Innovators and the law

Jimmer and Jeremy try to make their (trade) marks

Recent actions by famous athletes, such as Jimmer Fredette and Jeremy Lin, to protect the market potential of their names were called to my attention by business associates who wanted to know what they could do to protect their name or nickname. The simple answer would be to seek a trademark, as Fredette and Lin have done, but dealing with personal names complicates the issue.

Over the last several years the United States Patent and Trademark Office has developed an attractive, user-friendly website (www.uspto.gov) containing an abundance of information about patents and trademarks.

Utilizing that website, I learned that Fredette filed an application on March 31, 2011, for use of the word "Jimmer" on posters, footwear, apparel and plastic toy figures.

Patent law in the United States continues to evolve

Patents have existed throughout the history of the United States because of their value. In Colonial America, inventions were safeguarded by the governing bodies of the colonies.

After independence but before the adoption of the Constitution, the protection of inventions was handled by the states.

Are your intellectual, intangible creations worth protecting?

Almost everyone diligently strives to protect their tangible property -- be that a home, a cherished automobile, a wedding ring or an almost limitless number of other objects. Whether the value of such property is sentimental, financial or both, the property is important to us.

A desire to maintain ownership of even intangible works we create seems inherent when we are in school. We desire credit for what we have accomplished academically, usually receiving that recognition in the form of praise or good grades. In a professional sense, inventors, novelists, playwrights, composers, musicians, actors and computer programmers, to name just a few, want to safeguard the ownership of their tangible and intangible property and to receive the rewards produced by the commercial use of such property.

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