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56 Your Idea, Inc.

Do I Need a Patent, Trademark, or Copyright Protection?

Patents, trademarks, and copyrights each cover a distinct aspect of
"property" protection. Many people (understandably) confuse the
three. Let's start with a quick multiple-choice quiz using some basic
examples to test your level of knowledge on the differences.

Pop Quiz
1. You design a piece of artwork that you want to print on

T-shirts. To protect the artwork do you need to apply for a
trademark, copyright, and/or patent?
2 . You name your new company Mary's Marvelous Cookies.
To protect the name should you apply for a patent, copy­
right, or trademark?
3. You invent the perfect new tool to use in place of the standard
"whatever" tool that's on the market. To protect your new
tool, should you apply for a patent, trademark, or copyright?

Short Answers
1. Copyright and/or trademark (see, it can be complicated!)
2 . Trademark
3. Patent

As you can see, the answers may not be as cut-and-dried as you
think. These complications make it essential to see an IP a ttorney in
the beginning stages for some education and direction.

Trade secrets, while not registered the same way as patents,
. tra,d..,m""rkll and copyrights, are still protected by law. In
2006, three people were arrested for allegedly selling trade

secret information of Coca-Cola to PepsiCo. for $' .5 million.
The FBI conducted an undercover sting, which led to the

arrests of these three people, one ofwhom was a Coca-Cola
employee. "Information is the lifeblood of a company," said
Coca-Cola CEO Neville Isdell.