Corporate America's Desperate Race To Trademark... Everything

How Money Works13 minutes read

Trademarking common words can lead to legal battles, with Facebook successfully trademarking "face." Patents protect new inventions for 20 years, copyrights last 70 years after death, while trademarks combine benefits, lasting indefinitely with renewal every decade. AI technology complicates trademarking, impacting small businesses and creating legal grey areas for logos.

Insights

  • Trademarks are essential for safeguarding business assets, lasting indefinitely and requiring renewal every 10 years, offering a unique blend of patent and copyright protections.
  • The rise of AI technology accelerates trademark issues, as AI-generated content may inadvertently infringe on existing trademarks, necessitating companies to establish robust trademark portfolios to navigate legal complexities effectively.

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Recent questions

  • How long does a patent protect inventions?

    20 years

  • What do trademarks protect in a business?

    Branding elements

  • How long do copyrights last for creative works?

    70 years after creator's death

  • What is the significance of trademarks in business?

    Add value and protect assets

  • How do large tech companies use patents and trademarks?

    Legal competition weapons

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Summary

00:00

Trademarking: Protecting Business Assets and Branding

  • Common words like superhero, realtor, and face are trademarked by different corporations.
  • Facebook has successfully trademarked the word "face," leading to potential legal battles for businesses using it.
  • Trademarks, copyrights, and patents are crucial for protecting business assets.
  • A patent protects new inventions for 20 years, while copyrights apply automatically to creative works for 70 years after the creator's death.
  • Trademarks combine the benefits of patents and copyrights, lasting indefinitely with renewal every 10 years.
  • Trademarks only apply to elements directly related to a business's branding, like logos or specific iconography.
  • Trademarks can be exploited by claiming catchphrases, sounds, or images for branding purposes.
  • Trademarks add significant value to businesses and can be leveraged in acquisitions to drive up their worth.
  • Large tech companies use patents and trademarks as weapons in a legal game of competition.
  • AI technology is accelerating the rush to trademark everything, making it harder for small businesses to hide from infringement.

12:40

Trademark Issues in AI-Generated Logos and Comedy

  • AI-generated logos may contain elements from other trademarked logos due to training data sourced from the internet, leading to a legal grey area. Graphic designers argue that their inspiration from existing logos contributes to original creations. To navigate this issue, companies are advised to establish a strong portfolio of trademarks. Comedians have historically grappled with the fine line between inspiration and parody, shedding light on the ongoing debate surrounding trademark use. For further insights on trademark practices in Corporate America, subscribe to a free newsletter authored by an investment banker.
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