When discussing this weeks topic of intellectual property, the company Nike comes
to the top of my mind. The company has been around since 1964. Their home
office is in Orgeon and is also why the Oregon football team is highly decorated
and dressed in fresh new uniforms before each game. Since their founding the
logo has changed four times. Their signature logo of the "Swoosh" sign was
patented in 1974. They have also used their trademark slogan of "Just Do It".
They use celebrity athletes, college and professional sports teams with sponsorship
agreements for heavy advertisement campaigns. The reason they had their logo
patented was to keep other companies from copying their idea and or replicating
their shoe. They today are the largest supplier of athletic shoes and apparel as
well as a major manufacturer of sporting equipment. Nike is the most valuable
brand in the sports business with their brand sitting at an excess of $32 billion
dollars. Like any other company of their size they have had their share of
controversy but are usually able to resolve the issues with their legal team. One
of the biggest intellectual properties of a company that I can think of is Walt
Disney. Disney is one t=of the biggest names known today. The company as a
whole has so many productions of movies and television shows. Disney also owns
one of the biggest and most popular amusement parks in the world. People come
from all over the world to visit the Disney theme park. The Disney brand also
has clothes and other material things that can be purchased from the brand. Over
the years Disney has become one of the most popular names and brands in the
world. It is hard to watch the television, go to the store or even listen to the
radio without hearing or seeing something that pertains to Disney.Protecting the
intellectual property is so important for Disney. The name itself is so big. The
characters in every movie or show are trademarked or/ and copyrighted. This
protects assets and credits of each creation. This also avoids other companies from
stealing a character or trying to make a replica character and earn money from
that creation. Protecting the Disney brand through copyright, patent and utility and
etc. allows Disney to keep all of its profits. This allows This allows Disney to be
protected against other companies trying to make a replica of its characters,
movies, and etc. This also allows Disney to peruse legal action against anyone
that is trying to take on their work as their own. With these protections other
parties can receive financial gains without the permission of Disney.Protecting
intellectual properties are very important for anyone that wants to own the rights
to their creations. If you write a song, create a clothing brand, design or any
creation it is important to protect your brand. When thinking about this weeks
discussion question I immediately thought about McDonalds and it's trademark
Golden "M". Through the years McDonald's has acquired many copyrights for it
food as well as patents for its boxes. I am sure with all their recipes they have
a few trade secrets too. It is important for a company, such as McDonalds, to
protect these intellectual properties because it can be the bat signal for their
services. Like the Golden Arches, many other fast food logos can be seen from
the high way and anyone passing by it knows exactly what it is. Also protecting
recipes from competitors is a must in the food industry so it is important to have
trade secretes put in place. All of these things are valuable assets to a company.
They can be something as simple as the slogan of the commercial that plays on
the television or radio. If these intellectual properties were not able to be
protected then other companies could just use recipes or slogans close to the other
companies with out any repercussions. Parody is considered fair use under
copyright law. But sometimes it is difficult to determine whether or not something
qualifies as parody. One would have to read a lot of case law to get a clear idea
of what has and has not been considered parody by the courts.
If somebody sues you, it can be expensive and time-consuming even if you
ultimately win the lawsuit. And so it is wise to get permission from the holder of
the copyright before publishing a parody of a work that's under copyright.. I've
read that that's what Weird Al does, because he doesn't want any legal problems.
If he can't get permission, he doesn't do the parody. Intellectual properties can be
a variety of things, many of these are private or patented technology. Food
recipes, cooking techniques, trademarks, brand names, images, and slogans are
considered to be of many prime examples of intellectual properties that companies
hold dear. An example of this is a renowned company like Chick-Fil-A and their
trademark logo of a chicken and their slogan of “Eat Mor Chikin”. According to
Gerben Law Firm (2022), businesses of all types have tried to market their brands
and products by using a part of Chick-Fil-A’s slogan but because of intellectual
property protection and laws, they needed approval from the company first before
finalizing and sending out their products. Protecting intellectual property is
extremely important to businesses because it provides protection to those with the
original ideas and encourages innovation and competition within the industry (Lee,
n.d., p. 167). For example, if Chick-Fil-A did not have their intellectual property
protected, then other fast food companies who sell fried chicken sandwiches can
steal and claim that their products are the same, similar, or even better. Not only
does this steal the credit from the original ideas that founded the company, but it
also discredits the hard work that was put into it and thus makes it easier for
anyone do the same. Protecting intellectual property also encourages these other
businesses to come up with different and new ideas which stimulates competition
and new inventions (Lee, n.d., p. 167). The intellectual property of a company I
chose was IBM Intellectual Property Licensing. Rather than just the intellectual
property IBM also offers licensing to companies who need to register and license
their intellectual property. IBM has one of the world's largest intellectual Property
portfolios. It consists of diverse collections of research and is collaborative among
many experts contributions. The combined information is what makes it intellectual
property and when utilized can simplify what was large and complex. If you are
a client you are able to work with other members who are also contributing
information.Protecting the intellectual information and offering licensing is important
because a lot of companies use proprietary information in engineering and
innovation to be different from the competition. Companies strive to become
leaders in their field and have experts that are researching and discovering new
techniques, developing technologies, and creating more efficient procedures. If the
information was all public they would not be able to take credit for their work
and would be at risk for becoming victims of infringement. By having a patent or
a license you are able to associate the intellectual information with a product,
service or as property.In this example IBM is offering the technology which is
another piece of intellectual property that is specific to licensing intellectual
property to be used and verified as property. I have been a fan of IBM since I
learned about it as a kid. I was able to tour a facility where a relative worked at
IBM who explained some of the science to me. Very fascinating to experience the
places and process that creates some of these invisible connections. I would like
to talk about music, a band by the name Metallica. This band and many other
bands are involved with a company known as (The World Wired IP Fund) from
my understand from my research its owned by (ex- Morgan Stanley investment
banker Paul Donahue). Metallica is an old school band who worked their butts off
to get where they are today. Yes, I’m sure you have heard of some of their
songs at Baseball games, foot ball games, even basketball games. You don’t hear
the words but you hear the notes of the song which “they created” which gives
them rights to what belongs to them. The world wired IP fund is a catalog that
partners with other musicians and give the company right to us their song and
Metallica does get paid because they are with this company and they get paid to
play their songs. For example, if we were to play their song at a high school
football game, and someone posted on line “social media” and they see this, the
person who recorded and posted this song can be held reliable, maybe not so
much the person who recorded and posted but the school for using without
permission or purchasing the right to play song at the school. Another band who
had intellectual property were The Doors, their tones and songs had a catchy
sound to their band which made them famous just like Metallica.
In my words intellectual property is work created and designed by someone and
that person or company has rights if they were to patent, or trademark it. So,
with that being said Metallica had done their homework and patent their music
and got involved with (The World Wired IP Fund) which in return identified their
music intellectual property, along with other major bands. I’m sure you have seen
a commercial with a band, or heard a songs you like right? Those bands have
patented them self, and fall under intellectual property. I would like to focus on
the intellectual property giant that is Apple. It was founded in 1976 by Steve Jobs
and two other developers. Since then, it has made a name for itself by being the
world's largest technology company. Producing innovative creations like the iMac,
iPod, iPhone, iPad, and most recently AirPods. Intellectual property consists of
patents, trademarks and copyrights. Intellectual property is not physical property,
but rather property of the mind. It claims ownership and rights to creations,
inventions and designs. To date, Apple owns over 1000 trademarks and a few
hundred more that are not yet registered. From logos to the Apple store design
and layout, even the sounds and scents associated with Apple are protected
intellectual property of Apple Inc. It is what makes the company stand out, it is
what makes the Apple brand, products and services so recognizable to all. When
you go out and see a store made of glass walls and also has a glass staircase,
you know what store that is, without having to look at the famous logo at the
storefront. Intellectual property is very important, not just to Apple, but to all
company and businesses because it gives them their identity and protects the
innovative rights of their original creations, a very vital part for success in any
business, and to be able to stay relevant in the world market. Since it’s inception,
Kentucky Fried Chicken, or “KFC”, has exploited and benefited from its secret
recipe of 11 herbs and spices. In 1939, “the Colonel perfect[ed] his unique blend
[of] 11 herbs and spices that are still used today... and still top secret”
(global.kfc). These bragging rights have been at the center of their marketing
campaigns from the start, and many consider the ingredients to be one of the
biggest trade secrets in business. KFC’s founder, the famous, Colonel Sanders,
began the business with his recipe being created only by memory, but he
eventually made a hand-written copy. It’s believed that that very hand-written copy
is kept in a safe, and is shared with very few employees, who are “bound to
secrecy by a strict confidentiality agreement” (mashed). KFC goes to great lengths
to protect their trade secret from being discovered, including utilizing two separate
manufacturing entities to each mix a portion of the spice blend. “[…] half of the
ingredients are blended by Griffith Laboratories and then the mixture is sent to
McCormick, where the other half is added (latimes)”. Additionally, “there is a
rumor that employees let in on the trade secret are not allowed to travel together
by car or plane, on the off chance there is an accident. The original handwritten
recipe has only moved locations once, and was driven in an armored car and
guarded by a high-security motorcade” (mashed). KFC has been very successful.
Today, there are over 25,000 KFC locations in 145 countries (global.kfc). The
reason protecting their secret recipe so important is to protect their success, when
put in the simplest terms. This trade secret is valuable, first and foremost, because
of its unique qualities, and the limited number of people who have knowledge of,
or access to the recipe. If a competitor were to obtain the mixture of herbs and
spices, and sell the same chicken recipe, KFC’s profits may suffer as a result of
the product duplication, and KFC would have to come up with new core
marketing strategies for the first time since it’s creation. If the public were to
receive the recipe, families could make the chicken at home instead of purchasing
it from KFC. Having a secret, or product that is one-of-a-kind also creates an
attraction toward a business. If the secret is revealed, the allure may fizzle. These
are both examples that could potentially lead to sales losses. A recipe, insofar as
it consists of a list of ingredients and of instructions for what to do with them,
cannot be copyrighted. A recipe can conceivably be kept secret as a trade secret.
If a published recipe contains anecdotes or other literary additions that are not
really part of the recipe, the anecdotes etc. can be copyrighted, as literary
expression, but the list of ingredients and the cooking instructions are merely
information, and information cannot be copyrighted. . However, a compilation of
recipes can be copyrighted. Thus, it would be illegal to copy a recipe book that
is under copyright. Ohio State University's trademark and licensing program
reportedly brings the University over $12.5 million annually and is a crucial means
of revenue that is dependent upon. I can reminder being at my sons graduation
and hearing "THE Ohio State University" with the three-letter word "The" being
stated with such confidence and grit behind it. Recently, The Ohio State University
successfully accomplished a trademark for the word "The". They have been
working to accomplish this since 2019 to be used specifically on their athletic
apparel. Initially their request to trademark this word through the U.S. Patent and
Trademark Office was denied as well as an identical request submitted by fashion
designer Marc Jacobs. However, the approval included an agreement between both
Ohio State and Jacobs to both use "The" on their apparel and products. The
request was first denied by the USPTO because it didn't seem to be me the
requirements of distinctiveness. It was determined that nothing about it was
differentiating from anything else. However Ohio State was able to justify and
prove its distinction from others with the use of the word "The".Having this
trademark protection is important to them because it allows them to progressively
continue to set themselves apart and bring in an outstanding revenue through the
selling of sports wear that is labeled with the addition of one word that makes
them so important and prestigious. When you add "The" it can give the perception
of the best which is how they want their student, athletes, and fans to feel and
relate to them. Disney is undeniably known for its channels, films, and amusement
parks but it doesn't stop there, Disney is a brand. Under that brand, there is a
myriad of characters within the company; these animations are intellectual
properties themselves. Meaning that other production companies are unable to
replicate these characters and storylines under their name and make money off of
it. That being said Disney ensures that no other company will profit off of their
creations. Whether it be their manuscripts of movies or the designs for their logos.
This is why they are working hard to protect it.For example, these properties have
recently been debated over; between Sony and Disney. "It’s no secret that Sony
Pictures own the film rights to Spider-Man and that their current deal with Marvel
expires with Spider-Man: No Way Home (2021). It’s also no secret that The Walt
Disney Company prizes Spidey like their favorite child and attempted to gain more
rights to the character in 2019 but ultimately renegotiated their new terms".In the
end, Sony still owns spiderman and is unwilling to sell it to Disney because it
occurs a big portion of its profit, instead they decided to collaborate on the next
film and split profits 70/30. Protecting their intellectual property is so important to
them because they have invested millions of dollars into each of their movies. By
far their biggest and most know is Mickey Mouse. When you think of Disney
you probably picture him or at least his ears. He is their biggest and most
expensive intelleNike has intellectual property which is the Nike check symbol that
is their trademark. Anything involving Nike you will see that check mark symbol.
It has been their trademark for as long as I can remember. They use trademarks
to protect their brand. By having a trademark a company can prevent unauthorized
use of their intellectual property. "Just Do It" is another trademark of Nike. Good
thing they trademark these things because if not another company could use them
for marketing purposes. I read that Nike has a total of 25,762 patents globally.
Trademarks protect names, copyrights protects a companies original work, and
patents are more on the scientific side of things. It is important for a company to
protect their intellectual property so that things they have worked hard for cannot
be taken and used for marketing for other companies. I believe it also. helps with
their assets by protecting their intellectual property. Without protection their ideas
and other things of the company would not reap their full benefits i believe.ctual
property. They have copyright over him so that no other company can use him or
anything that might be mistaken as him in anything. Disney protects their
intellectual property because without they don’t make as much money. They are
the only ones able to sell Mickey Mouse or Frozen or any other major film
characters. Because of this they make billions of dollars yearly. Intellectual
property is pretty much listed on most business products such as pictures, flyers,
and products of that particular company. I know when my son has his pictures
taken you will get the preview but will have copyright words written across until
actual purchase. Years ago my daughter was friends with a girl whose family had
an idea patented but Polaris stole it, they were able to sue for damages and made
out very well with the lawsuit. Intellectual property needs to be of importance
for businesses to protect any products they may offer that make them their profit.
Should someone else be able to just take over other ideas then they may be able
to steal the profits from the original owner as to why the intellectual property
rights are so important.Should a business have a patent, copyrights, etc they
become protected. As I stated earlier a lawsuit for a patent that was stolen
without a legal contract, can be done by hiring an attorney that practices
Intellectual law. I feel small businesses are more prone to having issues with other
businesses trying to make a quick dollar off someone else's ideas. Hopefully, the
smaller business take more action and pay close attention to their rights for a
product that may be their original idea. Google has intellectual property rights to
many of their innovative evolution aspects of societies and communities down to
the source code of their website configurations. With the advancement of
technology so does the advancement evolution of laws that govern intellectual
property need to be updated for the rights of individuals, entities, and companies.
“In Google v. Oracle, the Supreme Court found Google’s use of 11,500 lines of
declaring code was fair use” (R, D., Wizenfeld, H., & Cole, D., 12/03/2021). This
seems to be unfair in my cognition. Perhaps the data software should be
considered like artwork, lyrics from music, or solar power converters that are
intellectually protected creations by copyrights, trademarks, and/or patents.
“Determining the purpose of software code may be a simpler task than
determining the purpose of visual artwork” .Protecting intellectual property is
important in general principalities for the creator (inventors) to have executive
control over the “mission” and “vision” of the concepts protected by patents,
copyrights, and trademarks. To my cognition, if Google didn’t take precautions of
protecting its intellectual property the company would lose the nurturing of
originality and their market from distinguishing their own products and services
from others. The company would not be able to reap the full benefits of their
inventions and would enable a space for other competitors to legally sell
inventions and/or concepts with comparable configuration and the quality of having
a practical use of creation would be lost. You're spot on about laws needing to
keep pace with the advancement of technology. Legislation seems to be constantly
playing catch up as technology rapidly evolves in everything we do.I lack
technical knowledge as it relates to specifics of computer coding, but I think
you've laid out some valid points in the basis of your argument, comparing code
to artwork and other technological developments that may be protected. I didn't
realize code that creates or designs specific software capabilities or functions
couldn't be protected. I would think certain proprietary code would fall under the
umbrella of software protections. Google is very well known and makes a great
deal of money. Because of this they have they pay for the intellectual property
rights of all of their technology. They trademarked their name “Google” as well
as their color, design and layout of their brand. They created many things that
stemmed from their original search engine. They now have the intellectual rights
for gmail as well as YouTube. You are right that if google didn’t take
precautions in protecting their intellectual property right they could the originality
of their company and as well as a lot of money. I believe that states that limit
enforceable of Non-Compete Agreements are due to there being so much these
days that could be taken out of content. Like in my response discussion this week
with Google source code easily being able to copied and used by another
company. What intellectual property rights or non-compete agreements need to be
in place with such ease of technology to copy them. My idea is law and rights
language may need to be updated to embody such rights.
