This document provides an overview of intellectual property concepts for startups including trademarks, copyright, and the importance of protecting ideas. It defines trademarks, copyright, and trade dress and explains why they should be registered with the USPTO. The document also discusses leveraging intellectual property, types of agreements to protect IP, when a lawyer is needed, social media and IP issues, and provides useful links for intellectual property information.

1. You Have An Idea –
Now What?
Protecting Your IP For Startups

2. Talk About Me:
@Lawyer_Girl
Hashtag:
#PHXstartupweek
#ChaseBasecamp
#yesphx

3. What the heck is this legal
mumbo jumbo and why do I
care?

4. How Do You Define An Idea?
i·de·a [ahy-dee-uh, ahy-deeuh]*
noun
1. any conception existing in the mind as a result
of mental understanding, awareness, or activity.
2. a thought, conception, or notion
3. an impression
4. an opinion, view, or belief
5. a plan of action; an intention
*idea. Dictionary.com Unabridged. Random House, Inc. http://dictionary.reference.com/browse/idea (accessed: February
20, 2015).

5. INTELLECTUAL PROPERTY

7. TRADEMARK™ ® Trademarks identify the source of the goods or
services of one party by distinguishing them
from those of others
 Trademarks can be phrases, colors, sounds,
graphics, and even smells
 The use of TM represents that you claim
trademark ownership in the mark preceding it,
but it isn’t necessarily registered
 The use of SM shows that it is a trademark
which describes a service
 The use of the ® means that the trademark is
registered with the USPTO

8. WHY REGISTER MY
TRADEMARK WITH THE
USPTO?
™ ®
 You are entitled to exclusive use of the
trademark throughout the United States for
your particular category of goods or services
 You can prevent others from using a trademark
which is identical to yours for the same type of
goods or services
 You can prevent others from using a trademark
which is confusingly similar to yours for the
same type of goods or services

9. TRADE DRESS
The characteristics of the visual appearance
of a product or its packaging that signify to
the consumer the source of the product.

10. COPYRIGHT ©
What is a copyright?
 Copyright is the protection of the
expression of an idea
 It protects artistic works, as well as content
on a website and any written works
 It also protects graphics and product labels
 A copyright typically lasts for the creator’s
life plus 70 years
Who owns the copyright?
 The creator owns the copyright
 Exceptions: (1) employment; (2) work for
hire

11. WHY REGISTER A
COPYRIGHT? ©
Money
 Actual damages as a result of the
infringement (also available when not
registered)
 Statutory damages – if they knew they
were infringing, up to $150,000 per
instance of infringement
 Attorneys’ fees and costs for pursing the
infringer
Injunction
 A court can stop the bad guy from using
your work

12. PROTECTING YOUR IP
• Non-Disclosure Agreement (NDA)
• Confidentiality Agreement
• Independent Contractor
Agreement
• Work For Hire Agreement
• Employee Handbook
• Written Policies

13. LEVERAGING YOUR IP

14. WHEN DO YOU NEED A LAWYER?
(THE IP EDITION)

15. SOCIAL MEDIA AND IP

16. ANONYMITY IN SOCIAL MEDIA

17. www.uspto.gov/trademark
www.copyright.gov
www.copyright.gov/onlinesp/list/a_a
gents.html
www.chillingeffects.org/dmca512/fa
q.cgi
www.creativecommons.org
www.flickr.com/creativecommons
Useful Links For
Intellectual Property

18. @Lawyer_Girl
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