What kind of protection should a brother try to obtain?
In this case, the patent would be the better option. It is because of the reason that through the use of the patents, the creator can get the exclusive rights by creating or inventing that over a certain period after which the individuals can also consider it for using it. As per the trade secrets, anyone can use the process or the formula within the trade secret for its purpose if it is revealed. He is also going to be at a disadvantage in the US as it does not protect intellectual property. If he is also considering his exposure to trade secrets, then he should also consider reverse engineering through which the interested party can take the product, inspect it and take it apart for finding out the magic touch. The law of trade secret also varies from country to country which also makes it difficult to enforce. It is to be noted as well that after any trade secret is compromised, the interested party can use it without any problem (Bently & Sherman, 2014).
How my brother can go about obtaining the patent?
My brother can obtain the patent by following the below-mentioned steps; the First step would be to conduct extensive research on the data for patents for finding out if the formula is already patented by someone else. If the answer is no, then it can continue to stage two in which he has to choose the utility patent which fits into the product. The next step would be to decide on filing the product patent globally in case the product becomes successful and is expanding internationally. Then the next step would be to file for a non-provincial or provincial patent as well. The next step would be to consider an expedition. Filing himself would be more appropriate as the attorney fees can be costly. After this, the next step would be to apply electronically through which the application of the certification and customer number. It would be better to determine the fee and also register as the e-filer before the examination of the USPTO. If it is successful, the patent will be issued with the notice of the service fee payable (Jaffe & Trajtenberg, 2002).
Will your brother be able to get trademark protection for “Lemonade Stand” or “Fresh Squeezed Lemonade”? Why or why not? If not, give some examples of alternative trademarks that he might be able to get protection for.
The more appropriate name as per the registrar of the trademark would be anyone other than the lemon stand. The freshly squeezed lemonade name would not be appropriate as the name cannot be descriptive or deceptive or is-directive. As per the simplicity of the name, confusion with other vendors can arise. The name needs to be unique like the “Easy Peesy Lemonade”; it does not have any general product description or any deceptive quality. It can be registered as a trademark to protect the logo and brand name. The brand name and the logo are protected by trademark rights which can be granted on an application for the trademark. However, it will not be accepted for any brand name. Therefore, a unique, never-before-used brand is needed (Silver, Zeiler, Black, Hyman, & Sage, 2008).
An insurance policy that will prevent a lawsuit
The probable insurance policy which can aid in the avoidance of the lawsuits includes umbrella coverage, compensation insurance of workers, homeowners’ insurance, and commercial liability insurance. The worker policy would protect the workers from any eventualities. For auto insurance, umbrella coverage is provided. Commercial liability insurance is used for protecting the employees from various perils. The safeguard of employees will help avoid any lawsuits which can hurt the operations of the business. On the other hand, the homeowner’s insurance needs the company to set up a system to protect against any probable lawsuits. The most recommended insurance policy would be umbrella coverage.
References
Bently, L., & Sherman, B. (2014). Intellectual Property Law. Oxford University Press.
Jaffe, A. B., & Trajtenberg, M. (2002). Patents, citations, and innovations: A window on the knowledge economy. MIT Press.
Silver, C., Zeiler, K., Black, B. S., Hyman, D. A., & Sage, W. M. (2008). Malpractice payouts and malpractice insurance: Evidence from texas closed claims, 1990–2003. The Geneva Papers on Risk and Insurance – Issues and Practice, 33(2), 177-192.
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