Protect your IP at shows

As with many things in life, advanced preparation is the key to successfully protecting your intellectual property rights at a trade show. Stopping infringement early—at a trade show introduction—is an effective way to reduce your losses. Briefly, here's the minimum you need to do to have a chance at stopping the pirates:

If you come to a show without confirming you own the intellectual property you think you own, enforcement will be futile. "Emergency" intellectual property rights are available. Expedited processing can result in a design patent issuing within months, possibly as little as one month. Utility patent rights of a provisional kind may also be obtained in a similar time frame. The Copyright Office will grant your copyright registration application in less than two weeks, under the right circumstances, and you can pre-register your incomplete, copyrighted works (such as video games) in a matter of days.

Each trade show handles disputes differently. Some have resolution procedures to which you must agree when applying to be an exhibitor. Many limit attendees, so you will need to determine who will walk the show looking for knock-offs for you. If it's your attorney, you will need to get advance clearance for her. Taking photos is generally prohibited, making documenting infringement a challenge, so plan accordingly. When you find pirates, some shows have individuals designated to contact for disputes—know who they are and use them.

The time to write a cease and desist letter is not after you spot a knock-off at the show. Come with such letters pre-written, missing only the name of the product and/or company. Bring a portable printer and paper. Fill in the blank when you identify an infringer, then hand deliver the letter. Take products off displays. Better yet, identify potential infringers before the show starts through thorough investigation, and stop them before they get to the show. And if a letter doesn't do the trick, have a lawyer's motion for a temporary restraining order ready to be filed in court. It can cause quite a stir when you walk up to a booth with U.S. Marshalls at your side and have them seize infringing products at your direction (with a court's blessing of course).

Without planning, your days at Toy Fair (or other shows) could seem like an eternity as you watch your ideas being stolen with little recourse. Get prepared in advance, and stop the bad guys.