Intellectual Property Infringement Research (Reece Law, P.L.L.C., The Creative's Counsel®)

WELCOME, ARTISTS, CREATORS AND IP OWNERS!

Most questions are selection based and the few that ask for typing are optional, meaning this will be quick, we promise! And while we have you, we appreciate you and your commitment to the protection of artists, creators and IP owners!

The CASE Act and the CCB are officially accepting cases as of June 16, 2022 - let’s celebrate!

This is a big step in the right direction, but there is still work to be done as we would love to see a similar forum develop in the USPTO for trademark infringement.

We hope to help continue the efforts for all creators by continuing to gather data, shed light on this need and offer support, research and our time, where able and needed.

PLEASE COMPLETE THIS SURVEY!

(We respect your privacy and likely oversaturated e-mail inbox and thus the information shared will only be used for research purposes by The Creative’s Counsel® legal team.)

ON TO THE QUESTIONS...

Question Title

* 1. What type(s) of intellectual property do you create, license or own? Select all that apply:

Trademark - Name, Slogan, Logo, Color or Color Combination

Trade Dress - ex. Packaging, Space Design (Various elements that are used to promote a brand or product.)

Trade Secret - ex. Recipe, Customer List (Information that has economic value (actual or potential), from not being generally known to the public and is the subject of efforts to keep it secret.)

Patent - ex. Machine, Medicine, Computer Program, Invention

Question Title

* 2. How long have you held these rights?

I'm not sure, that is a great question!

0-5 Years

5-10 Years

10+ Years

It's varies.

Question Title

* 3. Do you have registered protection of this intellectual property?

No, I don't know where to begin.

No, I'm worried it will be too expensive.

No, I got tricked by those DIY websites and lost it.

Yes, at a state level.

Yes, at a federal level.

Yes, internationally.

Some of it yes, some of it no.

Question Title

* 4. If some of it yes, some of it no, share (as you wish) what you have registered:

Question Title

* 5. If you create or own intellectual property, which of the following do you do with it? Select all that apply:

I use it for myself and/or my own business.

I gift it to friends, family or for other philanthropic reasons.

I license it to third parties, whether paid or donated.

I give full ownership of it to third parties, whether paid or donated.

I don't create or own any IP.

Question Title

* 6. If you create trademarks (logos, names, slogans, or less commonly, sound, scent, color), do you understand what constitutes infringement?

Question Title

* 7. If you create copyrightable work (original works of authorship including literary, dramatic, musical, and artistic works, photographs, paintings, drawings, clothing designs, architecture, etc.), do you understand what constitutes infringement?

Question Title

* 8. If you create copyrightable work (original works of authorship including literary, dramatic, musical, and artistic works, photographs, paintings, drawings, clothing designs, architecture, etc.), do you understand what constitutes fair use?

Question Title

* 9. How many times, that you know of, do you believe you have been infringed upon?

1-5

5-10

10+

None that I am aware of, but ooo I should probably add 'searching' to my to-do list.

Not applicable.

Question Title

* 10. What size business was infringing?

Small

Medium

Large

Not applicable.

Question Title

* 11. What actions did you take to try to stop the infringement? Select all that apply:

Nothing, because I didn't know what to do or thought it would be too expensive.

Sent communication (note or DM or email) to the infringer.

Called or otherwise verbally communicated with the infringer.

Contacted legal counsel.

Sent (or had legal counsel send) a cease and desist communication.

Started a lawsuit.

Saw the lawsuit through until the end.

Not applicable.

Question Title

* 12. What were your concerns around enforcing your rights, even if you did take some action? Select all that apply:

I didn't know what 'infringing' meant.

I didn't know where to start.

I was afraid it would be too costly.

I was told it would be too costly, after seeking legal consult.

I was intimidated by the other side into not pursuing it.

I contacted the other side and they just didn't care.

Not applicable.

Question Title

* 13. Do you feel hindered (perhaps financially or by time) and thus disenfranchised when it comes to protecting your intellectual property, but you genuinely wish you could?

Yes, I really do.

Um, disenfranchised is a strong word, but it is important to me and something should be done.

David and Goliath, am I right? It's not cool, but I don't need the uphill battle.

Not applicable.

Question Title

* 14. Are there any general questions you think would be beneficial if answered in a digestable way, on an accessible platform (such as social media)? Feel free to leave more than one:

Question Title

* 15. Is there anything else you'd like to share about your experience so far with Intellectual Property?

Question Title

* 16. Well that was easy, thanks! I'd love a progress report on protecting intellectual property and I'm open to answer other questions if and when this research progresses.

Heck Yes! Please keep me in the loop, but minimally OK? There are way too many emails these days.

No thank you, I am not too concerned about protecting IP.

Question Title

* 17. Please share what information you are comfortable with:

Name (Personal and/or Company)

City/Town

Email Address

Instagram Handle

Question Title

* 18. DISCLAIMER: Advertising Material: This is not intended to be an advertisement, but it could be perceived as such. The information contained in this questionnaire and the social media posts that linked to this survey is for general informational purposes only; it is not legal advice. You should not act or refrain from acting on the basis of this content without seeking legal advice. Reece Law, P.L.L.C. disclaims all liability for actions you take or fail to take based on this content. The operation of our digital presence does not create an attorney-client relationship between you and us; any comment, DM or other communication, may not be secure and will not be treated as attorney-client privileged. Your personally identifiable information will remain confidential and the information shared will only be used for research purposes with The Creative’s Counsel® legal team. You will only be contacted further if you so selected above.

I acknowledge the above.