BUSINESS WATCH:Guarding products is a good idea

COSTA MESA — When establishing a business or product, it’s important that merchants protect themselves by getting their idea, goods or service registered with a trademark, copyright or patent, local attorneys say.

On Tuesday, intellectual property attorneys Amanda V. Dwight and Philip H. Haymond discussed laws with about 10 other business leaders.

Karen Lyn Davis wanted to make sure she properly protected herself against someone stealing her math games for kids.

“I run websites and create original content for kids on the Web,” Davis said Tuesday. “I wanted to learn how to protect those.”

Davis said she tries to educate teachers via her website, www.coolmath.com, about what “fair use” is.

Once Davis publishes her games, they instantly have a copyright, but Haymond said it’s important anyone coming up with an original work should register for a copyright in case the inventor must one day go to court to defend their work.

A copyright is for an original work. It protects the expression of an idea, Haymond said.

Creators who obtain a copyright are protected from others copying it without permission or even exhibiting it.

This can become important for small business owners who want to play music at their shops, restaurants or other businesses.

“If you’re playing something to entertain customers, you might have to pay royalties,” Haymond said.

Photos on the Internet aren’t always for the taking, which some business owners aren’t aware of, graphic designer Kristine Putt said.

Before putting photos on the Web, make sure you’re not stealing them from the photographer, she warned. She suggested using sites such as istockphoto.com, where images can be purchased and used.

Of course, business owners should contact their attorneys if they’re not sure, Dwight and Haymond said.

Inventions, ideas, concepts or discoveries require a patent. Patents can protect the design of a product or an invention.

If someone has invented something, they shouldn’t wait around to get a patent. If the invention has been used for more than a year, it is ineligible.

Having a trademark means the owner is presumed to be the only one who can use the item. A trademark is anything that distinguishes a good or service from another, Dwight said.

Although a trademark doesn’t have to be registered in order for it to be recognized as such, it’s important to get one in case someone is infringing on it, Haymond said.

It’s also important to try to register early, Dwight said, because the pot of names is getting smaller.

“It’s increasingly harder to come up with a name that’s strong and that isn’t already registered,” Dwight said.

Because we live in an age when people are searching for brand names, many companies consider their trademarks as their most important asset, Dwight said.

“Coca Cola’s trademarks are worth $67 billion and are considered their most valuable asset,” she said. “Microsoft’s trademarks are worth $59 billion — you’re basically paying for the brand.”