Legal Question in Intellectual Property in New York

Re: Organizational Plan

Your question initially raises another question: are you under some kind of employment and/or rights assignment agreement with your company? There is no law in the air that forces employee creations to become property of the employer. What is necessary for that kind of rights assignment to occur automatically is an intellectual property agreement and/or some kind of employment agreement that covers employee creations/inventions. If your answer to this question is no (typically research institutions and tech companies have such agreements), then you might very well have rights over the plan and its underlying properties (logos, etc.). That means that you would be able to market the plan. However, the other question you may need to ask is whether marketing of the plan, regardless of whether you have the rights to it would be an unfair competition or a breach of a non-competition clause in any of your employment agreements. If you would like to discuss this further, please feel free to contact us. Good luck!

Re: Organizational Plan

You ask good questions.

I copy your question into my answer for the sake of clarity.

YOU ASKED:

I created an organizational plan that I think will benefit not only my company, but other companies as well. I presented the plan to senior mgmt at my company. I also created a logo as part of the plan. Question: Can I copyright the plan for future use and trademark the logo?

I ANSWER:

Copyright law in the USA allows for the registration of anything that shows a spark of creativity that is affixed in a tangible medium.

Trademark law in the US federal system and in the NY state system (and possibly in other state-based systems as well; I cannot speak to those) allows for the registration of logos; however, to register the logo federally in the US Patent & Trademark Office, the logo must be used in interstate commerce. If you live in NY, make sure you use your logo in any neighboring state, for example.

YOU ASKED:

Do I have any legal rights concerning the creation of this plan which has nothing to do with the duties that I currently perform at my job?

I ANSWER:

The answer here depends on your employment agreement. Some employers don't care what an employee creates off the job as long as there is no competition with the employer; others lay claim to everything. Check your employment contract or talk with your employer's human resources people.

YOU ASKED:

Can I demand payment for the use of the logo and plan or does it belong to my company?

I ANSWER:

Again, this depends on your employment agreement. Most employers don't pay bonuses or share profits for an employee's intellectual property creation unless it is specifically excluded from their employment contract.

YOU ASKED:

If I left the company, would I be able to market my plan, or would it still belong to my old company?

I ANSWER:

Again, the answer lies in the terms of your employment agreement.

Feel free to contact me directly to discuss your matter further if you wish.

The information given here is general in nature and should not be construed as legal advice. For advice concerning your particular situation, consult your attorney.