Although each individual intellectual property regime has its
own subject matter requirements and standards for infringement,
they share certain essential features. Each provides limited
property rights vested in intangible mental products in exchange
for eventual public dissemination. - Trade Secrets: protects
concrete information of economic value which is the subject of
reasonable efforts under the circumstances to maintain secrecy.
This protection is most commonly provided under state law
regimes, and does not require any formalities. - Trademark:
provides for the protection of any word, symbol, or device
adopted and used to identify goods and distinguish them from
others. As established under the Federal Lanham Act, trademark
protection may attach through use, although registration affords
procedural and remedial advantages. - Rights of Publicity:
grants an individual exclusive control over commercial use of
his or her identity, including name, likeness, and performing
style. These are protected as commo