Legal Question in Business Law in California

intellectual property

I have a new use for an existing product and logo.

How do I protect my concept when I present it to the

compan


Asked on 6/14/00, 2:28 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: intellectual property

It is impossible to answer this question without more particulars. For example, if the new use for an existing product is in the nature of, say, using a hammer to crack walnuts when no one had ever done this before, the use is probably freely exploitable by any hammer owner. However, if the idea is that a highway map of the U.S. can also be used as a railroad map of the U.S. by printing an overlay of railroad lines on it, the map publisher can probably assert a right to control such derivative use.

With respect to "new use" for a logo, the answer is not necessarily any simpler, but the line separating fair use from infringement is way over to one side, making most use of a logo by other than the party to whom registered unfair.

You should consult an attorney, but one self-help step is to contact the company in question, without disclosing particulars of your idea, to determine their policies for submission of new ideas by inventors. Most companies have established guidelines and will treat you fairly.

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Answered on 8/07/00, 12:41 am
Barry Jorgensen The Law Office of Barry S. Jorgensen

Re: intellectual property

You will need to hve all parties that are exposed to your new concept sign both a non-disclosure and a non-circumvention agreement. Most business attroneys can draft such agreements specific to your idea.

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Answered on 8/07/00, 12:59 pm


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