Pwear

I have a souvenir product line that I started to sell to stores last spring, and it was received well enough that I'm going to continue trying it out this year. Basically I'm putting certain types of images on garments, mugs, etc. in a certain layout. My fear is not so much that the "big guys" will be selling shirts with designs on them, but it's the way that I'm arranging the images on the shirts, and the types of images that I'm using that I'm fearful of someone copying and effectively putting me out of business.

I have about 85 designs that I have sold/will be selling on t-shirts, sweatshirts, mugs, etc., and as far as I know I am the only one with this large of a collection of these particular types of images. I know that I need to copyright every image to protect myself, but how do I go about protecting the actual product? Can I trademark the concept of putting a certain type of image on a product in a certain way?

 

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kimura-mma

Quote: Originally Posted by Pwear My fear is not so much that the "big guys" will be selling shirts with designs on them, but it's the way that I'm arranging the images on the shirts, and the types of images that I'm using that I'm fearful of someone copying and effectively putting me out of business.

I completely understand your concerns. But, if you have a great idea, one that already has some proven success, than you have to have NO FEAR. Your ideas won't make you money if they stay inside your head. You need to get them out there for the world to see - and buy. And you can not worry about things you can't control. If you do something well enough, then the "big guys" will not pose a threat. Look at Under Armour. They started as two guys in their grandmother's basement. Nike, Reebok, Majestic, etc, have all knocked off their products, but it hasn't effected them. If you want performance wear, Under Armour is considered the "authentic" because they positioned themselves that way. And you can do the same.

Quote: Originally Posted by Pwear I know that I need to copyright every image to protect myself, but how do I go about protecting the actual product? Can I trademark the concept of putting a certain type of image on a product in a certain way?

I'm not sure that type of registration is possible. You should probably contact an attorney who is more familiar with these things.

But as I understand it, Copyright will only protect the design. Trademarks are for brand names, logos, etc, which is not what you are looking for in this case. You can try a Patent, but that can be a long, difficult process. You are not actually inventing anything. You are not even re-purposing anything (meaning a mug is still a mug, a shirt is still a shirt). You are just applying a certain image a certain way. I think you should probably get advice from an attorney on this one.

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A Brand With No Name : Ready Made T-shirt Designs

 

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Pwear

Thanks very much for the response! You're right that I may be a little over-protective of my product. My market is very specific, both customer and location-wise, and if I get out there in full swing this year I'll get my company out there enough that we can become the major supplier of this type of t-shirt/product. I still own the rights to the actual designs, so even if the product style is copied, I can just find another way to apply the images to new products.

 

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