Unicorn is a SiliconValley - developed term used to describe a startup with a valuation exceeding $1 billion. A resent research has shown that over 60% of US Unicorns have fallen behind in securing a strong IP position. Partially this can be explained with the fact that 65% of Unicorns are software companies that are … Continue reading Are UNICORNS too cool for PATENTS?
Published by Sofia Malysheva
It’s a common practice for companies with valuable trademark portfolios to implement a holding-operating company stricture in order to protect their assets and minimize tax liabilities.
The structure consists of an IP HOLDING company and one or multiple OPERATING companies.
While operating companies actively engage in a variety of business activities (dealing with clients, suppliers and employees), the sole purpose of the holding copay is to control and shield intellectual property assets.
There is a number of variations and specifications of this structure (serving a variety of different purposes), however, in general, the simplified structure can be visualized as shown on the picture below:
One of the strategy variations involves establishing an IP holding company subsidiary in a lower-tax state.
The business transfers ownership of its marks to the IP holding company, which then licenses the marks back to the business in exchange for royalty payments. The payments…
View original post 310 more words
LIKELIHOOD-OF-CONFUSION: the principal concept of #trademark law. In a competitive market overloaded with tones of businesses producing exactly the same stuff it's easy for a consumer to get really goddamn confused. Trademark are meant to differentiate one source of goods (or services) from another source of alike goods. And indeed we gonna talk about how … Continue reading LIKELIHOOD-OF-CONFUSION
MANAGING RISKS is a part of doing business. Companies utilizing the IP HOLDING subsidiary structure need to KNOW HOW to manage two main risks: 1. losing TRADEMARK PROTECTION, 2. being challenged by TAX AUTHORITIES. Trademark law requires that the trademark owner exercise control of the quality of the goods or services for which the trademark … Continue reading MANAGING RISKS is a part of doing business. Companies utilizing the IP HOLDING subsidiary structure need to KNOW HOW to manage two main risks….
Speaking of #IP #HOLDING Companies... One of the #strategy variations involves establishing an IP holding company subsidiary in a state with low state income tax rates on corporations. The #business transfers ownership of its trademarks for a low purchase price to the IP holding company which then licenses the #trademarks back to the business in exchange for … Continue reading Speaking of IP HOLDING Companies…
$$ TIP! Restaurants and Coffee Shops can INCREASE their REVENUE and ROI by extending their IP portfolio to additional goods and services. For example, STARBUCKS IP (trademark) portfolio covers not only coffee, tea and related services but also Shirts and other apparel; publications and printed materials featuring news about coffee; Sound equipment in retail stores; … Continue reading $ TIP! for Restaurants and Coffee Shops
In Lancôme’s TRÉSOR case the Dutch High Court ruled that the smell of a perfume may, in principle, be copyrightable. In most jurisdictions, however, smells are not granted copyright protection because of their intangible nature. In the U.S. perfume companies protect their fragrances as TradeSecrets or Patents
Smell is one of the most potent types of human memory, and businesses show increasing interest in pairing pleasant scents with their products. To obtain registration of a ScentMark applicants must be able to visually represent the product’s scent and must show it is distinctive from the product itself. Any written description of a smell … Continue reading The SCENT-OF-WOMAN …. can it be protected?
Restaurant owners should use their intellectual property to develop successful brands and eliminate their competitors. The list of protectable IP assets may include: Brand name/ logo; distinctive interior decor; recipes and cookbooks; signature dishes on the menu; custom kitchen equipment; merchandising. Restaurant owners are advised to plan their IP game ahead 😉😈
TRADE--DRESS 💃🏼 - another often overlooked intellectual property right. TD is a product's overall appearance and may include size, shape, color combination, texture and even certain sales technics. For a service, it may be decor or environment in which a service is provided (for example, the distinctive decor of the Hard Rock Cafe). P.S. The … Continue reading TRADE DRESS 💃🏼