| A Tavern
By Any Other Name
New York
City's legal pursuit of the name Tavern on the Green - a name
trademarked by and defended for years by the LeRoy family -
illustrates a potential peril of Government contracting.
The LeRoy family owned and operated the famous restaurant
in New York's Central Park since 1973 under a lease from the
City's Department of Parks and Recreation. Crain's NY reports
that the restaurant filed for Chapter 11 in September, shortly
after the City selected another vendor to run the restaurant.
The LeRoy family assessed the value of the trademarked
name at about $19 million, and hoped to license the name to
other restaurants. The City, however, claims that it owns the
name since the restaurant existed in its park since 1934 -
long before the LeRoy family trademarked the name in 1981.
Experts say for a variety of reasons, it is not likely
that the City will win this case. Regardless of what happens
in this case, remember that it is in your best interest to
spell out contractually what names, ideas and concepts you own
and what you're taking with you when your Government contract
ends. |
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| When the Government
buys our product or service - does it own it outright?
The short answer may be yes - unless you take
precautions. |
Legal
Monopoly
Intellectual Property (IP) is a
legal monopoly - one that the creator of an artistic or
commercial concept can enforce  and reap the financial benefit of.
IP can include software, curriculum, business processes,
trade secrets, etc., and can be protected via copyright
and trademark, among other distinctions. In the private
sector IP is transferred or used through a license or a
contract.
In the Government sector, you have to
be pro-active to ensure that your IP is recognized and
protected. Unlike private sector agreements, the
assumption in Government contracting is that the
materials that the Government pays for is material that
it owns - and can use at will.
That's not the worst of it. Government
materials are not protected by copyright. Since
Government was created by the people, for the people, it
reasons, anyone can use any Government material at any
time without any consequence. If the Government takes
your IP it can disseminate it to the general public,
including your competitors. You can lose income and
market share with very little recourse.
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Protect Your
Materials
The more the Government invests,
the more it considers that it owns the product. Selling
software to the  Government via a GSA schedule is
less likely to grant IP rights to the Government than
developing software with Government
funding.
Make sure you
understand the Government's assumptions and procurement
law before you agree to any contract involving IP.
Engage an attorney. Make sure that you're only licensing
or granting the rights that you intend to grant, and
that your proprietary business information and trade
secrets are protected.
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About Proposal Pro
Did you know that in New York State
the Government can utilize any and all ideas that are
included in your proposal without paying you for it?
That's just one of many reasons why a well-written
proposal can improve and protect your business.
Here at Proposal Pro we know a  thing
or two about what needs to be incorporated in proposals;
we write nearly 150 each year. Proposal Pro writes to
win - helping businesses and non-profits to secure the
large-scale, multi-year contracts that ensure their
growth and profitability. We offer technical writing,
complete proposal preparation and strategic consulting
that gets results for our clients including more
than $48 million in Government grants and contracts
last
year. |
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Contact
Us
For further information or a
free 10-minute consultation,
contact:
Judie
Eisenberg
President
Proposal Pro,
Inc.
914-633-3352
info@proposalpro.com
Send Story Suggestions,
Questions or Comments
to info@proposalpro.com
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