Trademarks in Media: Tyler Perry Wins Mark For “What Would Jesus Do”

If you are a fan of the performing arts, it would be hard not to possess at least a tangential knowledge of Tyler Perry. He’s written or had a hand in numerous plays, movies, books, and television series, almost all with his name prominently featured in the title to draw fans in. Unfortunately, his endeavor into realm of  trademarks in media has landed him into a bit of legal drama that he might rather his name not be attached to.

Perry was awarded the trademark to the phrase “What Would Jesus Do” by the United States Patent and Trademark Office (USPTO) in his battle with Kimberly Kearney, a former contestant on the VH1 reality series I Want to Work for Diddy. When Perry originally filed for the trademark in May 2008, Kearney had already made a filing on the phrase five months earlier with the intent to create a reality television show. When Kearney’s filing was published for opposition in 2010, Perry and his aptly-named Tyler Perry Studios challenged, claiming no use on the part of Kearney. Kearney and her lawyers argued that she had shared the program and title with Tyler Perry Studios and had solicited funding in the early stages of production and that Perry and his studio subsequently filed their trademark claim after learning of the show.

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How to Protect an Idea without a Patent

mario-gogh-VBLHICVh-lI-unsplashMany people who start a small business do so because they feel they have a truly unique idea. Many individuals just starting their small business may not have enough money to utilize the patent process. In some cases, it makes sense for a small business to try and sell their product without a patent. There are still cases where a person’s idea can be protected without the patent process.

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IP Best Practices: Code of Conduct as a Means of IP Protection, Step 4

Previously in our Intellectual Property (IP) Best Practices series, we introduced step three to managing your IP: Manage. Please check back every Monday for the next step in this series.


A company is made up of its employees. They are the people that carry out the day-to-day affairs. While interacting with third parties with your intellectual property, it is important that all your employees know how much disclosure is safe, and when to get a Non-Disclosure Agreement. Prepare a code of conduct for all employees to follow so they do not inadvertently disclose or infringe IP.

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How Can Small Business Fight Intellectual Property Theft?

nordwood-themes-q8U1YgBaRQk-unsplash-1Scenario: You spent five years developing a mobile app that gives football fans real-time access to the latest scores and stats. You’ve turned that invention into a small business, and although still struggling, you’re finally starting to see a return on your investment. Great! Then one day, surfing the internet for what else is hot in the world of mobile apps, you see yours. But it’s not yours. It’s someone else’s—same app, same functionality, different name. Looks like they stole your idea. Now what?

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Copyrights in Technology: SoundCloud Equity Deal to License Music

 

SoundCloud is an online audio distribution platform founded in c-dustin-K-Iog-Bqf8E-unsplash2007 by two Swedish artists, and has since gained over 250 million users. This German company initially started as a means for new artists to share their music, receive feedback, and communicate with their fans, but is expanding to include popular mainstream artists as well. It wants to become the YouTube of music, but unlike YouTube which can play music by major recording labels due to multiple licensing deals, SoundCloud has to take down such content. Although SoundCloud has a copyright do’s and don’ts list on its website and removes infringing content after providing Takedown Notices for copyright infringement, they do not want to have to provide such notices as they grow.

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LOT Network to Protect Intellectual Property Against Patent Trolls

Patent trolls have long been a scourge to innovators and entrepreneurs, using their claim on overly vague patents to pursue legal action against businesses with the intent of winning a settlement, while never actually attempting to use the patent to develop their own product. But now a cadre of tech companies has joined together in an effort to curb patent litigation and protect themselves from future trolling, save the type found in internet comment sections.

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Using Copyright Law to Protect Intellectual Property

Using_copyright_law_to_protect_intellectual_property. Apple, the Apple logo and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries.Steve Jobs was secretive about what Apple did, and for good reason. There are people out there who would like to steal your intellectual property (IP)–competitors who would love to emulate what you have spent years to create or mold into the business idea that you own. Don’t give them that chance; it’s up to you to protect intellectual property that’s yours! Jobs was so concerned about people stealing his trade secrets that he often published erroneous press releases just to thwart the press and the public until he was ready to unveil his latest work of genius.

All businesses have intellectual property. It’s up to you to help protect it.

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