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What a Business Should Know About Patents

More Patent Law Basics for the Business Person

What a Business Person Should Know About Intellectual Property Law and Why it Matters!

Staking Claim to the Gold From Your Mind
Facts and Myths About Trademarks
Copyright Gotcha by Google Search
Top Ten Mistakes in Intellectual Property Law
Scary Things in IP Law
Three New Year's Resoultions for People with an Idea
Thoughts for Small Businesses and Inventors: When the Politicians Call, Just Say No to Harmonization!
Does the Internet Mean the Death of Intellectual Property?

 

Some Scary Things in IP Law

By J. Nevin Shaffer, Jr.

It seems more and more that when I meet with clients, I am spending a lot of time explaining that the law is illogical and, therefore, down right scary! I suppose that’s why there are law schools! Here is a list of things I am told that send shivers down my spine:
 
  • "I registered my company name with the county, so I don’t need another trademark registration." Wrong! These are different bureaucrats. One is interested in making sure the tax bill gets to the right person and the other is for getting an asset that will last until the end of time, a registered brand. Boo Ya!
     
  • "I paid for the ad so I own it!" Wrong! This nuance of copyright law explains why Bill Gates was the richest man in the world. (He’s now only number 2.) As an independent contractor, he owned the copyright to the original work he was paid to create! How scary is that!
     
  • "I know I have picked the perfect brand because it describes my product exactly." Wrong! Because you use trademark brands descriptively so you assume, logically, a good brand is descriptive. You can pick any word, symbol or slogan you want, but you can not register them if they are descriptive. APPLE for computers= GOOD! APPLE for fruit= BOO HOO BAD!
     
  • "I want to copyright this idea so no one else can copy it!" No way! Copyrights protect only the expression of an original idea NOT the idea itself. The idea for fast food is free to anyone; you just can’t call yourself MCDONALDS! A very scary thought, indeed.
     
  • "I have contacted an invention development company I saw on TV, and they say they like my idea! Should I deal with them?" NO! They are in the flattery business. They have never seen an idea they didn’t like because they could care less about your idea. They are patting you on the back with one hand while they dig around for your wallet with the other. My advice: Run for your life and save your retirement funds for something else!

Copyright 2007 Nevin Shaffer. All rights reserved and I have a big dog that will chew your arm off if you copy this! Copyright 2007 Nevin Shaffer. All rights reserved and I have a big dog that will chew your arm off if you copy this! Contact Nevin at 850-934-4124, nevin@bga.com or visit his web site at www.nevinshaffer.com.

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For more information concerning Nevin’s programs and intellectual property subject matter, please contact Nevin Shaffer at the address below. Click here to contact us
913 Gulf Breeze Parkway
Suite 43
Gulf Breeze, Fl 32561
PH: (850) 934-4124
FAX: (850) 934-4143
Email: nevin@bga.com

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