• Do you need a better definition of what makes up intellectual property?
• Want to learn more about IHA’s position on intellectual property theft?
• Are you in need of an intellectual property attorney?
• Interested in reducing litigation costs associated with intellectual property dispute resolution? Consider arbitration or mediation.
• Take action against intellectual property theft with the assistance of the U.S. Department of Commerce.

Intellectual property are the exclusive rights that an owner has been granted over its intangible assets such as musical, literary, and artistic works (copyrights); discoveries and inventions (patents); and words, phrases, symbols, and designs (trademarks).

Copyrights generally expire 70 years after the author’s death. Trademarks renew every 10 years after registration, but activity must be shown on the trademark every 5 years. Most patents expire after 17 years from the issue date.

More information about copyright law can be found at the U.S. Copyright Office at www.copyright.gov. An application for a copyright can be completed online.

The term patent usually refers to a right granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof. Patents can be further broken down between “design” patents (patents granted for the ornamental design of a functional item) and “utility” patents (granted to an invention which must be new, non-obvious, and useful or industrially applicable).

More information about trademarks and patents can be found at the U.S. Patent and Trademark Office at www.uspto.gov. Trademarks can be registered online as well. However, the website does recommend that you hire a patent attorney or a patent agent when completing your registration forms for a patent. The patent application requires accurate details and descriptions, precise drawings of the item, and research concerning related patents.

general statement
The IHA Board of Directors and staff recognize the importance of all intellectual property rights (IPR) including trademarks, copyrights, and patents. IPR represent valuable business assets which are costly to develop and protect. In the U.S., IPR are recognized in courts of law as the personal rights of the owner of the IP. So, although IHA feels strongly about protecting the investment made by the IP owner, our role in that process must be, by law, very limited. IHA is not in a position to be a judge, jury, regulator or law enforcement agency. Recognizing the position taken by other non-U.S. international trade fairs, the IHA Board of Directors, with the recommendation of legal counsel, has directed IHA to contain our activity to assistance and education, adhering to U.S. laws and avoiding any potential Restraint of Trade issues.

during the show
IHA acts to mitigate the impact of IPR theft by offering assistance to exhibitors to avoid face-to-face confrontations on the Show floor, potentially in front of customers. IHA has and will continue to:

• Maintain a record of all reported incidents to identify a pattern of repeated complaints.
• Work with law firms and process-servers to assist in serving legal complaints while the offender is at the Show.
• Assist law enforcement agencies in the execution of court orders.
• Take serious action, including the possible suspension of future Show privileges, against any exhibitor convicted in a court of law of an IPR offense, and thereby violating IHA’s Exhibitor Code of Conduct.
• Provide exhibitors the names of several reputable firms that specialize in IPR if the exhibitor has no current legal representation.
• Partner with the U.S. Department of Commerce’s (“DOC”) Office on Intellectual Property Rights. A representative has participated at the Show for the past several years. Their primary purpose is to visit with exhibitors on the Show floor to get a better understanding of current issues, educate exhibitors on IPR and suggest a plan to protect IPR, and visit with the offending organizations to add an authoritative presence to infer that the U.S. doesn’t tolerate this type of activity.
• Sponsor educational sessions in the Housewares Design Theater to provide information on the protection of IPR from the design phase all the way through to product distribution.

throughout the year
IHA hopes to educate its membership on alternatives for self-help to provide proactive protection against IPR infringement. Some of the year-round activities include:

• Recommending, where appropriate and agreeable to both parties, the use of binding arbitration in the effective resolution of IPR disputes. There is no denying that the cost of settling an IPR dispute within the court system can become very expensive. Arbitration is a means to reduce those costs and still receive an objective, fair settlement. IHA has posted general information regarding the arbitration process on our website along with a resource to file a case and have independent arbitrators assigned to case management.
• Posting on IHA’s website of information available from the U.S. DOC on the protection of IPR. Their website provides valuable information on how to “Stop Trade in Fakes!” at www.stopfakes.gov. The site provides:

• Background information on IPR and the different organizations that provide protection:
• Steps that organizations can take to protect their trademarks and copyrights through U.S. Customs and Border Protection; and,
• Toolkits for various regions in the world that explain how to obtain and enforce IPR in those countries.

• Periodically posting articles in IHA Reports, our monthly member communication, to remind members of tactical action items that can be taken to protect their valuable IPR.

Many if not most of our members retain an intellectual property attorney if they have filed an application for IP protection. However, some members come to the International Home + Housewares Show in Chicago and find that they are in need of an attorney and don’t have access to legal representation that resides back at their main office. The following are law firms in the Chicago area that have IP divisions within their law offices.

arbitration and mediation (return to top)

Arbitration can be a faster, simpler, and less expensive alternative to traditional litigation methods for resolving disputes. Arbitration is an adjudicative process, in that the outcome is determined by private judging and the results are binding on the parties and enforceable in the courts. Those acting as arbitrators are traditionally retired judges and attorneys with experience in the fields in which they are arbitrating. Arbitration is usually less costly because the scope of discovery and the rights to appeal are limited. Arbitration can still be as confrontational between parties as typical litigation.

For more information on both arbitration and mediation, visit the American Arbitration Association website. Not only does the American Arbitration Association website contain a great deal of helpful information and white papers concerning arbitration and mediation, they also manage relationships with a nation-wide group of active arbitrators and mediators. You can submit an application for your specific case and peruse a list of potential arbitrators or mediators that specialize in intellectual property infringement. Working with the other party involved, the online application can facilitate an expeditious resolution to your dispute.

government resources (return to top)

According to the website developed by the U.S. Department of Commerce to address intellectual property theft, filing an application to register your copyright, trademark, or patent is just the first step toward protection of your assets in this global economy. Go to the U.S. Department of Commerce’s website on intellectual property protection to review steps you can take to protect your rights. On their website you will find thorough information on the “who, what, where, and why” of intellectual property protection, including individual toolkits at your disposal for actionable steps you can take in different countries.

In addition to the U.S. Department of Commerce, the U.S. Customs and Border Protection (“CBP”), through the Department of Homeland Security, can assist you in protecting your copyrights and trademarks from being copied and brought into the U.S. illegally. Check out U.S. Customs and Border Protection website for electronic registration of your intellectual property.