Originally published by Brian Casper.
What Are All the Different Types of Intellectual Property?
Did you know there are at least 11 different forms of intellectual property (IP) that are recognized in the US? If you search the web for “types of intellectual property,” most of the results will point to articles discussing four or five, but those discussions omit or join several unique forms of legal protection for intellectual property. An awareness of the broad scope of valuable but intangible property is particularly valuable when purchasing or selling a business.
Beyond the Big Three (Copyrights, Patents, Trademarks) Type of IP
Most people are familiar with the three cornerstones of intellectual property—copyrights, patents, and trademarks—but there are several other less know forms as well. Trade secrets, trade dress, and the “right of publicity” are also legally recognized forms of intellectual property. But there are several types of intellectual property within those categories and a few extras that most people don’t usually consider that can be among to most valuable of all.
Among the patent and copyright statutes, there are also separate intellectual property protections for boat hull designs, plants, and semiconductor chips. While boat hull design and semiconductors are protected in the same U.S. Code section as copyright, the history behind them, as well as the requirements for this statutory protection, are very different from ordinary copyrights. Similarly, plant protections fall under the Patent Act but are treated differently than utility or design patents.
Telephone Numbers a Type of Intellectual Property?
Phone numbers and domain names are also important assets that are protected by law. The Telecommunications Act of 1996 created a statutory duty for telecommunications carriers to provide phone number portability. In other words, you have a right to keep your phone number. This can be an important business asset and should not be overlooked when buying an existing business. Imagine buying an existing business only to find out that the previous owner had kept the phone number and now all the customers you thought you had are calling the previous owner’s new business rather than yours. When negotiating the purchase of a business, the agreement should specify how the phone numbers will be transferred.
Domain Names Can Have Valuable IP Rights
While there are little in the way of federally recognized rights associated with domain names, they are given some protection under U.S. law. Some courts have treated them as property, and others as a contractual right—but for the most part, domain names are treated as the exclusive personal property of the owner. The Anticybersquatting Consumer Protection Act (“ACPA”), enacted in 1999, primarily protects trademark owners from other domain name registrants who register domain names that are identical or confusingly similar to a distinctive mark with a bad faith intent to profit. But conversely, if you are legitimately using a domain name in good faith, you have rights to that domain name even if it happens to be someone else’s trademark. Domain names disputes are usually governed by ICANN’s Uniform Domain-Name Dispute-Resolution Policy (often referred to as the “UDRP”). This is a private procedure that can result in an involuntary transfer of a domain name. However, if a domain name is stripped from its registrant through that process, the registrant has the right to have the dispute heard anew in a U.S. court.
Key Takeaways Regarding Types of Intellectual Property
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Make sure you understand the full breadth and scope of intellectual property before buying or selling a business.
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When negotiating asset purchase agreements don’t overlook assets like phone numbers, email addresses, and domain names.
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Domain name challenges can be done through private procedures, but these are “appealable” to a U.S. court.
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About the Firm:
Klemchuk LLP is a litigation, intellectual property, transactional, and international business law firm dedicated to protecting innovation. The firm provides tailored legal solutions to industries including software, technology, retail, real estate, consumer goods, ecommerce, telecommunications, restaurant, energy, media, and professional services. The firm focuses on serving mid-market companies seeking long-term, value-added relationships with a law firm. Learn more about experiencing law practiced differently and our local counsel practice.
The firm publishes Intellectual Property Trends (latest developments in IP law), Conversations with Innovators (interviews with thought leaders), Leaders in Law (insights from law leaders), Culture Counts (thoughts on law firm culture and business), and Legal Insights (in-depth analysis of IP, litigation, and transactional law).
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