Re: idea vs. service

From: Nelson E. Timken <netimken[_at_]erols.com>
Date: Mon, 1 May 2000 08:08:27 -0400

On Sat, Apr 29, 2000, Jessica R. Friedman <jfriedman[_at_]reboul.com> wrote:
>
> 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.)

Thanks, Jessica.

I'm surprised, if I read you correctly, that there is no protection whatsoever available for a concept that someone coined to describe a process of osmosis. I guess this is one area where a gap exists between copyright and trademark protection- all you can protect is a document which incorporates the term.

NET

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Nelson E. Timken, Esq.
Partner, Ground Floor Ventures

(t) 201-420-4446, (f) 201-420-9716
(e) netimken[_at_]groundfloorventures.com
(w) http://www.groundfloorventures.com/
(AIM) netimken, (ICQ) 45374609
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"The Incubator for Women-Owned Businesses" http://www.GroundFloorVentures.com/ Received on Mon May 01 2000 - 12:09:43 GMT