Comments on: Who Is Afraid Of The Big Bad Lawyer? http://momblebee.com/blog/2010/01/25/who-is-afraid-of-the-big-bad-lawyer/ Just another WordPress weblog Sun, 05 Sep 2010 22:56:35 -0700 http://wordpress.org/?v=2.8.5 hourly 1 By: Cheryl Andonian aka Momblebee http://momblebee.com/blog/2010/01/25/who-is-afraid-of-the-big-bad-lawyer/comment-page-1/#comment-387 Cheryl Andonian aka Momblebee Wed, 27 Jan 2010 22:18:19 +0000 http://momblebee.com/blog/?p=581#comment-387 Jeff, Good point. I know in my previous business, we filed for international protection in numerous countries - the ones in which we had arranged to distribute our product. Once you start going global, and especially if you have manufacturing in China (a prime place where many of the knockoffs in the world originate) you better make darn sure you own your IP there or else you will find your product being produced and distributed by someone else, cutting you completely out of the equation. Thanks for adding your insight. Cheryl Jeff,
Good point. I know in my previous business, we filed for international protection in numerous countries – the ones in which we had arranged to distribute our product. Once you start going global, and especially if you have manufacturing in China (a prime place where many of the knockoffs in the world originate) you better make darn sure you own your IP there or else you will find your product being produced and distributed by someone else, cutting you completely out of the equation. Thanks for adding your insight.
Cheryl

]]> By: Jeff Davidson http://momblebee.com/blog/2010/01/25/who-is-afraid-of-the-big-bad-lawyer/comment-page-1/#comment-386 Jeff Davidson Wed, 27 Jan 2010 21:47:20 +0000 http://momblebee.com/blog/?p=581#comment-386 As one of those rapacious IP attorneys myself, I can tell you that you've done your readers a real service with this article, Cheryl. I heartily second all of the points you've made here. I might add that if your business is (or is expected to become) international, don't miss the boat on locking down your intellectual property in the countries where you do or likely will do business. More than one "foreign sales rep candidate" has left the initial meeting and headed straight for the country's trademark office to register the brand owner's mark in his/her own name. Some countries follow the "first to file" rule, awarding ownership to the first applicant regardless of whether another party developed and used the mark elsewhere. Even in countries that will cancel IP registrations that demonstrably were obtained in bad faith, it's usually a lengthy and costly process to make that happen. Obviously, it also puts the true brand owner at a disadvantage in dealing with the rogue rep. Why take chances? Consult with your IP attorney early and often. :) Jeff Davidson As one of those rapacious IP attorneys myself, I can tell you that you’ve done your readers a real service with this article, Cheryl. I heartily second all of the points you’ve made here.

I might add that if your business is (or is expected to become) international, don’t miss the boat on locking down your intellectual property in the countries where you do or likely will do business. More than one “foreign sales rep candidate” has left the initial meeting and headed straight for the country’s trademark office to register the brand owner’s mark in his/her own name.

Some countries follow the “first to file” rule, awarding ownership to the first applicant regardless of whether another party developed and used the mark elsewhere. Even in countries that will cancel IP registrations that demonstrably were obtained in bad faith, it’s usually a lengthy and costly process to make that happen. Obviously, it also puts the true brand owner at a disadvantage in dealing with the rogue rep.

Why take chances? Consult with your IP attorney early and often. :)

Jeff Davidson

]]> By: Cheryl Andonian aka Momblebee http://momblebee.com/blog/2010/01/25/who-is-afraid-of-the-big-bad-lawyer/comment-page-1/#comment-385 Cheryl Andonian aka Momblebee Wed, 27 Jan 2010 18:17:14 +0000 http://momblebee.com/blog/?p=581#comment-385 Hi Victoria, An IP attorney, I am not, but I can certainly recommend someone if you are in need of legal advice. Thanks for stopping by. Cheryl Hi Victoria,
An IP attorney, I am not, but I can certainly recommend someone if you are in need of legal advice. Thanks for stopping by.
Cheryl

]]> By: Victoria http://momblebee.com/blog/2010/01/25/who-is-afraid-of-the-big-bad-lawyer/comment-page-1/#comment-384 Victoria Wed, 27 Jan 2010 18:13:06 +0000 http://momblebee.com/blog/?p=581#comment-384 This is a GREAT post! I might have to ask you some questions about IP protection! :) This is a GREAT post! I might have to ask you some questions about IP protection! :)

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