Lawrence G. Townsend Intellectual Property Lawyer
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June 2017 Archives

News and Notes Focused on the 3 Public Faces of IP Law

  • Brand Image Protection - Trademark Law
  • Visual Image Protection - Copyright Law
  • Personal Image Protection - Right of Publicity Law

The Image Protection Law blog has been created in order to share stories and information on the legal aspects of: 1) the marketplace reputation of a company or product captured in its trademark, 2) published or publicly-displayed artwork, photography, and any created visual design, and 3) use of a person's photograph or likeness for product promotion or other commercial purposes.

The "IP3" share at least one thing in common: Image is everything. In these posts let's look at what that means in the realm of intellectual property in the news, but let's also be prepared to explore if there's something more beyond "everything." Don't forget, the intellectual in "intellectual property" doesn't mean smart or brainy, although by nature true creators often are. The word is used to refer to any creation, i.e., a "product of the mind." While this blog will be regularly updated, you are encouraged to share your thoughts on these posts.

Patent protection vs. trade secrets: a brief look at some relevant considerations, P.2

Last time, we mentioned that it is not always possible or desirable to obtain patent protection for valuable business information and that trade secret protection can provide a viable and even preferable alternative to patent protection in some cases. We'd like to pick back up on that thought in this post.  

Patent protection vs. trade secrets: a brief look at some relevant considerations, P.1

In our previous post, we briefly discussed some of the differences between utility and design patents. As we noted, patent protection isn’t necessarily limited to a single type of patent; in some cases, it may be desirable to obtain both a utility and a design patent on an invention.

Businesses: carefully consider differences between state, federal trade secret protections

In previous posts, we've looked very briefly at trade secret protections available to businesses under both state and federal law. As we've noted, there are many similarities between federal and state trade secret protection law, but there are also some differences that business should be aware of when determining the best strategy to protect their trade secrets.  

Trade secret protections available at both state, federal level, P.2

In a previous post, we took a brief look at California’s Uniform Trade Secrets Act, and some of the basic features it provides to businesses in terms of trade secret protection. As we noted last time, businesses rather recently gained the ability to enforce trade secrets under federal law, with last year’s passage of the Defend Trade Secrets Act.

What is the right of publicity?

Although you may never have realized it, your personal identity is protected by law. This means that companies are not allowed to use your name, your photo, your voice, your signature or other personal aspects in their advertising without your permission. Your identifying features belong to you alone.

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