lawsuits. Businesses Be Wary!

Do you believe you have been a victim of false advertising or other damage to your trademark?  Would you like to protect your business, brand or yourself from the threat of false advertising claims against you?  Contact The PLK Law Group in our offices at patricia@plklawgroup.com,by telephone at (908) 431-3108, or visit our website at www.plklawgroup.com to learn more about false advertising and your trademark rights under the Lanham Act, and for advice on how to protect your business and better your brand.

Intellectual Property – it springs up in the creative mind and makes its mark in the real world.  It starts as an idea or a dream; an ideal in the imagination of its creator.  It takes a hold on the consuming public that dictates what we choose to do and use and wear based on who created it or how it works.  Intellectual Property turns your dreams into a reality you can protect, manage and control – these are patents, trademarks, copyrights and trade secrets.

Most of all, intellectual property is an asset much like your home, car or bank account.  It’s extremely valuable and no different than the property you can touch and feel; it needs protection from misuse and theft.  Intellectual property can bring profit to its owners and add value to any brand or business.

The different areas of intellectual property serve different purposes.

The United States Patent and Trademark Office (USPTO) issues patents and registers trademarks after reviewing applications.

Patents: These give an inventor the right to exclude all others from making, using, importing, selling or offering to sell his/her invention for up to 20 years without the inventor’s permission. This gives the inventor the opportunity to produce and market his/her idea, or license others to do so, and to make a profit.

Patent rights can be contested (1) if someone else has had a patent issued for the same invention before you, or (2) a later patent infringes on your already existing patented invention.  These patent disputes often end up settled in court with the winner being awarded money (damages).  Avoid these by having a complete prior art and patent search done!

Trademarks: These protect words, names, symbols, sounds, or colors that distinguish a product or service from its competition. Trademarks, however, can last forever as long as they are continuously (1) renewed and (2) used.  Trademarks protect brand names and business identities and are key in marketing any product or service.  The  yellow in the familiar McDonald’s logo, the roar of the MGM lion, and the shape of a Coca-Cola bottle are familiar trademarks.

Trademarks rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark.

Trade secrets are information that companies keep secret to give them an advantage over their competitors. The formula for Coca-Cola is the most famous trade secret.

The Library of Congress registers copyrights, which last for the life of the author plus 70 years.

Copyrights:  These protect original works of authorship that have been expressed in some tangible medium, such as writings, music, movies, choreography, video games and art.  In other words, if it has been written down or otherwise recorded, your idea can be copyrighted.  Only a copyright holder can reproduce, distribute or otherwise profit from his/her works.  Further, copyright holders can profit from licensing out any number of rights to use their work.

YOUR BOTTOM LINE:  There are three main ways to use your intellectual property to make money.

(1)   Sell it and all rights to the underlying work.

(2)   License it for a period of time or for particular uses.  This allows you to maintain some control.

CONTRACT DRAFTING is extremely important for these first two – it determines whether a deal will make you money or make you regret it.

(3)   Continue to produce and market it yourself.  Branding is the key to making a profit here!

BRANDING

OK so you’ve got some intellectual property – Now what?  You need to brand your product, service, invention, work so that it can make you money!  And let’s not forget you – perfecting your personal brand is essential to ensure the right image always comes to mind. Branding goes beyond simply grabbing the customer’s attention; it creates an identity and personality to which consumers can relate.  Branding creates reliability!

Building brand equity can attract and retain a loyal consumer base and is one of the most important assets a business or entity may have!

Building and protecting the value of your brand is as important as protecting and maintaining the longevity of your intellectual property rights.  Why would you do one and ignore the other?  That just doesn’t make cents…now does it?

Do you have an idea, invention or some other work that may be eligible for protection?  Do you have intellectual property, but want to make sure it works for you?  Contact The PLK Law Group by telephone at (908)431-3108, by e-mail at patricia@plklawgroup.com, or visit our website at www.plklawgroup.com to learn more about how powerful your intellectual property really is, and for advice on how to better your brand.