Copyrights, Trademarks and Patents, Oh My! Understanding Intellectual Property

!9# Copyrights, Trademarks and Patents, Oh My! Understanding Intellectual Property

You are a business owner with a web presence. During a routine Google search for your page ranking, you discover something disturbing. There is another company out there with a name very similar to yours and almost identical content on their website. What do you do? Is your company name and website content automatically protected by copyright law? Should you have registered your company name as a trademark? Can you demand that they change their name and dismantle their website immediately?

Intellectual Property can be a confusing topic, and one that all business owners should know about. Sadly however, many entrepreneurs simply don't. Intellectual property is in very simple terms an idea that legally belongs to somebody, be they a company or an individual. Only the owner of that idea, or somebody the owner has a legal agreement with can use the idea. Generally, the owner of the idea is usually its creator unless someone paid them to create the idea, in which case the idea's owner is the person who paid for the idea. There are different kinds of intellectual property, but for the purpose of this article, we will focus on copyright, patent and trademark.

Patent - A patent protects the creators of new inventions. An invention can include anything from a new product or business method to a recipe. If you decide to patent your invention, there a few things you should know. First, you will need to apply for a patent in every country where you would like your invention to be protected. Secondly, getting a patent is going to cost you a pretty penny. You will have to pay thousands of dollars to patent your idea and it will take a minimum of 2 years (probably more) before you are granted a patent. Also, your precious invention will no longer remain a secret since your patent application will be made public once your application is submitted. If all of this wasn't enough bad news, patent protection generally only lasts for twenty years from the date of your application. Phew! On the up side, once your patent is accepted, you can sue anyone who tries to manufacture or sell your invention.

It's worth mentioning here that another method to keep your invention protected is to keep the method of manufacturing it a 'trade secret'. If you choose this process, of course, in order to manufacture your product, you will have to tell somebody. You would have to have anyone who would learn your secret sign a confidentiality agreement. Consult a lawyer if you plan to use this method.

Trademark - Trademarks are the marks used to distinguish one company's products or services from another's. They can include a product name, a slogan, and any other mark that is deemed to be unique to a company such as a logo or unique packaging. As a rule, you can't trademark descriptive words, geographical names or a person's name. You also cannot register a business' name. You can however, register part of a name used to identify a product or service. For example "Kellogg's Company" is the owner of the "Kellogg's" trademark and the "Rice Krispies" trademark. You cannot register a trademark similar to one that is already in use by another company. Beware; a trademark does not have to be registered in order to prevent others from using it. If a company is using an unregistered trademark in your geographical area, they can still prevent you from using it. You could perform a search in a trademark database and find later that you are using another company's unregistered trademark. If you find another company in a completely different industry using your unregistered trademark, you probably won't be able to do anything about it if they are not your competitors or if they are not in your geographical vicinity. Protection of a registered trademark however, is much stronger than an unregistered one, and once you have a registered trademark, you can prevent competitors from using it, or confusingly similar ones anywhere in the country in which your trademark is registered.

Copyright - Any written text, artistic work, or computer program is automatically protected by copyright. Anything you or I write, be it published, online text or unpublished, handwritten text, is copyrighted. Also anything we draw, paint, photograph, film, or compose is also protected by copyright. Copyright can be registered, but it doesn't have to be in order for it to be illegal for individuals to copy someone else's work. Copyright also lasts for an extremely long time. Usually it lasts the duration of the author's life plus fifty years at which point it becomes a part of the public domain and can be used by anyone.

Factual information cannot be copyrighted. For example, this article is based on fact. Although you cannot copy my article and claim to have authored it yourself, you can take the facts included in the article and use them in your own written material. If you would like to use a very small portion of someone else's written work, this is usually acceptable as long as you credit the author.

Finally, what do you do if someone uses your work without your permission? Your first step should be to contact the individual. You can usually either go to the contact page on the offender's web site or go to http://www.whois.com and enter the offender's domain to find contact information. If your initial communication doesn't get results, you should then send a 'cease and desist order'. For sample orders, just perform a search on 'cease and desist orders'. Finally if still no action is taken by the offending party, contact their web host and advise them of the situation and finally, contact search engines and make them aware of the situation. These actions should render the offender's website useless or in the very least give them enough trouble to convince them to remove the copied material.

For more information on intellectual property in Canada, visit the Canadian Intellectual Property Office at http://www.cipo.ca, for the U.S., visit the United States Patent and Trademark Office at http://www.uspto.gov and for Europe please visit the European Patent Office at http://www.european-patent-office.org

Copyrights, Trademarks and Patents, Oh My! Understanding Intellectual Property

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Ten Fun and Creepy Halloween Party Snacks

!9# Ten Fun and Creepy Halloween Party Snacks

It doesn't matter if you have a big family or if you're on your own... Halloween is one of the most fun holidays ever invented. But if you are a busy mom (and your house is the one house on the block where everyone goes for Halloween parties) you may be looking for some quick and easy Halloween party snacks to have ready for kids, visitors, guests, and freeloading adult friends during the Halloween season.

Looking for some new ideas for festive snacks that don't take a hundred years (or work your fingers to the bone) to put together? The ten Halloween party snack ideas below are lots of fun, simple to make... and some of them are even healthy!

1. Rotting Eyes and Severed Fingers

This is a very healthy but rather creepy Halloween party snack that makes good use of black olives and baby carrots. Arrange the black olives and baby carrots on a party tray with a bowl of your favorite dip (I like a cream cheese veggie dip). Inform your party guests that the tray is filled with rotting black eyes and severed fingers. And then watch this snack disappear. A good way to get your kids excited about veggies!

2. Jack o' Lantern Oranges

This healthy treat is so easy to make, and looks so pretty! Carve jack-o'-lantern faces into oranges and place on a platter. The kids will love it. And they can help, too, without ever having to pick up a knife. Have them simply draw the faces on with a black marker, and carve them yourself. Or don't worry about carving them-- they look just as good with faces drawn on.

As a variation of this fun Halloween party snack, I like to hollow out an orange with a Jack o' Lantern face and fill it with fruit salad. Healthy, easy and quick!

3. Easy Bugs in the Bone Yard

This is such a fun Halloween snack for the kiddos. All you have to do? Sprinkle raisins into a bowl full of white-chocolate covered pretzels. (You could also use chocolate covered raisins.) Kids will eat them up once they learn the name of this snack. Or they'd eat it up anyway, since this mix tastes divine.

4. Slimy Halloween Jigglers

You know those Jello jiggler molds? They work great for Halloween! Either use whatever you have lying around the house, or go out and pick up a brain or a heart-shaped Jello mold. Make up a batch of orange, black, purple, or flesh-colored Jello and pour into your mold(s). Or make a flat pan of Jello and cut out shapes with Halloween cookie cutters instead.

5. Ghost Cereal Bars

Prepare a batch of the Rice Krispies marshmallow treats recipe on the back of the cereal box. When the mixture has set up, cut out shapes with ghost shaped cookie cutter. Pour warm white frosting or melted white chocolate over the shapes to cover. Add M&M eyes and mouth. A delicious and easy Halloween party snack.

6. Green Gelatin Intestines

This is one of the grosser looking Halloween party snacks. Make lime gelatin and add pineapple bits, chopped marshmallows, sliced bananas and mandarin oranges. Pour gelatin mixture into an angel food cake pan and let set up. Invert pan to remove gelatin mold. Slice the mold horizontally into about 5 layers. Slice the layers in half and arrange on a platter in semi-circles to look like intestines. Gross!

7. Spooky Healthy Eyeballs

This Halloween party snack is both easy and healthy. Wash a bunch of green grapes. Insert a raisin into the stem end of the grapes and freeze them all until ready to serve.

8. Monster Crackers

Color some white vegetable spread or cream cheese with green food coloring and spread on your favorite crackers. Arrange small bits of green and red bell peppers to make a green-eyed, red-mouthed cracker monster. Use small amounts of broccoli sprouts to make the monster hair. A sneaky way to get kids eating their veggies.

9. Wormy Halloween Punch Recipe

No respectable Halloween party snack list would do with out having this squeamish punch. Just make green Kool-Aid and put in a clear glass punch bowl. Set the punch bowl on top of a glow necklace so the light shines through the punch bowl. Add some gummy worms and watch the kids squirm when they see it.

10. Vampire Blood

You use V8 juice for this one so it is healthier than the wormy punch above. Pour the V8 juice in a clear picture that you have labeled as "Vampire Blood." For an adult party, add the ingredients for a bloody Mary, if you like. For a kids' party, well... good luck getting them to try it. It is V8, after all!

Ten Fun and Creepy Halloween Party Snacks

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