Park Law
www.parkworld-online.com
lot less – and be resolved far more quickly, if you have registered IP rights in your arsenal. For example, owners of properly registered IP rights
benefi t from a legal advantage called a “presumption”, which can make the difference in which side wins a case if the evidence on ownership of the IP is not clear (as is often the case). It is often diffi cult, if not impossible, to prove who had an idea fi rst. Having the court start from a position that the owner of the registered rights will win makes it very diffi cult for the infringer to prove otherwise. The infringer has to fi nd evidence showing that it used the idea fi rst – and it loses if it can’t provide that evidence. So, while you are not necessarily out of luck just because you choose not to register your IP, so-called “common law” IP claims are far more likely to be ignored by your infringer, and will almost certainly cost much more in legal fees to protect. More importantly, sometimes you simply have to defend
your most valuable asset – your good name. Goodwill may not be a line item on your balance sheet. But if an infringer deceives your customers into believing that you provided a shoddy or dangerous ride experience, you may never recover from the hit to your reputation. To try to avoid the expense of litigation, fi rms can also
do their own “IP audit”. Just like a fi nancial procedure, you can compile a list of your IP assets, and look
for vulnerabilities. Armed with a list of your possible weaknesses, you determine what can be done to protect your assets, and weigh the cost of that protection. Some steps are virtually free. “Marking” – putting formal notice of your rights on your marketing materials, such as the symbols ®, © and ™, as well as directly on signs for your rides, puts third parties on notice that you claim IP rights – and may lead to greater damages if you have to sue an infringer. In addition to actual registration, you can also
invest in putting the industry on notice of your rights in the media and trade press. For example, advertising agencies will develop “branding campaigns” to build public awareness of a product and its name. You should also “police your rights” by monitoring trade publications for infringing uses – and respond promptly in the even you see one. None of this work is free. But if you have to go after a
competitor that tries to pass itself off as your company or an infringer who reproduces your idea or design, it could make all the difference. Many companies and individuals in the amusement business don’t see an immediate return on the investment in protecting their IP – until they have to hire an attorney to sue an infringer. But litigation attorneys make far more money from a lawsuit over IP rights than from setting up those rights properly in the fi rst place.
Many companies and individuals in the amusement business don't see an immediate return on the investment in protecting their IP - until they have to hire an attorney to sue an infringer.
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AUTUMN PART 1 2020
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