Archive for April, 2010

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Gravatar Iconby Mark Malek

In a previous post, we discussed the importance of forming an intellectual property holding company to own your IP.  That previous post established that starting an IP holding company is necessary.  This post will focus on the details.

Talk to any lawyer, and one of their primary goals for their clients is managing their liabilities.  This generally includes separating assets so that liabilities do not cross over.  For example, suppose you own your IP personally, i.e., it is titled in your name personally.  Now imagine that a thief breaks into your house, slips on your floor, sues you for having a slippery floor, and somehow gets a judgment against you (here is a story about a burglar that sued the homeowner that shot him).  What happens if your homeowner’s insurance does not cover the judgment? 

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by Jason Fischer

If you’re running your own small business, and you don’t have a holding company for your intellectual property, you should make an appointment to have your head examined.  Creating a separate entity, solely for the purpose of owning your IP, is the quickest, easiest, and cheapest way to insure the goodwill associated with your business.

I realize that the subject matter of this post is a bit drier than what you may have grown to expect from Tactical IP, but I’m hoping that at least a few of our readers are here for free tips on how to make their intellectual property work for them.  With that in mind, I’ll try to keep this light and painless.

Liability protection is the name of the game when it comes to creating business entities.  Think of it like an insurance policy.  If you do it right, assets can be protected from creditors, including judgment creditors who may have prevailed in a lawsuit.  As far as the law is concerned, a properly created and maintained business entity is a separate “person” from its owners and employees.  The benefit of that treatment is that, if the property created and maintained business entity incurs debts or gets sued, its assets are the only things that may be taken — not the assets of its owners.  Let’s look at an example to really hammer this point home.

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Gravatar Iconby Mark Malek

We here at TacticalIP like to monitor intellectual property news and try to report it to you.  You may have noticed that we pride ourselves on pointing out improper enforcement actions taken by trademark owners.  For example, we have previously posted a feature called IP Bully Of The Month.  (see here and here).

LEGO_logoAs I was reading through some intellectual property news that I normally watch, I came across a story that I thought I would share.  While this doesn’t top my list of overzealous trademark owners trying to enforce rights that they don’t really have, I felt it deserved a mention.  Turns out that The Lego Group (yes – the same company that makes the toys we all played with as kids and the toys that I step on in the middle of the night in my house now) has decided to sue Project LEGOS, a community outreach program started by two University of Minnesota alums.  The “LEGOS” in Project LEGOS stands for “Leadership, Empowerment, Growth, Opportunity, Sustainability.”

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