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IP Litigation Overview Presentation
- 1. Intellectual Property for Litigators: An Overview of Trademark, Copyright and Internet Domain Name Issues and Disputes
- 12. Copyright – Literary, Artistic, Musical, Dramatic Works Copy Publish Distribute Perform or exhibit in public Modify Adapt to another medium Translate Authorize others
- 23. Best Protection
- 24. Cheat Sheet TRADE SECRET COPYRIGHT TM PATENTS IP ANYTHING EXPRESSION ONLY BRANDS FUNCTIONAL INVENTION SCOPE NO INCOMPLETE (INDEPENDENT CREATION) INCOMPLETE (CONFUSINGLY SIMILAR) COMPLETE MONOPOLY FOREVER 50 YEARS PLUS LIFE OF AUTHOR POTENTIALLY FOREVER 20 YEARS FROM FILING TERM N/A NOT REQUIRED/ ADVANTAGEOUS ADVANTAGEOUS REQUIRED REGISTRATION
Editor's Notes
- 3 objectives: Outline the different forms of intellectual property,
- Unlike patent, never has to be disclosed to the public – good because gets to be a secret – bad because disclosure loses rights KFC and Coca Cola Recipe Lac Minerals Cadbury v. FBI – information need not be secret or unique, but that could not have been produced without a ‘human brain acting upon it’
- Duty of confidentiality Contract: What type of information is being disclosed What can the receiver do with it? What happens if they fail to abide by the agreement? Contract before disclosure Create an inventory Need to know basis Confidentiality clauses with customers, distributors, etc. Physical and electronic security Train employees Mark all documents Shred, don’t discard Avoid disclosing source code Enforce confidentiality Conduct exit interviews Action/injunction available in Provincial Courts
- Pharland
- Consider website disclosure Disclosure must be under contract
- Amazon One Click patent
- Richmond night market
- Euro Excellence – should not try to do by copyright what cannot do by trademark law
- Eaton Centre geese Dangers of not obtaining a waiver of moral rights: due diligence when your company is acquired – it will be used against you in negotiations, and reduce the overall value of your company; risk of not being legally entitled to modify a work, even if you have obtained an assignment of the copyright – used against owners of custom software in the 1990s when everyone had to upgrade for Y2K
- Haiku Quality in addition to quantity No single words or short phrases If ditated by functional elements – no infringement If 1 st publication not original If taking was fact or idea
- Election Rolling anton piller orders Veuve Cliquot Louis Vitton
- Keep representative samples of all your packaging, labeling and advertising
- Demand letters often not recommended – will transfer names Is there a real chance of damages beyond forfeiture of domain name?
- ICANN is responsible for Domain Names – Contractual Inform– also a defamation claim – could hypothetically be interference with contract in certain cases
- most straightforward way of establishing ownership is a tm registration in any country - only requires “rights” , that’s a loose term – otherwise would need really good evidence of use and goodwill – need evidence of sales, length of use, first use, advertising nature and extent, media recognition,