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Trademarks

Be Distinctive

A trademark is a word, phrase, symbol, design, color, sound, or scent that identifies the source of goods and services and distinguishes the source from its competitors. Trademarks are business assets that hold the goodwill, or reputation, of the company, that provide legal protection for the brand, and that can be used to combat counterfeiting.

The more “distinctive” a trademark is, compared to its competitors, the greater its scope of protection for the brand. LIPPINCOTT IP helps clients secure distinctive trademarks, ensures that their trademarks are not infringing on others’ trademark rights, and provides guidance as to how to manage their trademarks during their commercial life.

Copyright

Be Original

COPYRIGHT law protects “original” works in a broad range of expressive mediums, including paintings, prints, sculpture, photography, architecture, toys, games, software, molds, film, music, pantomime, and textual works. Copyright also is a a business tool used in all industries - real estate, insurance, finance, and so on - to protect internal documents from misuse by employees.

A copyright registration is inexpensive to acquire and provides for significant financial penalties if the copyright is infringed. Protection lasts practically forever and is an invaluable business asset that can be bought, sold, licensed, and even handed down to the next generation.

LIPPINCOTT IP advises its clients on their copyright matters so they can use it as an efficient and strategic business tool.

Contracts

Be Clear

Is this a picture of the letter “B” or the number “13”?

This is a visual representation of the kind of ambiguity that can destroy a business relationship due to careless contract drafting. A party with sharp elbows will take advantage of any weakness in a contract’s language, whether that’s due to a misplaced comma, a missing paragraph, contradictory clauses, undefined terms, the wrong party named, and so on.

The point of a contract is to establish a clear record of the promises that two parties have made to each other in furtherance of their business goals. LIPPINCOTT IP helps clients with their contract negotiations and drafting needs and ensures that their clients understand the terms they are agreeing to. LIPPINCOTT IP has asserted contract rights against multi-national corporations in federal court which sharpens our focus on the essential elements of strong, protectible contracts.

design law

Be Prepared

Design Law is a strategic use of intellectual property that provides product designers with maximum design protection from the initial idea to the end of the product’s commercial life. The photo illustration here shows all facets of design law, from copyright protecting the graphics and photography, design patent protecting the umbrella design, trademark protecting the brand, and trade dress protecting the distinctive umbrella shape once the design patent expires. Clients who employ design law give their designs the best chances of success in the marketplace.

The design patent that protected this particular design was infringed throughout the 14 years of patent protection. The patent made infringers take down or destroy the infringing merchandise. It also led to a lucrative licensing agreement that doubled company revenue. This event led to the founding of LIPPINCOTT IP and its mission to help designers get timely protection for their most promising commercial designs.

graffiti law

Be Savvy

Graffiti is defined as: “unauthorized writing or drawing in a public place.”

Most people don’t know that graffiti is protected by copyright law, provided it crosses the threshold of “originality.” The fact that the graffiti is an unlawful trespass on another’s property does not negate its validity as a copyrighted work. Companies get in trouble - particularly in advertising and fashion - when art directors make the assumption that they can copy and commercialize graffiti without the artist’s permission.

Property owners especially should consult with an attorney on what actions they can, and cannot, take in regards to graffiti on their property, as penalties under the Visual Rights Artists Act, a section of the Copyright Act, can be severe from improper destruction or modification of the work.

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