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MORE NEWS & INFORMATION!

 

How to protect your IP gold!

What do a banana, .Vegas, an elf on the shelf, Kodak, Wimpy Kid & Zombies, and the Galaxy Tab all have in common? They are all tied to a variety of Intellectual Property (IP) issues ranging from disputes to infringement to raising capital.*

On January 19, 2012, Sharon L. Toerek, of Licata & Toerek,addressed the Cleveland chapter of the IABC on the very apropos topic, “It's all you've got: How to protect your Intellectual Property” (#iabccleIP).

According to Toerek, IP is often a company’s most valuable asset. “For most closely held companies in particular, and even larger corporate concerns, their IP is their most valuable asset. It’s worth more than equipment, inventory, or the building they are doing business out of. Without the innovation and brand equity IP represents, a company is just not as valuable.”

Defining IP

So what is IP? Says Toerek, “IP is really a term that encompasses various groups of rights and intellectual capital that a company possesses.” IP generally falls into one of four categories Toerek defines as follows:

• Trademarks (TM, SM, ®) are the legal rights that someone has in association with the marks they use to identify their products or services.
• Patents are the rights an inventor has in some original work that is innovative and technical, although Toerek points out, “you can have design patent rights in some circumstances.”
• Trade Secrets is information that if it fell into the hands of your competitor in the marketplace, would do harm to your business. This is information that “is valuable to your company because it is proprietary and kept secret.”
• Copyright (©) “is a term referring to a bundle of rights that a creator has in any original creative work whether writing, painting, software, and the like.” These rights include the rights to display, copy, sell, license, or create a derivative work.

IP management mistakes

Unfortunately many companies fail to understand the value of their IP. States Toerek, “Most companies have at least three out of the four types of IP related to their business. Yet IP is typically undervalued.”

She cites two significant weaknesses when it comes to managing and protecting IP:

• Not getting it in writing! Says Toerek, “I’ve worked with a lot of clients in the marketing services fields and the number one thing they fail to do is document owner issues in writing.” It’s often assumed when working with independent contractors and freelancers that the entity paying for the work owns the work. Not so, says Toerek, if such an agreement is not in writing. “The failure to document in writing the IP aspects of the relationship and the IP transfers that occur is a very common thing that I see all the time.”
• Not having a process or a point of contact! Toerek says it’s important to have “enforceable systems within a company for managing IP.” Simply, this means having a point person in charge of clearing and registering TMs, domain names, rights agreements, and so forth. They’re the one who designs and manages forms, archives documents, and asks the right questions regarding acquiring, protecting, and managing rights. “What’s the process?,” says Toerek. “If you manage the process, then the rest pretty much falls in line.”

Areas of IP challenges in 2012

There are ongoing concerns companies must deal with related to their IP. However, Toerek sees two that could be prominent this year:

1. New top-level domains. “I think that one of the biggest challenges we’re going to see this year involves the new top level domain registrar battle. This is going to create sort of a Wild West situation for domain owners.” She explains that if new top level domains continue to be authorized indiscriminately, basically making any term open for sale to anyone, then every trademark holder “is going to have to be vigilant and on guard about whether their TM or other IP is being abused or even infringed upon if someone is registering a domain name that conflicts with their mark.”
2. Social media. “On the copyright side of things we need to be watchful in terms of the potential for infringement that social media creates. With open platforms there’s going to be content misappropriation.” She explains that the platform sponsors such as Facebook, Twitter, and others, are generally behaving responsibly. “They are protected by the Digital Millennium Copyright Act so as long as they’re being attentive to potential abuse, putting processes in place to prevent abuse, allowing people to report the abuse, and getting the infringing content taken down.” However, she points out, this kind of IP abuse is “completely viral and hard to control.”

Enforcing IP rights

Often the media carries stories of the big, mean company going after a smaller entity alleging TM or other infringement. Says Toerek, “In the TM arena this is known as trademark bullying. It happens when someone owns a TM but may not be using it broadly based on TM rights and goes after a smaller user trying to extract money, a license fee, or impose a cease and desist order.”

In these situations Toerek says it’s important to keep in mind that this is a business transaction. “My first reach out is always on a business level and it may come in the form of a cease and desist letter. This is always tempered with a statement of willingness to give the person, who may have acted innocently, a chance to stop or correct what they are doing within a reasonable period of time.”

Going forward she explains it’s important to “be vigilant and accelerate things at a reasonable pace.” She says if you know somebody’s infringing and you don’t take prompt action, your inaction can be used against you.

When approaching these situations, she advises to be transparent and point out your business case. “By pointing out the merits of your case in business terms and from a business point of view it’s more difficult for them to spin it into something that reflects badly on you as the IP owner.”

-------------------------------
* Links to articles about each case:

• Wimpy Kid / Elf on the Shelf: http://www.publishersweekly.com/pw/by-topic/childrens/childrens-industry-news/article/49984-wimpy-kid-goes-to-court-against-zombie.html
• Vegas: http://www.washingtonpost.com/national/bidding-to-begin-for-brands-hobbies-others-to-claim-internet-addresses-concerns-aside/2012/01/10/gIQAgwsdoP_story.html
• Banana / Velvet Underground / Warhol: http://online.wsj.com/article/SB10001424052970203436904577155224030577432.html
• Galaxy Tab / Apple iPad: http://www.pcmag.com/article2/0,2817,2397976,00.asp
• Kodak: http://online.wsj.com/article/SB10001424052970204124204577152503598025844.html

Start an IABC CLE Spark Group

Want to get together with chapter members in between our monthly programs and “spark” some great ideas? We’re looking for volunteers to establish IABC CLE Spark Groups that are either based on geographic proximity or shared interests.

For example, if you live on the west side, you might want to start an IABC CLE Spark Group: Westside. Or, if you’re a student, you’d like to start an IABC CLE Spark Group: Students. Or, perhaps you want to get together with members who are interested in social media, you can start the IABC CLE Spark Group: Social Media.

An IABC CLE Spark Group can share tips and ideas, discuss information gleaned from monthly programs and build professional relationships. All we ask is that volunteer IABC CLE Spark Group leaders provide write ups about each meeting, including a list of members and guests present. The only restriction is that they cannot take place on the day before, the same day, or the day after an all-chapter event.

IABC CLE Spark Group leaders will be part of the Program Committee and fall under the leadership of the Program Director and Awards Program Director. We’ll also need an IABC CLE Spark Group Manager to help coordinate the groups. If you’re interested, let us know!

If you’d like to start an IABC CLE Spark Group or be the IABC CLE Spark Group Manager, please contact Paula DePasquale or Kate Hawk.

 

We Need Reporters

We would like for a couple of people who regularly attend our monthly luncheon programs and other events to act as reporters. All you need to do is:

• Write a pre-meeting article based on an interview with the program speaker.
• Take a few photos and write up an engaging report after each meeting.

These articles will be used, with your byline when appropriate, in promotional emails, news releases, and on our website.

Reporters will be part of the Membership Communication Committee and fall under the leadership of the Membership Communication Director. If you’d like to be a reporter, please contact Lisa Miller or Stephen Clark.

 

Other Tasty Newsbits:

2012 IABC Gold Quill Awards - The Gold Quill Call for Entries (http://www.iabc.com/awards/gq/) is now available and can be viewed online. The early bird deadline is January 27, and the final date is February 10.

Upcoming IABC CLE programs – The following are the dates and topics for our monthly programs in 2012. Mark the dates on your calendars and watch for details and speaker information.

• February 16 (luncheon): How to communicate when you can’t not communicate (joint program with PRSA). You must click here to register online for the February 16th program!
• March 22 (luncheon): Successfully engaging employees
• April 12 (luncheon): Business ethics “Family Feud” with a guest panel.
• April 17 (evening): Bonus Program!
• May 10 (luncheon): Measurement for communicators
• June (evening): Reach for the Top!

IABC CLE Ohio City After Hours Networking Events:

• Feb. 9: Light Bistro
• March 8: Bier Markt

If you have questions about any of these programs, please contact Paula DePasquale or Kate Hawk.

Click here to download a PDF of our program postcard announcement.

 

IABC Cleveland Volunteer "Tremblers" Needed!

Feel Free To Have Fun, Stretch Your Skills, and Succeed or Fail Among Friends

by Stephen R. Clark, President

Click here to download a PDF listing all the current volunteer opportunities.

Doing communications related work can be stressful and even a tad scary.

You are required to be a psychologist, technology geek, graphics artist, social media expert, and write better than Shakespeare but with a business slant.

Wouldn’t it be nice to have someplace where you could try out your leadership and other communications-related skills, away from the always assessing stare of your boss and co-workers?

You’re in luck! I’ve got the perfect opportunity for you.

If you are a member, then step into a volunteer role with your Cleveland IABC chapter!

Here, you can stretch your wings, jump out of the nest, and fall flat on your face among friends!

We’ll be there -- not to laugh or gloat -- but rather to pick you up, dust you off, and say, “Okay, that was a really excellent try. Let’s go again! We’re right here with you.”

Sounds great, doesn’t it?

No one is perfect! Especially not me.

I stepped into the role of VP/President-Elect, and now President, with total fear and trembling that measures 9 on the Richter Scale. In many ways, I’m clueless as to what to expect and a little unsure of what I need to do to be successful in this role.

What’s drawn me in is the fact that I have many people to go to when I have questions or need advice.

Kavita Sherman, Sharon Lamcha, Sean Williams, and many others have been and will be around to advise, encourage, and point me in the right direction.

We offer you the same support.

It’s a win-win situation! How can you say no?

We'll be happy to send you a list of the positions that are currently open. Then you can let us know which one you’d like to tackle. If more than one catches your eye, just list them in order of preference. And if there’s something you’d like to do that’s not captured in the list, sell us on the idea.

We're looking forward to hearing from you! Feel free to contact any of the Board members listed on the Home page or on the Member Center page

Come "tremble" along with me as we shake-up the communications profession!

Click here to download a PDF listing all the current volunteer opportunities.