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Trademarks, Copyrights, Patents, & Trade Secrets—What's the Difference?
In this episode, Jason talks about the basic differences between trademark, copyright, patent, and trade secret.
As always, you can schedule a call through Calendly, peruse past episodes, check out the Keith Law website, or contact me through my LinkedIn profile.
EPISODE-SPECIFIC LINKS:
- Supplementary materials (i.e., the related blog post)
- Ep001—Practical Trademark Protection
- Ep010—What is a Trade Secret, and Why Should I Care?
- Ep011—The Trade Secret Misappropriation Cause of Action.
- Ep012—Maintaining Your Registered Trademark with the USPTO
- Ep014—Trade Secret Misappropriation in the Context of McDonald’s Ice Cream Machine Drama
- Ep017—Forming an Entity Does Not Protect Your Trademark
- Ep018—Trade Secret Protection in the Absence of a Confidentiality Agreement with Employees
TIMESTAMPS:
00:00 — Overview of the basic differences between trademark, copyright, patent, and trade secret.
01:08 — Intro
01:32 — TRADEMARK—distinguishing the source of goods and services and avoiding consumer confusion.
02:19 — Generic terms are unprotectible
02:33 — Common law rights
02:38 — Registering with the USPTO gives rise to statutory rights.
02:43 — Duration of registration is unlimited, so long as use continues and registration is properly maintained.
03:05 — Tradenames are not automatically trademarks.
04:28 — COPYRIGHT
04:38 — "Author"
04:50 — "Writings"
05:21 — Scope of copyright has expanded over time and now extends to eight categories: (1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; (7) sound recordings; and (8) architectural works.
06:07 — Not names, logos, and slogans.
06:23 — Life of the author plus 50 years.
06:33 — PATENTS
07:03 — Duration: 20 years from filing the application for utility patents; 15 years for design patents.
07:18 — Public policy behind protecting patents.
07:37 — TRADE SECRETS
08:08 — Under Texas law, a trade secret is (1) a secret; (2) used by a business; that (3) gives the business a competitive advantage over those who don't know or use it.
08:35 — Comparing trade secrets to patents.
09:33 — Takeaways from this episode.
10:20 — Subscribe, check the show notes, and email or schedule a call with your questions.
10:54 — Outro
DISCLAIMER: This audio and blog post are for informational purposes only and should not be misinterpreted as legal or other professional advice. If you have a legal question, you should consult with an attorney in your jurisdiction. Thank you for tuning in to Keith Law, PLLC.
View all episodes
By Jason KeithIn this episode, Jason talks about the basic differences between trademark, copyright, patent, and trade secret.
As always, you can schedule a call through Calendly, peruse past episodes, check out the Keith Law website, or contact me through my LinkedIn profile.
EPISODE-SPECIFIC LINKS:
- Supplementary materials (i.e., the related blog post)
- Ep001—Practical Trademark Protection
- Ep010—What is a Trade Secret, and Why Should I Care?
- Ep011—The Trade Secret Misappropriation Cause of Action.
- Ep012—Maintaining Your Registered Trademark with the USPTO
- Ep014—Trade Secret Misappropriation in the Context of McDonald’s Ice Cream Machine Drama
- Ep017—Forming an Entity Does Not Protect Your Trademark
- Ep018—Trade Secret Protection in the Absence of a Confidentiality Agreement with Employees
TIMESTAMPS:
00:00 — Overview of the basic differences between trademark, copyright, patent, and trade secret.
01:08 — Intro
01:32 — TRADEMARK—distinguishing the source of goods and services and avoiding consumer confusion.
02:19 — Generic terms are unprotectible
02:33 — Common law rights
02:38 — Registering with the USPTO gives rise to statutory rights.
02:43 — Duration of registration is unlimited, so long as use continues and registration is properly maintained.
03:05 — Tradenames are not automatically trademarks.
04:28 — COPYRIGHT
04:38 — "Author"
04:50 — "Writings"
05:21 — Scope of copyright has expanded over time and now extends to eight categories: (1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; (7) sound recordings; and (8) architectural works.
06:07 — Not names, logos, and slogans.
06:23 — Life of the author plus 50 years.
06:33 — PATENTS
07:03 — Duration: 20 years from filing the application for utility patents; 15 years for design patents.
07:18 — Public policy behind protecting patents.
07:37 — TRADE SECRETS
08:08 — Under Texas law, a trade secret is (1) a secret; (2) used by a business; that (3) gives the business a competitive advantage over those who don't know or use it.
08:35 — Comparing trade secrets to patents.
09:33 — Takeaways from this episode.
10:20 — Subscribe, check the show notes, and email or schedule a call with your questions.
10:54 — Outro
DISCLAIMER: This audio and blog post are for informational purposes only and should not be misinterpreted as legal or other professional advice. If you have a legal question, you should consult with an attorney in your jurisdiction. Thank you for tuning in to Keith Law, PLLC.