Trademark Protection
Trademark registration question regarding "Actually using mark in commerce now"?
Question
Whats the use of copyrighting?
I dont understand?....I want to start a small business. I heard that even if you have the copyright to a design and trademark your company name- someone could still create your exact design , as long as they didnt add the orginal designer's logo. So my question is, whats the point of having my designs copyrighted when someone can still recreate and sell it ? Wheres the protection? How am I suppose to profit?
10 months ago - 1 answers
Best Answer
Chosen by Asker
Copyrighting a design precludes anyone from legally making an exact copy of your work. If they make an exact copy without obtaining your permission you can get a court order to make them stop and you can sue for damages. Your don't have any protection if they make a fairly close copy (they change 15% of the design). The situation is especially bad in textiles. When my wife majored in textile design she was told to never leave her portfolio with a prospective customer since they were sure to take it to the back room, make copies, and then have their own staff artists alter the design enough to get around the copyright laws. She was told this applied to the big names as well as the small timers. The way to profit is to make your designs so distinct that when someone sees your designs they will know it is your work even from across a room. Hope this helps Jerry-the-bookkeeper
10 months ago
Asker's Rating: 