Bourget Law will be hosting an intellectual property seminar “Cultivating Value and Reducing Risk:  A Business Solutions Seminar” in various Wisconsin and Minnesota locations over the next few months. 

This seminar will cover important aspects of intellectual properties, particularly patents and trademarks, which are used to cultivate business value.  A variety of explanations and tips will be covered that are of common interest to most business owners.  Find out why the recently passed America Invents Act provides at least three incentives to NOT patent your invention.  Learn what every business owner should understand about trademarks; reducing risks of infringement; and ownership disputes.

The following seminars are currently scheduled:

Saturday, January 7, 2012, 9 a.m. to 10 a.m., Three Lakes, Wisconsin — Oneida Village Inn, 1785 Superior Street, Three Lakes, Wisconsin

Saturday, January 14, 2012, 10 a.m. to 11 a.m., Duluth, Minnesota — Sheraton Duluth, 301 East Superior Street, Duluth, Minnesota

Saturday, January 28, 2012, 11 a.m. to 12 noon, Green Bay, Wisconsin — Holiday Inn & Suites, 2785 Ramada Way, Green Bay, Wisconsin

Saturday, February 18, 2012, Wausau, Wisconsin — time and location TBD

To obtain more information or to register, please contact administrator@bourgetlaw.com or call us at 715.835.5232. 

For a great article on striving for simplicity in innovation, see “In the School of Innovation, Less is More” published in the NY Times November 5, 2011.

The U.S. Senate has passed the America Invents Act, H.R. 1249, without amendment.  President Obama is expected to sign the bill into law within the next week.  Read the bill:   America Invents Act As Passed,

The proposed America Invents Act, if passed as proposed, would change the U.S. patent system from a first-to-invent to a first-to-file system.  To learn more about this proposed change, see Fastest Filer Wins, Eau Claire Leader-Telegram, August 21, 2011.

Obtaining federal trademark protection for your mark is not required, however, a federal trademark registration has substantial benefits, including:

• A legal presumption of validity of the mark, ownership of the mark, and the exclusive right to use the mark;
• Constructive use as of the filing date of the application;
• The ability to bring an action concerning the mark in federal court;
• The ability to obtain registration in foreign countries based upon the U.S. registration;
• The ability to prevent the importation of infringing goods into the U.S.; 
• The right to use the federal registration symbol ®; and
• Listing in the United States Patent and Trademark Office’s online databases.

In addition, federal trademark registrations can add significant value to a business and may also provide the basis for a licensing or franchising campaign.  For all these reasons, business owners should periodically review their marks and assess whether federal registration is appropriate.

Our trademark brand, IntellectualGems®, embodies what we do for our clients and represents the services provided by our attorneys and staff and reflects the myriad of business and legal strategies developed to help protect our clients’ intellectual property — their IntellectualGems.®

Our IntellectualGems® trademark brand is subject to two federal registrations: 

1. The word mark:  “IntellectualGems” and
2. The logo:

Gems are generally assessed based upon three factors:  color, cut, and clarity.  We apply a similar analysis to our gem.  

COLOR

Color:   The center “gold” gem represents your intellectual property.  Until now there has never been such a thing as a gold gem.  It is a unique creation or innovation – just like your ideas and inventions.  The shading of color within the center signals the flavor and variety of your ideas.  The internal flair of innovation moves in a streak of confidence and success.  A twinkle of white light emerging from the upper left corner demonstrates the ability to shine, sufficient to attract the attention of those not readily appreciating the value. 

The color of the perimeter tiles is secondary to the center gold.  The perimeter tiles are cool and calm – the white of protectors. 

The overall colors of the logo are an expression of your ideas and are a reflection of ours. 

CUT

Cut:  The cut (or positioning and spacing) of the flanking tiles signifies the protectors of your intellectual property.  These “protector tiles” have sharp, clean beveled edges, cut with discipline.  Surrounding the valuable center tile which represents your innovations, these protector tiles work together as a unit.  Each individual protector has a role to play.  One tile represents a patent or family of patents to protect the innovations of the center gem.   Perhaps your needs are for trademark protection, where the tile of registration is key.  Other tiles have names such as trade secret policy, trade dress development, or copyright registration.  Some flanking tiles are contracts, license agreements, or structured royalties.  Others are non-disclosure agreements, independent contractor agreements, or employment provisions.  A flanking tile may also be an engineer called upon for technical support.  Another tile represents the analysis and opinion needed for undertaking action or charting a new opportunity.  Others represent patent or trademark searches or monitoring.  Together, the individually cut protectors secure your intellectual property — your IntellectualGems®.

CLARITY

Clarity:  The protecting tiles direct attention to the center, clarifying that the focus is on protecting YOUR intellectual properties.  The uniform separation between tiles, with their clipped corners, allow for the center to move, breathe and expand – a clear signal that the protecting tiles do not inhibit growth of your innovations and valuable assets.  The protectors are able to adjust to and accommodate change. 

Overall, our logo conveys a clear message to our friends and clients of what we do – provide business and legal strategies for patent, trademark & copyright.  The logo also manifests our understanding of the power of a distinctive mark and the need to protect valuable intellectual property.  We apply this understanding to securing your intellectual property.

The Edison Nation Innovation Fund was created by Louis Foreman, producer of the television show Everyday Edisons and publisher of Inventors Digest, in April 2011 to search for, invest in, and bring to market ideas that break the mold.  Phase 2 of Edison Nation’s $25 million Innovation Fund has just begun, and Edison Nation is accepting submissions of new ideas and technologies until September 12, 2011.  If your idea is chosen, Edison Nation will invest up to $250,000 development dollars into your innovation and bring it to market.

Two symbols are commonly used to designate trademarks:  ® and ™.  The ® symbol may be used only after a federal trademark registration has been obtained; it may not be used while a trademark application is pending.  In addition, the ® symbol may only be used in connection with the goods/services listed on the registration certificate.

The ™ symbol may be used to designate any mark considered to be a trademark.  The owner of the mark does not need to file any paperwork or receive permission to use the ™ symbol.  

The appropriate symbol is usually placed to the upper right of the word, logo or other mark. For example, Bourget Law designates its federally registered mark — IntellectualGems — as IntellectualGems®. 

Appropriately designating your mark with the ® or ™ symbol provides notice of your trademark and enables your competitors and the general public to respect your intellectual property.

Can you identify the invention in this photo?

Hint #1: Yes, that’s the logo for the San Francisco Giants (Major League Baseball).

Hint #2: Yes, that’s a water pipe.

Hint #3:  Why is the water-pipe crooked?  It seems to serve no purpose to have an otherwise straight pipe make such a twist.

Hint #4: San Francisco.  This photo was taken by Attorney Anthony Bourget in the back hallway behind the players’ dugout at AT&T Park in San Francisco.  The photo was taken during the recent International Trademark Association (INTA) convention.

Answer:  This twisted water pipe is an ingenious example of attempts to minimize the impacts of earthquake ground-shifting.  The pipe is designed to flex in multiple directions so that shifts in the stadium’s foundation will not automatically cause the water pipe to rupture. 

Also shown is an expansion joint in the wall of the hallway.  The stadium was built on four separate “floating” foundations, and the twisted pipe and expansion joints are placed at the foundation joints.

This is one example of “inventiveness” in operation.  Even during tours of baseball stadiums at INTA trademark receptions we are on the lookout for cleverness (together with cool branding examples).

Warner Brothers was recently sued by a tattoo artist who claims he owns the copyright on the tattoo worn by former boxer Mike Tyson and Ed Helms in Hangover II.  The tattoo artist, S. Victor Whitmill, claims that Warner Brothers infringed his copyright by copying the tattoo and placing it on the face of actor Ed Helms in Hangover II.  Whitmill attempted to stop the film’s release but was denied a preliminary injunction.  Warner Brothers plans to eliminate the tattoo from the movie after its theatrical run, thus eliminating any further alleged damages to Whitmill from his copyrighted tattoo appearing in the film.  Given Warner Brothers’ plans, it appears that the primary issue to be resolved is the amount of damages sustained by the tattoo artist.