Trademarks, Copyrights, Patents, & Trade Secrets—What's the Difference?

In this episode, Jason talks about the basic differences between trademark, copyright, patent, and trade secret.

As always, you can schedule a call through Calendly, peruse past episodes, check out the Keith Law website, or contact me through my LinkedIn profile.

EPISODE-SPECIFIC LINKS:

• Supplementary materials (i.e., the related blog post)
• Ep001—Practical Trademark Protection
• Ep010—What is a Trade Secret, and Why Should I Care?
• Ep011—The Trade Secret Misappropriation Cause of Action.
• Ep012—Maintaining Your Registered Trademark with the USPTO
• Ep014—Trade Secret Misappropriation in the Context of McDonald’s Ice Cream Machine Drama
• Ep017—Forming an Entity Does Not Protect Your Trademark
• Ep018—Trade Secret Protection in the Absence of a Confidentiality Agreement with Employees

TIMESTAMPS:

00:00 — Overview of the basic differences between trademark, copyright, patent, and trade secret.

01:08 — Intro

01:32 — TRADEMARK—distinguishing the source of goods and services and avoiding consumer confusion.

02:19 — Generic terms are unprotectible

02:33 — Common law rights

02:38 — Registering with the USPTO gives rise to statutory rights.

02:43 — Duration of registration is unlimited, so long as use continues and registration is properly maintained.

03:05 — Tradenames are not automatically trademarks.

04:28 — COPYRIGHT

04:38 — "Author"

04:50 — "Writings"

05:21 — Scope of copyright has expanded over time and now extends to eight categories: (1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; (7) sound recordings; and (8) architectural works.

06:07 — Not names, logos, and slogans.

06:23 — Life of the author plus 50 years.

06:33 — PATENTS

07:03 — Duration: 20 years from filing the application for utility patents; 15 years for design patents.

07:18 — Public policy behind protecting patents.

07:37 — TRADE SECRETS

08:08 — Under Texas law, a trade secret is (1) a secret; (2) used by a business; that (3) gives the business a competitive advantage over those who don't know or use it.

08:35 — Comparing trade secrets to patents.

09:33 — Takeaways from this episode.

10:20 — Subscribe, check the show notes, and email or schedule a call with your questions.

10:54 — Outro

DISCLAIMER: This audio and blog post are for informational purposes only and should not be misinterpreted as legal or other professional advice. If you have a legal question, you should consult with an attorney in your jurisdiction. Thank you for tuning in to Keith Law, PLLC.