What is Copyright and patent protection?

DC Bar's "For the Love of Fashion: Protect Yourself" Event  February 8, 2013 – 03:35 pm
for a patent

Last night, we attended a DC Bar fashion law panel discussion, "For the Love of Fashion: Protect Yourself, " at Baker Hostetler in Washington DC. It was a very informative and comprehensive discussion from in-house and outside counsel, including DLA Piper's Lisa Norton, who is Of Counsel in the Patent Prosecution group, on trademark, copyright, and patent protection as well as current hot-button developments in fashion law and anti-counterfeiting.

From this panel discussion, we gathered four key takeaways:

1. The fashion industry is a trillion dollar business that deserves protection just like any other industry. The more distinctive the brand or product (think, Louis Vuitton or Chanel), the more consumers have to pay for it. Therefore, there is immense value for fashion companies to settle some form of intellectual property protection, whether it is trademark, copyright or patent protection, for their designs.

2. Patents, particularly the design patent, are the most under-utilized mechanism for protection in the fashion industry. A design patent protects the overall aesthetic appearance of a design (i.e., the ornamental aspects or shape of an article), whereas a utility patent protects how an object operates or functions (i.e., the functional/utilitarian features). Unlike utility patents which are costly and very difficult to register, design patents are the easiest and most cost-effective form of protection. However, the primary issue with design patents is, of course, timeliness since fashion is constantly changing and it takes about 6 to 8 months to secure a registration. By that time, the subject design is likely already widely-circulated in commerce and either on the "hot" or "not" list in fashion. In addition, if fashion companies fail to file for a design patent at the outset (i.e., before the subject design is widely-circulated, duplicated and/or knocked-off in the marketplace), they could forfeit their right to obtain a design patent because the design would no longer be considered original.

Source: Re:Marks on Copyright and Trademark

You might also like:

Generating and Protecting Business Ideas (excerpt)
Generating and Protecting Business Ideas (excerpt)
Protecting your business ideas & inventions: Shireen Smith pt 2/2
Protecting your business ideas & inventions: Shireen Smith pt 2/2
Abbott Labs HIV Drug Kaletra Denied Patent Protection in India; Shares Rise 0.3%
Abbott Labs HIV Drug Kaletra Denied Patent Protection in India; Shares Rise 0.3%

Have you sent him any invoices

Via regular mail? I would send an invoice certified return receipt requesting payment for the work rendered.
Now in terms of this potential legal battle, it could get a little uncomfortable. HEre's why. What does your contract state specifically about copyrights? Most design contracts the copyright usually goes to the person who you are doing the desiging for, meaning your past employer re...ontract that you signed when you started working for him in terms of rights?
Also, you blatently threatened his business, which in general is not a good idea to do. Small claims court is the proper thing to do as well as a proper letter (not a verbal threat) letting him know that the website needs to be taken down according to such and such law until you are paid for your services, etc....

You have options. You mentioned

A contract, so the first thing you do is contact the person that you dealt with for the commission, point out what your contract was for, and the fact that you are aware the school is now using your copyrighted image.
Be nice, be friendly. Tell them that they are in violation of your copyrights, and you'd be happy to work out a financial arrangement that is beneficial to you so they can c...s the site for Volunteer Lawyers for the Arts
If you're feeling charitable, you can tell them you are going to now donate all the proceeds from future sales to some charity. Or keep the money.
The minute they give you a hard time, I would let them know that you are going to be contacting the local press on this issue. Because no matter what they say, they are taking advantage of you.

Proposed Directive on collective management of copyright and related rights …  — EU News
Proposed Directive on collective management of copyright and related rights and multi-territorial licensing – frequently asked questions. 1. What is copyright and what are the related rights? These are rights granted to authors (copyright) and to …

Students in their Prime  — The Lawyer
We ran a few sessions for the students about what is an in-house lawyer, what is copyright, what is a trademark and so on. But by far the biggest hit was when we took them to the FT's main editorial conference room and a real-life journalist talked to …

Copyright infringement  — Royal Gazette
Q: What is copyright Infringement? A: Copyright infringement is the use of content such as videos, artwork, music, and other proprietary works without having gained permission from the owner. The actual state of the content is irrelevant — a book …

Trademarks, Copyrights & Patents | What are the Differences?
Trademarks, Copyrights & Patents | What are the Differences?
Copyrights
Copyrights
Protecting Ideas and Avoiding Infringement (Part 1 of 6)
Protecting Ideas and Avoiding Infringement (Part 1 of 6)

Copyright infringement  — Royal Gazette
Q: What is copyright Infringement? A: Copyright infringement is the use of content such as videos, artwork, music, and other proprietary works without having gained permission from the owner. The actual state of the content is irrelevant — a book …

Related posts:

  1. What is Copyright and its Limitations?
  2. What is Copyrights and Patent ACT 1988?
  3. What is Copyrights and Patent ACT?
  4. What is Copyright permission?
  5. What is Copyright Protected?