Intellectual Property in the United States Part 2

1. Trademarks.

A trademark is a symbol used to identify the source of particular goods and services. Trademarks help the public to distinguish one product or service from another. Trademarks also assure the public of the quality of the products or service sold under the particular trademark. A guiding principle of trademark law in the United States is the distinctiveness of the trademark. A distinctive mark can better perform the function of informing the public as to the source and quality of the product to which the trademark is attached. Therefore the more distinctive and “strong” a trademark is the better protection from infringement and unfair competition the trademark will receive.
Examples of trademarks are:

a. “Apple” - personal computer,

b. “Pepsi” - soft drink,

c. “IBM” - mainframe computer.

See: International Intellectual Property Law Global Jurisdictions
by Dennis Campbell and Susan Cotter 1996 published by John
Wiley and Son Ltd paragraph 9.3 pages 339-340.


2. Trademark Example.

Applying the above to your invention the very quite pool cleaner the Silient Skimmer would mean that for instance you would register the words “Silient Skimmer” as a trademark in the category to which pool cleaners relates.

3. Copyright.

Copyright protection subsists in original works of authorship. The works of authorship must be fixed in any tangible medium of expression. The works of authorship include the following categories:

1) literary works;

2) musical works, including any accompanying words;

3) dramatic works, including any accompanying music;

4) pantomimes and choreographic works;

5) pictorial, graphic, and sculptural works;

6) motion pictures and other audiovisual works;

7) sound recordings; and

8) architectural works.

See: 17 USC section 102(a).



4. Copyright Exclusions.


Copyright protection does not extend to any:

a) idea,

b) procedure,

c) process,

d) system,

e) method of operation,

f) concept,

g) principal or,

h) discovery.

This is regardless of the form in which it is described, explained, illustrated, or embodied in an original work of authorship.

See: 17 USC section 102(b).


5. Rights in Copyright.

The copyright owner is granted five exclusive rights by the Copyright Act. This covers all financially significant uses of a copyrighted work. This includes the following:

1) The right to reproduce and duplicate the work;

2) The right to make derivative works from the original;

3) The right to distribute copies of the work;

4) The right to perform the work; and

5) The right to display the work publicly.


Let's use a poem as an example.
The reproduction right prevents others on making unauthorised copies of the poem. The right to prepare derivative works prevents others from translating the poem. It also prevents them from adapting it into a motion picture.
The distribution right prevents the unauthorised sale, lease or transfer of copies of the poem.
The performance right prevents unauthorised public readings of the poem.
The display right prohibits unauthorised public projection of the poem.

See: International Intellectual Property Law Global Jurisdictions
by Dennis Campbell and Susan Cotter 1996 published by John
Wiley and Son Ltd paragraph 9.27 page 353.


6. Copyright Example.

As far as copyright goes it will subsist in your instructions on how to install and operate the Silent Skimmer.
Copyright also subsists in your technical or engineering drawings of your invention in this case the Silent Skimmer. For copyright to come into existence only a small amount of creativity is required. Copyright created after 1 January 1978 is valid for up to 50 years after you the author dies. After 1 March 1989 the requirement of a copyright notice is not necessary. It may be desirable.
Copyright in engineering drawings does not in general give the copyright owner the right to prevent a third party from creating and utilitarian object in accordance with the drawing. That is so long as no unauthorised reproductions of the drawings are made.
Engineering drawings of a highway sign cannot be copied without infringing the copyright therein. The copyright would not be infringed by a third party constructing a sign in accordance with the drawings.

See: Copyright Protection for Engineering Drawings by Arnold
B Silverman
http://www.tms.org/pubs/journals/JOM/matters/matters-9509.html. 2009/07/11.


Next time I hope to say something about trade secrets.

Recent case of T-Peg and Timberpeg East v Vermont Timber Works copyright infringement under the Architectural Works Copyright Protection Act was decided.

For a similar dicussion on intellectual property in the United Kingdom click here.