Presentation made at MIT Enterprise Forum of Russia Startup Bootcamp (9-11 December, Moscow). http://mitef.ru/ru/events/recent-events/282-startup-bootcamp-2011
37. Title 17 of the United States Code §109. Limitations on exclusive rights: Effect of transfer of particular copy or phonorecord. (a) Notwithstanding the provisions of §106(3), the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord.
89. Theft of Coke recipes ATLANTA – Three people have been arrested and charged with stealing confidential information about drink recipes from The Coca-Cola Co. and trying to sell it (for $1.5 million) to rival PepsiCo, Inc., federal prosecutors said Wednesday (7-5-06) . The suspects included an executive administrative assistant at Atlanta-based Coke, Joya Williams, who is accused of rifling through corporate files and stuffing documents and a new Coca-Cola product into a personal bag. Williams, 41, of Norcross, GA, and 30-yr-old Ibrahim Dimson of New York and 43-yr-old Edmund Duhaney of Decatur, GA., are charged with wire fraud and unlawfully stealing and selling Coke trade Secrets, Federal prosecutors said.
Hinweis der Redaktion
Doggie umbrella
Inch worm
We’ll be here all day! Let’s simplify this!
Let’s simplify the list into 5 major categories
You could think of them like this.
Kissing shield
Let’s simplify the list into 5 major categories
Machine: Life-expectancy watch
Software is patented as a process.
There are 3 types of patents in Russia.
We’ve been using invention patents as our fun patents.
Utility models only need to be novel in Russia. They are for incremental changes to machines.
A Ukraine patent for razor wire is an industrial design patent.
The shape (design) of this UV light is patented.
Baby bottom art
Patents give you the right to exclude others for this long.
A US plant patent would correspond to a Russian invention patent.
Goose hunter suit
Criteria for patents include 3 aspects that must be met. Non-obvious is hard to crack; it must not be obvious to someone skilled in the art. But, knowing the concept first is working backwards to determine that fact.
This cat toy has utility different from a presentation pointer. Do I infringe if I use it at home? In Russia, no; in the U.S., yes. In Russia personal use is permitted.
Turning to copyrights now…
Important points to remember are the following.
Well, the copyright law says you, as the owner of a single copy of a CD, for instance, can do whatever you wish with that CD. You can sell it in a garage sale, or give it to a friend. Napster was a vehicle to let one person give another their copy of a song. In fact, Napster never physically had the copy. It just went from one customer to another. The problem was, the original customer still had the copy. [A&M Records Inc v. Napster Inc. (2001)]
In the case RIAA v. Tenenbaum , the jury awarded the RIAA $22,500 per song shared by Joel Tenenbaum resulting in a judgment of $675,000 for the shared 30 tracks (this was later reduced to $67,500 by the judge) and in the case RIAA v. Jammie Thomas-Rasset , the jury awarded $80,000 per song, or $1.92 million for 24 tracks.
Software is copyrighted to protect form.
Apple is one. But, how can you trademark such a common word as apple?? Well, like a patent, a trademark is only protected as to its use. So, I can’t trademark the word apple to describe a fruit, but I can for its use with a computer.
Hewlett Packard and the Russian car company UAZ.
Abbreviations may also be trademarked. IBM is the king of trademarks, as they are the king of patents. 23 patents issued per workday in 2010. 40k patents in their portfolio.
Here is a sampling of words you can’t use because IBM has trademarked them. What is an example of a building that has been trademarked?
Named for Forrest Mars, Sr., & Bruce Murrie of Hershey's
Russian Olympic Bear, Misha
Pillsbury Doughboy
Chester Cheetah
Would you believe this one bag contains 7 registered trademarks and 1 copyright? In fact, the U.S. Patent and Trademark Office estimates Americans see 1,500 trademarks each day. Unless they go to the grocery store, that is, when the number will go to 30,000.
And who’s this? Tony the Tiger? The Exxon tiger? Wait! Which is it?
Actually, it is the ExxonMobil tiger
After 30 years of peaceful co-existence, Kellogg sued Exxon over the use of the tiger trademark at the end of 1998. Why?! Because Exxon started using the tiger on food products in their food marts attached to the gas stations.
Remember, trademarks tie to their use. See, I’m not the only one with sick humor…
Tony won. That must have been when he became all muscular.
Symbols can be trademarked, like McDonalds, of course. Right. Nike.
Mercedes
What’s the matter, getting harder? Nike.
What?! It’s Nike, again!
Under Armour
Toyota slogan in Russia. Nike, of course. An old one for Coca-Cola, used when introduced in China. It was translated as “Coke brings the dead back to life.”
Coke has a shape trademark on its bottle, but when they went to cans they had to use it to keep it.
A more familiar shape is the coke bottle. When they went to cans, Coca Cola began printing a picture of the bottle on the side of the can. This way they could say they were continuing to use the mark.
No, not the Empire State Building, as many people will guess. But, the Transamerica building is.
Mostly, though, it is used in the restaurant industry. Notice that the building is dotted out in this drawing. Here, only the roof is trademarked.
The intel chime
Harley
A sad note…so to speak…for a sound trademark. Harley Davidson just gave up their sound trademark for the engine sound. How about a scent ?
Beeline trademark colors
John Deere green and yellow are trademarked colors…for tractors, shirts, caps, toys…
Infringers are everywhere. You must protect your trademark with lawsuits to keep it.
You can lose a trademark if it becomes so popular that it is considered a common word in your language. This often happens when it is used as a noun rather than an adjective.
Finally, trade marks and know-how.
A trade secret is the last form of intellectual property protection I’ll mention. You don’t register a trade secret…you simply keep it a secret. It is often the form of protection for customer lists. Can you name some famous examples of other things protected as trade secret?
Here are some familiar examples of famous trade secrets.
Know-how is larger than trade secret since a trade secret is know-how that is held under strict guidelines.
You could think of them like this.
Know-how is larger than trade secret since a trade secret is know-how that is held under strict guidelines.
Here at MISiS, we are serious about the coming innovation economy. Thanks for listening.
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