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discussed public law, the laws that govern the relationship between citizens and/or companies and the state.
Deena Layne, Deputy Attorney General of the Idaho Department of Health and Welfare for the Office of the Attorney General, reviewed the Idaho Child Protective Act. She covered the timeline from when a child is removed from the home to the permanency hearing which determines the plan for children that are removed from their home.
Following lunch, Brad Andrews, General Counsel to the Board of Commissioners and Chief Disciplinary Counsel for the Idaho State Bar, discussed common complaints made regarding attorneys to the State Bar for disciplinary action.
The seminar ended with Brad Frazer, Of Counsel for Hawley Troxell. Mr. Frazer gave the group
The Spring Seminar provided attendees with a wealth of information and an opportunity to network with other paralegal professionals. I led a networking session so attendees could interact and share ideas with their colleagues. Discussion topics surrounded the effects the economy has had on our profession.
We had four outstanding speakers who discussed topics relevant to paralegals. First, Kay Christensen, Division Chief, Contracts and Administrative Law Division for the Office of the Attorney General, began the seminar with information about paralegals in government practice. Ms. Christensen provided attendees information about Administrative Law, the law that governs the activities of administrative and executive agencies of government. She also
In this issue...
News From Around the Nation 4
Intellectual Property 101 6
Trademarks vs. Service Marks: What’s the Difference? 14
Current CLE Opportunities 17
June 2009 Idaho Association of Paralegals, Inc. www.idahoparalegals.org
“IAP NETWORK” is
published bi-
monthly by the
Idaho Association
of Paralegals,
Inc. and is
provided as a
service to all
members . Non-
members
interested in
subscriptions
should
contact Bernice
Myles.
Articles and
submissions are
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Opinions expressed
in this publication
are those of the
authors and do not
n e c e s s a r i l y
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opinions of the
Association or its
members.
Idaho Association of Paralegals, Inc.
P.O. Box 1254 Boise, Idaho 83701
President’s MessagePresident’s Message Lauren PaulLauren Paul
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IAP Network June 2009
BOARD MEMBERS 2008-2009
Lauren Paul, President [email protected] 208-386-5030 Ramona Banjac VP of Policy & Public Affairs [email protected] 208-368-1167 Renea Ridgeway, VP of Education [email protected] 208-287-4814 Lori Peel, VP Membership [email protected] 208-334-4157 Annette Bottaro-Walklet, Secretary [email protected] 208-386-5029 Kathryn Brandt, Treasurer [email protected] 208-336-6766 Maryann Duncan, National Affairs Representative [email protected] 208-855-2200 Bernice Myles, Board Advisor [email protected] 208-334-4520 IAP Board meetings are held monthly and are open to all
members. The Board welcomes your comments, ideas and suggestions. Please call any of us at the above
phone numbers.
an interactive introduction to copyright law. He provided the group with a definition of a copyright, information about copyright ownership, registration, and how copyright law has evolved with use of the internet.
I would like to take this opportunity to thank our fabulous speakers for their time and expertise. They truly shared a wealth of knowledge with attendees. Additionally, I’d like to thank Renea Ridgeway, Vice President of Education, for all her hard work in organizing and planning the Seminar. It’s a big job and we are truly grateful for her time. Also, thank you to Lisa Hoag, Bernice Myles, Kathryn Brandt, and Annette Bottaro-Walklet for their help in making the Spring Seminar a success!
If you were unable to attend the Spring Seminar, we hope you can attend in the Fall…but for now, enjoy your summer!
IAP regularly emails job opportunity announcements to IAP members. For additional job opportunities,
check the Idaho State Bar’s website at www2.state.id.us/isb/job_announce/
announcements.cfm
President’s Message ‐ cont’d.
Intellectual property has the
shelf life of a banana.
~ Bill Gates
3
IDAHO LEGAL STAFFING, LLCIDAHO LEGAL STAFFING, LLC
Now accepting applications and resumes from paralegals seeking part-time or full-time
employment with Treasure Valley law firms and other organizations.
Contact Merrily Munther at (208) 724-3838
or MaryLou Brewton-Belveal at (208)344-4566.
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IAP Network June 2009
According to an article written by Chere Estren, Four Trends Will Change the Face of the Paralegal Profession, Chere states there are four trends that are reshaping the paralegal field: social and business networks, offshoring legal duties, government regulation, and electronic discovery.
We are all familiar with the social and business networking sites such as Facebook, My Space, and Linked In. While social and business networking helps you stay connected and learn about possible employment opportunities, employers are also using these sites to learn more about potential employees. Therefore, Chere cautions paralegals to only put information on these sites that they want made public and a possible employer to know.
Outsourcing has been a major player in several professions for many years. We are now seeing this trend in the legal profession as more and more companies are demanding legal work at lower rates. Companies such as DuPont, Cisco, and Morgan Stanley are
News From Around the NationNews From Around the NationNews From Around the Nation By Maryann Duncan, National Affairs RepresentativeBy Maryann Duncan, National Affairs RepresentativeBy Maryann Duncan, National Affairs Representative
outsourcing legal work to India. According to Chere, for paralegals to protect themselves from the pitfalls of outsourcing, we need to leverage our knowledge, skills, and technical abilities and aim for higher level assignments.
Thanks to unscrupulous business activities and regulations such as the Sarbanes-Oxley Act with onerous reporting requirements, paralegals are seeing growth opportunities in the area of government compliance. While most paralegal programs don’t focus on government compliance, Chere predicts that paralegals with experience in this area will find exiting and well paid opportunities in the area of government compliance.
Lastly, electronic discovery is opening opportunities for paralegals with the position of e-discovery manager. The e-discovery manager’s duties are to reduce costs by managing vendor selection and proactively preparing the company for handling e-discovery during litigation.
To read the entire article go to: http://www.thecompletelawyer.com/legal-law-firm-support-staff/paralegals/four-trends-will-change-the-face-of-the-paralegal-profession-4059.html.
“Intellectual property is the oil of the 21st Century.”
~ Mark Getty
5
2009 Legislative Summary2009 Legislative Summary Submitted By Bernice Myles, ParalegalSubmitted By Bernice Myles, Paralegal
Contracts & Administrative Law Division, Contracts & Administrative Law Division, Office of the Attorney GeneralOffice of the Attorney General
The 2009 Idaho Legislature adjourned on May 8, 2009, after 117 days, one day short of the longest session on record. Out of 933 pieces of proposed legislation, 624 bills were introduced with 338 bills becoming law. Following are summaries, from the Legislature’s Sine Die Report, of a few of the major issues of interest: House Bill No. 60 grants prosecuting attorneys and the Attorney General a limited power to issue administrative subpoenas to providers of electronic communication services and remote computing services in the investigative phase of crimes committed against children through the use of the Internet or other electronic communication services. House Bill No. 103 requires court review of financial documents prepared by conservators on behalf of disabled persons. House Bill No. 104 allows the district court in each county to establish a Domestic Violence Court which serves to hold offenders accountable, provides victim safety and ongoing judicial monitoring, and coordinates information in an effort to provide effective interaction and use of resources among courts, judicial system personnel and community agencies. House Bill No. 192 creates the Idaho Health Carrier External Review Act which provides persons covered by health insurance plans a right to an independent review of a health carrier’s decision to deny an insured’s claim on the grounds that the service is not medically necessary or is investigational. House Bill No. 194aaS provides a limitation of
liability for sport shooting range operators, sponsors, officials and instructors for injuries to participants engaged in sport shooting activities. House Bill No. 240aa gives all depredation claims the same priority, regardless if they are claims pertaining to damage to crops, livestock or forage. Senate Bill No. 1106 allows courts to order restitution upon a conviction for driving under the
influence to reimburse law enforcement agencies for costs associated with withdrawing blood samples, performing laboratory analysis, preserving evidence and presenting blood analysis testimony during judicial proceedings. Senate Bill No. 1142 revises the Idaho Open Meeting Law to amend provisions relating to notice requirements, written minutes, executive sessions and violations. Senate Bill No. 1050 exempts a
statutorily defined medical savings account from attachment and execution in satisfaction of a judgment in a civil action. Senate Bill No. 1110aaH augments the types of documents people may use to verify lawful presence in the United States in order to receive public benefits. Additional summaries of action on major issues and an in-depth summary of the session can be found in the Idaho Legislature’s Sine Die Report at http://www.legislature.idaho.gov/sessioninfo/2009/sinedie.pdf. Committee minutes for the 2009 session, and for sessions going back to 2003, can be searched on line at http://www.legislature.idaho.gov/.
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IAP Network June 2009
AUTHOR [copyright] -- Either the real person who creates a copyrightable work or the employer, corporate or individual, of a person who creates a copyrightable work within the scope of employment, or in some circumstances, the commissioning party of certain specified types of works. "Author" in copyright law includes not only writers of novels, plays, and treatises, but also those who create computer programs, arrange data in reference books, choreograph dances, take photographs, sculpt stone, paint murals, write songs, record sounds and translate books from one language to another.
COPYRIGHT [copyright] -- An exclusive right granted or conferred by the government on the creator of a work to exclude others from reproducing it, adapting it, distributing it to the public, performing it in public, or displaying it in public. Copyright does not protect an abstract idea; it protects only the concrete form of expression in a work. To be valid, a copyrighted work must have originality and possess a modicum of creativity.
COUNTERFEITING [trademark] -- The act of producing or selling a product
containing a sham mark that is an intentional and calculated reproduction of the genuine mark. A "counterfeit mark" is identical to or substantially indistinguishable from the genuine mark. Often, counterfeit goods are made to imitate a popular product in all details of construction and appearance so as to deceive customers into thinking they are purchasing the genuine merchandise.
CYBERSQUATTING [trademark] -- "Cybersquatting" and "cyberpiracy" are synonymous terms that refer to the same type of unfair competition for Web sites. The
typical "cybersquatter" is one who knowingly reserves with a registrar a domain name consisting of the trademark or name of a company for the purpose of selling the right to
that domain name back to the legitimate owner.
DESIGN PATENT [patent] -- A government grant of exclusive rights in a novel, nonobvious and ornamental industrial design. A design patent confers the right to exclude others from making, using or selling designs that closely resemble the patented design. A design patent covers
ornamental aspects of a design; its functional aspects are covered by a utility patent. A design patent and a utility patent can cover different aspects of the same article, such as an automobile or a table lamp.
DILUTION [trademark] -- A type of violation of a strong trademark in which the defendant's use, while not causing likelihood of confusion, blurs the distinctiveness or tarnishes the image of the plaintiff's mark. To possess the selling power and recognition protected by the anti-dilution statutes, the mark must be relatively strong and famous.
DOMAIN NAME [trademark] -- The names and words that companies designate for their registered Internet Web site addresses, also referred to as a "URL." For example: www.coca-cola.com is a domain name identifying the site of the Coca-Cola Company. Technologically, each domain name is unique and cannot be shared. Domain names are registered on a first-come, first-served basis.
FAIR USE [copyright-trademark] -- A defense to a charge of copyright or trademark infringement. For copyrights, U.S. courts consider four factors in determining if a fair use defense exists: the purpose and character of the disputed use; the nature of the
Intellectual Property 101Intellectual Property 101Intellectual Property 101 https://www.america.govhttps://www.america.govhttps://www.america.gov
Submitted By Lauren Paul, ParalegalSubmitted By Lauren Paul, ParalegalSubmitted By Lauren Paul, Paralegal Washington Division of URS CorporationWashington Division of URS CorporationWashington Division of URS Corporation
7
copyrighted work; the importance of the portion used in relation to the work as a whole; and the effect of the use on the potential market for or value of the copyrighted work. For trademarks, the secondary user must show that he or she is not using a descriptive, geographically descriptive, or personal name mark in a trademark sense but only to describe his or her goods or services or their geographic origin, or to name the person running the business.
INFRINGEMENT [general intellectual property] -- A violation of one of the exclusive rights of intellectual property. Infringement of a utility patent involves the making, using, selling, offering to sell or importing of a patented product or process without permission. Infringement of a design patent involves fabrication of a design that, to the ordinary person, is substantially the same as an existing design, where the resemblance is intended to induce an individual to purchase one thing supposing it to be another. Infringement of a trademark consists of the unauthorized use or imitation of a mark that is the property of another to deceive, confuse or mislead others. Infringement of a copyright involves reproducing, adapting, distributing, performing in public or displaying in public the copyrighted work of someone else.
INTELLECTUAL PROPERTY [patent-trademark-unfair competition-copyright-
trade secret-moral rights] -- Certain creations of the human mind that have commercial value and are given the legal aspects of a property right. "Intellectual property" is an all-encompassing term now used widely to designate as a group all of the following fields of law: patent, trademark, unfair competition, copyright, trade secret, moral rights and the right of publicity.
INVENTION [patent] -- The human creation of a new technical idea and the physical means to accomplish or embody the idea.
KNOCK-OFF [patent-trademark-copyright] -- An identical copy of a work or product protected by patent, trademark, trade dress, copyright. When used as a verb, the act of producing such a copy.
NOVELTY [patent] -- One of the three conditions that an invention must meet to be patentable. Novelty is present if every element of the claimed invention is not disclosed in a single piece of prior art.
PATENT [patent] -- In the United States, a grant by the federal government to an inventor of the right to exclude others from making, using, or selling the invention. There are three very different kinds of patents in the United States: a utility patent on the functional aspects of products and
processes; a design patent on the ornamental design of useful objects; and a plant patent on a new variety of living plant. Patents do not protect "ideas," only structures and methods that apply technological concepts. In return for receiving the right to exclude others from a precisely defined scope of technology,
industrial design, or plant variety, which is the gist of a patent, the inventor must disclose fully the details of the invention to the public. This will enable others to understand the invention and enable them to use it as a steppingstone to further develop the
technology. Once the patent expires, the public is entitled to make and use the invention and is entitled to a full and complete disclosure of how to do so.
PRIOR ART [patent] -- The existing body of technological information against which an invention is judged to determine if it can be patented as being a novel and nonobvious invention.
REVERSE ENGINEERING [trade secret-copyright] -- A method of obtaining technical information by starting with a publicly available product and determining what it is made of, what makes it work or how it was produced. The engineering effort goes in the reverse direction of usual engineering efforts, which start with technical data and use it to
Intellectual Property cont’d.Intellectual Property cont’d.Intellectual Property cont’d.
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IAP Network June 2009
produce a product. If the product or other material that is the subject of the reverse engineering was obtained properly, the process of reverse engineering is not infringement of any trade secrets in the data embodied in a product and it is legitimate and legal competitive behavior.
SERVICE MARK [trademark] -- A word, slogan, design, picture or any other symbol used to identify and distinguish services (retail sales services, airlines services, insurance, investment services and the like) as opposed to a product.
TRADE DRESS [trademark] -- The totality of elements in which a product or service is packaged or presented, such as the shape and appearance of a product or container or the cover of a book or magazine. These elements combine to create a visual image presented to customers and are capable of acquiring exclusive legal rights as a type of trademark or identifying symbol of origin.
TRADEMARK [trademark] -- (1) A word, slogan, design, picture, or any other symbol used to identify and distinguish goods. (2) Any identifying symbol, including a word, design, or shape of a product or container, that qualifies for legal status as a trademark, service mark, collective mark, certification mark, trade name or trade dress. Trademarks identify one seller's goods and distinguish them from goods sold by others. They signify that all goods bearing the mark come from or are controlled
by a single source and are of an equal level of quality. A trademark is infringed by another if the second use causes confusion of source, affiliation, connection or sponsorship.
TRADE SECRET (trade secret] -- Business information that is the subject of reasonable efforts to preserve confidentiality and has value because it is not generally known in the trade. Such confidential information will be protected against those who obtain access through improper methods or by a breach of confidence. Infringement of a trade secret is a type of unfair competition.
UNFAIR COMPETITION [general intellectual property] -- Commercial conduct that the law views as unjust. A person injured by an act of unfair competition is entitled to relief in a civil action against the perpetrator of the act. Trademark infringement long has been considered unfair competition. Other legal categories recognized as being types of unfair competition are false advertising, product disparagement/trade libel, infringement of a trade secret, infringement of the right of publicity and misappropriation.
WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO) [international] -- One of the 16 "specialized agencies" of the United Nations system. WIPO, located in Geneva, was created in 1967 and is responsible for
the promotion of intellectual property protection throughout the world. WIPO fulfills this responsibility by promoting cooperation among nations in intellectual property matters, administering various "unions" and other treaty organizations founded on multilateral treaties and creating model laws for adoption by developing nations.
WORLD TRADE ORGANIZATION (WTO) [international] -- WTO is the only global international organization dealing with the rules of trade among nations. Located in Geneva, it was created at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) negotiations in December 1993 to oversee the operation of GATT. The WTO entered into force with respect to the United States on January 1, 1995. The WTO often plays much the same role in world financial and economic affairs as the United Nations does in political affairs. Activities of the WTO include: administering trade agreements; acting as a forum for trade negotiations; settling trade disputes; reviewing national trade policies; assisting developing countries in trade policy issues through technical assistance and training programs; and cooperating with other international organizations. One hundred forty-eight nations are members of the WTO (as of June 2005), accounting for more than 97 percent of world trade.
Intellectual Property cont’d.Intellectual Property cont’d.Intellectual Property cont’d.
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Domains, Assets in Cyberspace By Annette Bottaro-Walklet, Paralegal
Washington Division of URS Corporation
While patents, trademarks, service marks, copyrights, or trade secrets tend to be the first areas that we think of when considering various kinds of intellectual property, one area that gets less attention is that of registered domain names. Companies and individuals who give short shrift to this valuable intangible asset do so at their peril.
A visit to the U.S. Patent and Trademark Office’s website will not provide a direct means to register a domain name nor instructions on how to register, and domain registrars that do register domain names have silly names like ‘godaddy,’ so one may conclude a domain name is not really a valuable type of intellectual property. Silicon Labs (NASDAQ: SLAB) may beg to differ. A billion dollar company, it lost a key domain name siliconlabs.com late last year when it failed to renew the domain name’s registration and the lapsed domain was purchased by an unrelated party.
Domain names are registered with and administered by accredited domain name registrars, not by the USPTO. Despite the fact that domain names are not administered under the auspices of the USPTO or another single world-wide registering body, they nevertheless are more than ever a critical link to a company and arguably may have even more value than some trademarks. A domain name acts as a high-profile cyber-space address that connects individuals to companies and organizations across the world wide web, and identifies not only the source of the goods, services, business, or information, but also the virtual location of the source, much as a telephone number or office address does. In today’s world, not having a website may cause your organization to appear to lack any legitimacy whatsoever, and you can’t have a website without a domain name.
Companies and individuals who take a proactive approach to managing domain names will greatly increase the protection of their presence on the Internet, warding off potential misuse of trademarks, disruption of product distribution, and damage to identity and goodwill. Prior to registering a domain name or building a portfolio of domain names, there are numerous aspects to consider. Following is a small sampling:
• Management of domain names should be coordinated between a company’s Legal department and its Information Technology (IT) department. Designate a point person in each of the two departments to develop a plan for registering new domain names, renewing existing domain names, buying domain names, and so forth. Establish a company policy that requires all employees to abide by a domain registration procedure.
• When a domain name is registered with a domain name registrar, the process involves providing certain identifying information about the owner, including email addresses for future contact. Do not allow an employee of the company to provide their personal or work email address nor the registrar’s email address. Instead, two or three generic email addresses should be created and provided, such as [email protected], [email protected], or [email protected], which are set up prior to registration to redirect to the current, appropriate point person’s email address. Providing that the redirect is monitored as employees come and go, this method increases the odds of seeing critical notices from the registrar and can help avert missed renewals and technical matters.
• Be careful about monitoring who has passwords and log-in details for the domain name account held with the registrar.
• Choose a simple, easy to remember domain name, but resist being persuaded by the IT crowd to shorten it when a fuller version would be more memorable. Silicon Labs uses silabs.com as its primary domain name, but wouldn’t siliconlabs.com be better? Especially after the National Arbitration Forum awarded the domain name back to the company in early April. (See http://domains.adrforum.com/domains/decisions/1249999.htm). On the other hand, a very long domain name increases the likelihood of it being mistyped in a browser.
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IAP Network June 2009
Domains - cont’d.
• Incorporate domain names into a branding strategy. For almost any business, creating and maintaining a brand identity is a fundamental priority, but often the selection of domain names and registering them is an afterthought left to the IT team. Coordinating a branding strategy with a smart selection of domain names will allow one to build on the other.
• Plan as early as possible for domain names. Many of the best .com domain names are long gone, so it is not safe to assume that your preferred domain name is available, nor that you could obtain it easily from the party to whom it may already be registered.
• Choose a registrar based on their reputation and their offerings, not solely on their price. A registrar that charges only $7 a year to renew a domain name may look good but when problems arise, you may have difficulty finding someone on the other end of the phone.
• Be vigilant about renewal due dates. Be vigilant about renewal dates. Be vigilant about renewal dates.
• Register trademarks as domain names. For instance, larger companies should establish not only their primary domain name associated with their name – Johnson & Johnson is jnj.com – but also domains associated with their product lines, such as aveeno.com. Additionally companies should consider registering similar variations as domain names. This is probably one of the most proactive steps a company can take. Otherwise, they lose one method to prevent their intellectual property rights from being ‘squatted’ on by ‘cybersquatters.’
• Register domain names as trademarks. Under specific circumstances, the USPTO will allow this and provides specific procedures as to how such applications are handled. Basically, the "top level domain" (.com, .net) and the server name (www, usually) are ignored and
the USPTO looks to the rest of the domain for likelihood of confusion with other trademarks. In this way, domains are treated somewhat like trademarks comprised of telephone numbers (where, for example, the "1-800" prefix is ignored).
• Register misspellings of domain names. This minimizes the chances that ‘typesquatters’ will register intentionally misspelled company or brand names and direct traffic away from your site to the typesquatter’s site or even to a competitor’s site, potentially trading on your brands’ good will or even damaging it. Amazon.com is on the ball in this regard, having proactively registered Amazn.com, amzon.com, amizon.com, amazom.com, ammazon.com, wwwamazon.com, and probably several other common typing errors. The additional benefit of this approach is that the rightful owner of these ‘misspellings’ domains can appropriately redirect individuals who have inadvertently mistyped a domain name.
Disputes over domain names occur often. For example, an owner of a trademark may find that someone has registered a domain name which is similar or identical to a registered or common law trademark, or which incorporates a mark into the domain name. How these disputes are handled depends upon trademark law, as well as other procedures and laws such as ICANN's Uniform
Dispute Resolution Policy (UDRP) and the Anti-Cyberpiracy Protection Act. In each case consideration is given to the relative uses of the domain name and the mark it allegedly infringes, the motive of the domain holder and what has been done with the domain, and so forth.
Like any asset, domain name portfolios must be consistently managed across multiple departments and possibly multiple locations around the world. The expiration of even a single domain name registration can have catastrophic consequences for businesses operating in today’s online marketplace and lack of planning can mean missing an opportunity to build a set of valuable cyber-addresses. By establishing and enforcing a policy for managing the portfolio and giving it importance equal to other types of intellectual property, a company or individual will be well on the way to minimizing misuse of trademarks, damage to brands and corporate identity and to customer goodwill.
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IAP Network June 2009
Save the Date! THURSDAY, JULY 16, 2009 BROWN BAG CLE LUNCH FROM 11:45 A.M. TO 1:00 P.M. -- Legislative Research with Kristin Ford, Legislative Librarian. The cost is free and the CLE will be conducted at the Idaho Legislative Reference Library in the Capitol Annex located at 514 West Jefferson Street, 5th Floor, Boise, Idaho (across the street from the Idaho State Bar). We will meet and eat our lunch on the grounds of the old Courthouse at 11:45 and then head up (and I mean UP!) to the Library at noon for a presentation on Legislative Research by Kristin Ford, Legislative Librarian. IAP member participants will receive one CLE credit toward their annual CLE requirement for membership. Contact Renea Ridgeway, Vice President of Education, at [email protected] or at 208-287-4814 to R.S.V.P. Mark your calendars for IAP’s ANNUAL PARALEGAL DAY LUNCHEON scheduled for THURSDAY, SEPTEMBER 10, 2009 FROM 11:30 A.M. TO 1:00 P.M., and the day-long FALL SEMINAR & ANNUAL BUSINESS MEETING scheduled for OCTOBER 16, 2009. Watch your email and upcoming editions of the newsletter for more information and details. The next IVLP NIGHT SESSION is scheduled for WEDNESDAY, JUNE 3, 2009, and will run from approximately 5:30 p.m. to 7:30 p.m. Volunteers will be assisting individuals in filling out divorce, custody, and modification forms on-line, or conducting telephonic interviews/investigations. IAP members will receive one CLE credit toward their annual CLE requirement for IAP membership. The IVLP will provide pizza and there will also be a drawing for two free movie tickets! Contact Ramona Banjac, Vice President of Policy and Public Affairs, at [email protected] or at 208-368-1167 for details and to volunteer. An IAP BOARD MEETING is scheduled for noon on THURSDAY, JUNE 4, and will be held at the offices of the Washington Division of URS Corporation, 720 Park Blvd., Boise, Idaho. For further information, contact Lauren Paul, President, at [email protected] or at 208-386-5030.
Upcoming CLEs, Meetings & Events Membership NewsMembership News
By Lori Peel, Vice President of Membership
At the May 7, 2009, Board meeting, the Board approved Deanna Tollefson as an Active member. Deanna received her BA from Boise State University in May 2009 and has 13 years’ paralegal experience. Deanna is currently employed as a paralegal at OfficeMax. The Board also approved Lisa Warren as an Active Status Pending member. Lisa received her BS from Boise State University in 1996 and received her Paralegal Studies certificate from BSU in 2002. Lisa also has 13 years’ paralegal experience, and she is currently living in Georgia. Finally, the Board approved Colleen Kohler as a Student member at the May 7, 2009, meeting. Colleen is a student in the BSU Paralegal Studies program and is expected to graduate in 2010. We welcome Deanna, Lisa, and Colleen as new members and hope that they have the opportunity to take advantage of CLEs offered by IAP. IAP now has 63 members: 55 Active members, 2 Active Status Pending members, 4 Students, 1 Retired member, and 1 Supporting member. All Active and Active Status Pending members, please remember that you need to obtain at least six hours of continuing legal education each year (unless your hours are prorated because you joined after the start of the fiscal year). If you have attended non-IAP-sponsored CLEs, please remember to fill out the CLE form that can be found on the IAP website (www.idahoparalegals.org) prior to submitting the CLE materials to IAP for credit. You can e-mail your completed CLE information to me at any time during the year ([email protected]). Finally, please remember to let me know if you have a change of address, e-mail address, job, or telephone number to ensure that you continue to receive IAP news and seminar information, as well as job bank notifications.
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IAP Network June 2009
Trademarks vs. Service Marks What’s the Difference?
By Lauren Paul, Paralegal Washington Division of URS Corporation
The essential difference between a trademark and service mark is that a trademark promotes goods or products while a service mark promotes services.
The US Patent and Trademark Office’s (USPTO) definition: a trademark "protects words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods." If your name and/or logo appear on the tangible goods that you're selling, you'd be filing for a trademark.
The USPTO's definition: service mark is "a word, name, symbol or device that is to indicate the source of the services and to distinguish them from the services of others." If you're selling services in connection with a name and/or logo, you'd be filing for a service mark.
When discussing either trademarks or service marks, it’s common to use the term “trademark,” even when discussing a service mark because the handling of either is interchangeable by both the USPTO and all 50 Secretary of State Offices.
When a trademark is pending, the symbol TM might be present. TM indicates that a trademark is pending with USPTO or registered state marks. The same goes for a service mark symbol, SM. TM and SM symbols may be used for products or
services intending to pursue registration at the State or Federal level. Use of TM and SM shows others that you claim protection to your name. Without actual or pending registrations, rights are the same as if the TM or SM symbols are not used. When a mark is actually registered, usually after 10-12 months after filing, the ® is used for both trademarks and service marks.
Quiz time! From the examples below, decide whether you would need a trademark or service mark.
Question: You want to register the name “Happy Helpers” for a business that you’re starting where you run errands for
clients for a fee. Answer: Service mark because you’re selling a service in connection with a name and/or logo.
Question: You want to register “Red Fury” on a new type of soda; would you need a trademark or a service mark?
Answer: Trademark because the item is a soda which is a product.
Pretty easy, right?
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IAP Bulletin BoardIAP Bulletin BoardIAP Bulletin Board SHARE YOUR GOOD NEWS – IAP would like to post your achievements and awards, or announcements (e.g., marriage, new baby, new job, etc.) to the IAP Bulletin Board, so please feel free to send information to Bernice Myles at [email protected].
UNSURE WHAT TO DO FOR FUN? - There are a lot of interesting community events you may want to consider taking in this summer, for example: Opera Idaho presents Opera Under the Stars; Savor Idaho is a premier annual wine a food event; Eagle Fun Days; Blue Cruise of Idaho family recreational cycling events; Meridian Dairy Days; Canyon County Fair; and much more! For details, go to http://www.idahopress.com/calendar/events/; http://www.boisechamber.org/cwt/external/wcpages/index.aspx; http://www.meridianchamber.org/; http://www.eaglechamber.com/; http://visitcaldwell.org/caldwellchambercalendar_7.html.
MARK THESE LINKS for quick “intellectual property” reference:
http://en.wikipedia.org/wiki/Intellectual_property http://www.uspto.gov/main/glossary/index.html http://www.ipadvocate.org/assistance/know/terms.cfm http://www.blawg.com/Listing.aspx?CategoriesID=14 http://abajournal.com/blawgs/intellectual+property+law http://abajournal.com/topics/intellectual+property+law http://www.findlaw.com/01topics/23intellectprop/index.html http://www.abanet.org/intelprop/ http://www2.state.id.us/isb/sec/ipl/ipl.htm
MAKE A DIFFERENCE – Consider volunteering for the upcoming IVLP Night session to be held June 3. For further details and to volunteer, see the “Upcoming CLEs, Meetings & Events” section in this newsletter.
EARN CLE CREDITS - IAP will be sponsoring another Brown Bag Lunch CLE on Thursday, July 16. See further details in the “Upcoming CLEs, Meetings & Events” section of this newsletter.
REMEMBER THESE DATES – Display Old Glory on June 14, Flag Day; remember Dad on Father’s Day, June 21; and plan a picnic and set off fireworks to celebrate Independence Day on July 4!
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IAP Network June 2009
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Current CLE Opportunities If you would like additional, detailed information on any of these seminars,
please contact Renea Ridgeway at (208) 287-4814 or [email protected]
Lorman Business Center, Inc. | 715-833-3940
Enforcement of Judgments, Teleconference June 2 & 18
Drafting Trusts in Estate Planning, Teleconference June 17
Curing Title Exceptions, Teleconference June 23
National Business Institute | 715‐835‐8525
Important Initial Considerations in the Auto Jury Case, Teleconference June 2
Digital Forensics and E‐Discovery: An Overview, Teleconference June 3
Trusts 101, Boise, ID June 3
Discovery Problem Solving for Paralegals, Webcast June 3
Nursing Malpractice: A Paralegal’s Guide to How Medical Documentation Impacts the Claim, Teleconference
June 4
Getting Started in Federal Court, Teleconference June 9
Environmental Due Diligence in Real Estate, Teleconference June 9
Preparing for Workers’ Compensation Mediations & Hearings for Paralegals, Webcast June 9
Good Real Estate Closings Gone Bad, Teleconference June 10
Pleading & Motion Drafting Tips for Paralegals, Webcast June 10
A Case Management System that Works for Paralegals & Attorneys: An Attorney’s Perspective & Paralegal’s Guide, Teleconference
June 11
An Introduction to Solar Energy Law, Teleconference June 16
An Overview of Foreclosure Basics for Paralegals, Webcast June 16
Obtaining & Interpreting Medical Records to Prove Your Case, Teleconference June 18
Hot Topics in Elder Law, Teleconference June 18
Enhancing Your Professional Value in an Unstable Economy: A Paralegal’s Guide, Teleconference
June 18
Skip Tracing: Working with a Collection Agency, Teleconference June 19
Countdown to Trial: A Crash Course in Trial Preparation for Paralegals, Webcast June 19
The Paralegal’s Guide to Child Custody & Visitation Rights, Webcast June 23
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IAP Network June 2009
National Business Institute | 715‐835‐8525
The Basics of Civil Practice & Procedure in Personal Injury June 25
Special Issues in Military Divorce, Teleconference June 25
Ethics for Bankruptcy Paralegals, Teleconference June 25
Effective Use of Technology in Litigation, Teleconference June 26
Techniques for Legal Research on the Web, Teleconference June 29
Introduction to Real Estate Contracts, Teleconference June 30
Estate Planning for Pets, Teleconference June 30
The Fundamentals of Legal Research & Analysis for Paralegals, Webcast July 17
The Art of Jury Selection for Paralegals, Teleconference July 23
Business Law: Intellectual Property, Teleconference July 30
Certified Idaho Workers Compensation Specialist Course, Boise, ID June 3‐17
Idaho Industrial Commission | 208‐334‐6000
Current CLE Opportunities If you would like additional, detailed information on any of these seminars,
please contact Renea Ridgeway at (208) 287-4814 or [email protected]
Links to Other CLE Opportunities
www.westleagledcenter.com | www2.state.id.us/isb/cle/upcoming_course.htm | www.nbi‐sems.com
www.halfmoonseminars.com | www.lorman.com | www.ipe‐sems.com | www.estrinlegaled.com
The IAP Board would like to thank our newsletter advertisers,
Bridge City Legal Data One, LLC
Idaho Legal Staffing, LLC Conexion International Media, Inc.— Legal Assistant Today Magazine
Naegeli Reporting Corporation Shepherd Data Services, Inc. Thomson Reuters—Westlaw
Wright Research
for their generous donations to the Spring Seminar!
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Win Movie Tickets!! The second IAP member to email Bernice Myles ([email protected]) with the term defined as “a category of intangible rights protecting commercially valuable products of the human intellect,” will win two free movie tickets! (Only one email per member, please.)
Congratulations to TONI ORTH with U.S. Department of Interior, who won movie tickets in April for the correct answer – Environmental Impact Statement.
Intellectuals solve
problems; geniuses
prevent them. ~ Albert Einstein
