Protect Your Ideas With Copyrights And Patents

Q: Can you tell me the difference between a copyright and a patent? Also is that something I should let a lawyer handle for me?

A: A wise man once said, "The biggest difference between a copyright and a patent is the number of lawyers it takes to do the paperwork." There is a point to be made there, mainly that if this wise man had paid his attorney to copyright that tidbit of wisdom I probably would have had to pay him five bucks to use the quote.

Copyrights, trademarks and patents are similar in that they are designed by law to protect your rights of ownership, but that's where the similarity ends. A copyright protects a creative work; a trademark protects a brand or company identity; and a patent protects an invention or process.

A copyright protects the rights of anyone who creates an "original work of authorship." A copyright owner has the exclusive right to reproduce the work; prepare spin-off works based on the copyrighted work; and to sell, perform and/or display the copyrighted work in public.

Copyright protection is afforded to eight categories of creative works: literary works (the written word); musical works (lyrics, music, melodies); dramatic works (plays, scripts, screenplays); artistic works (pictorial and sculptural), sound recordings (LPs, CDs, audio tapes); choreographic works (dance, pantomime); audiovisual works; and architectural works (blueprints, designs, renderings).

An original work is automatically copyrighted the moment it is put into a fixed format such as a paper copy or recording. In other words, once you put your original story in writing or make a recording of an original song, your copyright is automatically secured. From that moment on your work has copyright protection for your lifetime, plus 50 years after your death.

Registering a work with the U.S. Copyright Office is not required, but since it is relatively simple and inexpensive to do so, I advise that you register a copyright for each work you wish to protect. Also, your copyright must be registered in order to take legal action against someone who might infringe on the copyright in the future.

You can register a copyright without the assistance of an attorney. Simply visit the U.S. Copyright office website at http://lcweb.loc.gov/copyright/ and download the appropriate form. Complete the form and send it in with a $30 nonrefundable filing fee. This must be done for each individual work you wish to protect.

A patent is a form of protection granted to an inventor that protects his invention in the United States for up to 20 years from the date of application. Patent law states that, "whoever invents or discovers any new and useful process, machine, manufacture, composition of matter, or any new and useful improvements thereof may obtain a patent." Owning a patent gives you the legal right to stop someone else from making, using or selling your invention (or one that's very close to it) without your permission. However, proving that someone is infringing on your patent is often difficult and usually requires a trial to settle the dispute.

Since the first U.S. patent was awarded in 1790, more than five million patents have been awarded. The patent office receives more than 230,000 patent applications every year and I can tell you from personal experience that a turtle on Prozac moves faster than the patent process. Patents can take several years, truckloads of paperwork, and considerable legal fees to obtain. The cost of obtaining a patent can run from $500 for a simple design patent to $50,000 and more for a complex utility patent. However, if your company has a truly patentable idea, you would be wise to invest the time and money required to secure your rights. A good patent can be a valuable business asset.

While you can file a patent yourself, I strongly advise that you use an attorney since a naively written patent application often isn't worth the paper it's printed on. Just recently my attorney did a patent search for me only to discover that a patent for a similar product was already in place. However, due to the ineffectual language of the patent application, the patent was practically impossible for the owner to enforce.

Good news for me. Not so good news for the wise man who wrote his own patent.

Here's to your success!

Tim Knox Entrepreneur, Author, Speaker http://www.prosperityandprofit.com http://www.dropshipwholesale.net http://www.smallbusinessqa.com http://www.timknox.com

Patent Pending Technology takes guess work out of selecting a new hair style

Do you feel like youre playing Russian Roulette when it comes to selecting a new hair style? The days of pouring thru magazines and hair style books in search of just the right hair style may soon be over. Gone will be hair cut style, perm and color disasters and the stress-filled anticipation of getting a new hair style.

A company based in Christchurch, New Zealand, Stellure has developed the worlds-first hair makeover software technology that can create a 3-dimensional model of your face so you can see what a hair style will look like from all angles. Users of the software can simply upload one or two photographs of themselves so that their own 3D model can be created. Various hair styles are suggested based on hair density, hair length and face shape. The software has been developed as a web application that is available 24/7 online at www.stellure.com . The software application is very user-friendly and has a free face shape trial to check out!

Today, we will have a brief question and answer session with Stellure CEO- Daniel Sim Lind, in Christchurch, New Zealand.

Welcome Daniel!

Question: What are some of the primary factors that led to the development of Stellure.com?

Answer: Initially we planned to develop a 2D hairstyle makeover product much like the ones that have been in the market for years. After working on the idea for a while it became obvious that no-one can really know whether a hairstyle will suit them with only the font view to judge by. I really wanted to develop a tool, not a toy.


A lot of people choose their hairstyle based on what looks good on someone else, but I wanted people to be able to see what would look good on them. A jagged or blurry front view just isnt good enough. So, we set about developing Stellure, and after more than a year of development and technical innovations here we are.


Question: What is the significance of the name Stellure?

Answer: Stellure is a conjunction of style and allure something that I am sure that every women wants their hairstyle to reflect.


Question: What is your background? Experience?

Answer: Our management team comes from backgrounds in product development, technology and marketing. In the past weve worked on several successful technology companies, and their products have received excellent reviews on CNN and BBC World and in PC World, the Wall Street Journal, Washington Post, Sydney Morning Herald, Melbourne Age and many others.


While we knew we had the expertise to create great technology, we wanted Stellure to become a leading fashion company, so we hired stylists who had backgrounds in film and television and teaching.


Question: Why did it take almost a year to develop the technology? What steps were involved?

Answer: The whole project was uncharted territory. We encountered hundreds of individual barriers that we had work out how to overcome. Because we wanted to make Stellure really easy to use we had to hide how complex the technology is, and that made it even tougher to develop. Although it may look effortless on screen, the technology driving Stellure is a world-first. In fact, we have patents pending on many aspects of it.


Question: What makes your makeover software different than other hair visualization software programs currently available on the Internet?

Answer: Stellure is the only makeover software that allows you to see yourself in 3D. This is really important because it means you can check out new hairstyles from every direction. Our hairstyles arent just cut out of magazines and then stuck on top of a photo of your face. Theyre high-resolution images allowing you to see the individual strands of hair. Each Stellure hairstyle is based on a series of photographs of a real hairstyle.


We can also create a 3D model of your face based on just two photographs, which allows you try on all the styles in our growing catalogue and see how they would look on you. Its quite amazing the first time you see yourself in 3D like that.


Weve also got a Face Shape Wizard that helps you to objectively determine your true face shape. Thats another world first. You can forget what your Aunt Mabel told you when you were little, or trying to guess by looking in the mirror. The Face Shape Wizard takes you through it step by step no more guess work!


Question: Were there other salon professionals that helped with the development and direction of the makeover software?

Answer: Besides the initial set of stylists we brought in, well be bringing in new talent all the time to contribute to each new collection. Having industry leading stylists on board is absolutely essential to Stellure meeting its full potential. Stellure will never be finished. Were constantly adding new features and collections, and that requires ongoing contributions by the hair industry pros.


One of the big features thats been widely requested is color tinting. Weve got a new lifelike tinting system thats just getting the finishing touches. When that comes out youll be able to see every style in a range of colors.


Question: How many hair styles and types are available at stellure.com?

Answer: Weve only just recently launched Stellure, so were really excited to be able to announce that our first general collection of 147 styles is now available. This first set includes a wide variety of styles to meet the needs of as many people as possible. Theres everything from dreadlocks and prom styles to elegant, business, and everyday styles. Well be releasing new general and specialized collections soon.


As you can imagine, each style is very time-consuming to create in 3D. At the moment weve got 6 and 12 month memberships available at very low prices. As the catalogue grows the price will have to rise. The idea is that those people who get in early can enjoy all the new styles and features that we add over the next year at no additional cost. Theyll also be able to renew their membership at that same price. We really want to reward the people who support us early on.

Question: Does the makeover software address different cultures and corresponding country-specific hair styles? I.E. Japanese, Asian, African American, White, Hispanic, Arabian, etc.

Answer: Yes. Both our 3D models and hairstyles are designed to be appropriate for different cultures and ethnicities. In the future well be adding specialized collections for different regions.



Question: What about different age brackets and gender? I.E. teens, children, men

Answer: Stellure is presently designed to cater for women from age 12 and above. Were working on the mens service, which should be available in the next 6 to 12 months.


Question: Do you plan to partner with beauty salons around the world so that the salon can offer this service to its clients?

Answer: We are currently working on the development of a special salon version of Stellure. The feedback weve had from the salon industry is that they want Stellure in their salons ASAP. Were going as fast as we can to get the salon version ready for release.



Question: In conclusion, can you offer some advice to anyone considering a new hair style

Answer: Choosing a hairstyle is a really important decision as it can seriously impact how you feel about yourself. While its fine to base your style on one that looks good on someone else, what works for them may not work for you. Our aim is to make it possible for you to find out what will work for you, before the first cut is made. Its really important that what you have in your head is the same as what your stylist is imagining. A picture is worth a thousand words, so a Stellure style print-out can make it much easier to communicate your dream style. A talented stylist who really understands what youre after is a great asset.


Thank you Daniel for speaking with us today about your exciting makeover software.


Youre most welcome. This is a topic that Ive become passionate about, and Ive really enjoyed having the chance to talk with you and your readers about it.


Perriann Rodriguez is the founder of www.hairresources.com--the place for World Class Hair Styles + Beauty Salons. She is listed in the 2004 Who's Who of Executives and Professionals and the U.S. Register of American Writers.

Trademarks - What is a Conflict? What is a Strong Similarity?

Comprehensive trademark research consists of several layers:

• Researching comprehensive databases, such as Lexis-Nexis or Dialog
• Looking for similarities, such as synonyms, word placement & spelling variations
• Consultation with a trademark attorney if Conflicts or Strong Similarities arise

The hardest matter to determine is what's going to be a potential problem for you and what isn't. Once that is ascertained, further research into the company or companies is needed.

First, let's discuss the difference between conflicts and strong similarities.

What is a Conflict? Determining a conflict is very simple - it's any mark that is EXACTLY like yours. If the name AND the goods/services are EXACTLY the same, then it's a Conflict.

What is a Strong Similarity? These are harder to determine and require analysis. A Strong Similarity is a name that is similar enough in Sound, Appearance or Meaning to be confusingly similar to the average consumer. Here are some examples to aid you:

1. Joe has a pending Federal trademark for his auto detailing service called It's in the Details. Becky wants to call her new auto detailing service, It is the Details. They are both offering the same service and their trade areas cross. This is a Strong Similarity, based on Sound & Appearance and Joe's pending Federal application.
2. Mary has a Federally registered trademark for her clothing line, Scary Mary's Apparel. Dan wants to use the name Mary Frightful Wear for his clothing line. This is a Strong Similarity, based on Meaning & Mary's Federal registration.
3. Sam has a California state registered trademark for his restaurant, Crabtastic Eats! and has no plans to expand outside of the state and primarily serves locals. Hannah's restaurant, Crabtastic, is located in Maine. She also has no plans to expand outside of the state and primarily serves locals. This is NOT a Strong Similarity based on their different trade areas.
4. Lorena's online payroll service, Pay Up, has been in use for 15 years and has clients across the country. Gene wants to start an online payroll service called Wage Wizard. Neither of them have trademarks. This is NOT a Strong Similarity based on the dissimilarity in the names.

Naturally, there will be exceptions to every situation. For instance, similar trademarks (in name and goods/services) can coexist peacefully if both parties are comfortable with one another's existence. This can happen if trade areas do not cross (e.g. located on opposite coasts), if they appeal to different consumers (e.g. one sells to private industry while the other sells to the general public), etc.

Two important notes:

1) It's crucial that comprehensive research be conducted in order to decide if the name is truly available or not. Free preliminary sites found on the web are a great place to start but please be aware that this is merely scratching the surface of what's out there.

2) Determining what is a conflict or a strong similarity requires experience and it is very easy to over or under-react to marks you've found. If you're vacillating about any marks, contact a trademark research firm or an attorney for further consultation.

Now, once those similar marks have been found and determined, the next step is to check into them to determine whether or not there would be a likelihood of confusion between the two companies when used in commerce.

How to get started with your competitive check:

1. For Federal trademarks: check the current status of the application by going to USPTO Check Status site and entering the serial number in the appropriate box
2. Do a web search for the trademark name AND for the owner name.
3. Call information to find phone numbers and contact information for each company.
4. Contact each of the similarities to find out specifically what they do and what their business area is.

Specific questions to ask:

• What services do you provide? / What exactly does your product do?
• I notice you are located in _________, are you currently doing business outside that area?
• Do you have a web page that describes your business? Do you have a brochure that you could send or fax me?

It is best to not let on who you are - simply act like an interested consumer.

Once you've checked the status of the application & contacted the companies directly, the next step is to discuss the findings with a trademark attorney. S/he will assist you in determining your next steps.

* No claim is made to the ownership, knowledge or liability of the above personal and/or company names. The above examples are merely for informational purposes and should only be seen as such.

Shannon Moore is the General Manager, East Coast for TradeMark Express. Since 1992, TradeMark Express has met the needs of their clients with comprehensive research, application preparation, attorney referrals and trademark consultation. For further details, please visit us on the web at TradeMark Express or call Shannon directly at 800.340.2010.