Re: idea vs. service

From: Jessica R. Friedman <jrfriedman[_at_]earthlink.net>
Date: Sat, 29 Apr 2000 22:16:12 -0400

On Fri, 28 Apr 2000, Nelson E. Timken <netimken[_at_]erols.com> wrote:
>
> I have a question regarding distinguishing an idea for copyright
> purposes from a service mark. I have read the definitions on the
> respective web sites for both offices.
>
> If someone comes up with a term to describe a process, is that
> a service mark that is patentable or a concept that is subject
> to copyright?

    Unfortunately, it's neither. A process can't be the subject of a trademark, and copyright does not protect ideas. (You can try to keep people such as prospective partners or investors from disclosing or using the idea by means of a confidentiality agreement, but what is being protected there is the promise to keep it confidential, not the idea per se.)

--
Jessica R. Friedman, Esq.
Reboul, MacMurray, Hewitt, Maynard & Kristol
45 Rockefeller Plaza
New York, New York 10111
Tel: (212) 841-5700
Fax: (212) 841-5725
E-mail:  jfriedman[_at_]reboul.com

Visit us at <http://www.reboul.com/>.
Received on Sun Apr 30 2000 - 02:13:41 GMT

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