Peanut Butter Jelly Time!

Written by James Sanders

This past week, Smuckers sued Trader Joes claiming a trademark violation over its Uncrustables brand name.  To think that thousands of little kids (and some adults) have been asking for this very sandwich for years and not one of them has told Smuckers it was their idea.  This begs the question of when a word becomes a trademark. 

I thought it would be good to provide a quick overview of the key intellectual property (“IP”) terms (Trademark, Copyright and Patent).  Over the next few weeks, I will be writing more in depth on each term individually. 

• Trademark – A trademark is any word, symbol, design, or phrase that denotes a specific product and differentiates it from similar products.  A company’s trademark can be legally registered or established by use. 
• Copyrights – A copyright protects an author’s original works such as writings, art, architecture, and music.  Examples can include TV shows, movies, online videos, sound recordings, musical compositions, lectures, articles, photos and books.
• Patent – A patent is a property right granted by a government authority that provides the holder with exclusive rights to the invention for a certain period of time depending on the type.    

If you believe your business needs protection as described above, I’d highly suggest you chat with an experienced IP or business attorney.  If you don’t understand your rights as it relates to IP, it can be a very costly mistake.  Stay tuned for more on this topic in the coming weeks, but for now, its PEANUT BUTTER JELLY TIME!