I've read the posts on trademarking and copyrighting and understand what they're for, where to get them, what they cost, etc. My question now is whether or not it's worth putting the time and money into it. My brand is very specific, base on different productions of the same principle element. Basically, the same character dressed different ways with a short saying underneath. It would be obvious that if my design was stolen, that it would be from my collection so I can't see where anyone would steal this idea.
Those of you that have protected your designs, how has this helped you? Why did you do it? What have you gained?
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Hard labor kills, make t-shirts instead.
You are protected by having your work saved on hand by law, but having your image(s) trademarked/copyright gives you a stronger case if something happens to get stolen. It gives a better sense of security.
I'm kind of in the air about that because if I submitted my computer as evidence, doesn't my computer time stamp when a file was created? Wouldn't that be enough evidence?
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Hard labor kills, make t-shirts instead.
I'm kind of in the air about that because if I submitted my computer as evidence, doesn't my computer time stamp when a file was created? Wouldn't that be enough evidence?
Yeah but I created it in my notebook years ago.... before computers were made. Oh yeah... and I copyrighted/trademarked it first... so by law I win.
But the date of your trademark is obviously later than the stamp on my computer.
And you're saying that you created your designs in the 60's? How old were you then?
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Hard labor kills, make t-shirts instead.
Yeah but I created it in my notebook years ago.... before computers were made. Oh yeah... and I copyrighted/trademarked it first... so by law I win.
-jh
No, you don't.
It takes more than your notebook and the fact that you registered first to prove that it belongs to you.
If someone steals IP from someone else, then decides to sue the person they stole it from, the thief opens up a BIG can of worms.
Because the truth is that the registered work is someone else's property, then they thief must have seen it somewhere. Which means there's proof of creation before the date the thief applies for registration.
Now, the real owner of the IP has to show whatever proof that is, then the thief must prove that they had something before the rightful owner.
It can definitely get messy, but the thief is going to need more than a notebook and his word saying that he created it years ago.
It takes more than your notebook and the fact that you registered first to prove that it belongs to you.
If someone steals IP from someone else, then decides to sue the person they stole it from, the thief opens up a BIG can of worms.
Because the truth is that the registered work is someone else's property, then they thief must have seen it somewhere. Which means there's proof of creation before the date the thief applies for registration.
Now, the real owner of the IP has to show whatever proof that is, then the thief must prove that they had something before the rightful owner.
It can definitely get messy, but the thief is going to need more than a notebook and his word saying that he created it years ago.
Thanks for the insight. If you didn't really have the money right now to pay for TM and Copyright, would you start the brand without them? Or, just keep waiting and saving?
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Hard labor kills, make t-shirts instead.
If you didn't have the money, there's nothing wrong with waiting to apply for registration, but starting the brand without registering.
You don't need a computer stamp. There's plenty of ways to protect your IP now.
Make sure you put the the "TM" next to your logo anytime you use it. Keep great records of everything you purchase for your business. This includes business cards, domain purchases, labels, etc.
The dates you purchase all of these things from vendors is important, especially if someone tries to do as has been suggested. Each vendor will have records of what they created for you, and the dates.
But make no mistake, registering a mark first, doesn't mean you get to keep the mark if someone can prove that they created it (brand/design) first.
Which is why registering it right now is not that important as long as you establish in other ways that you own it and try to protect it.
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Last edited by Comin'OutSwingin; January 17th, 2008 at 07:13 PM.
This is a discussion about Are Trademarking and Copyrighting worth it? that was posted in the General T-Shirt Selling Discussion section of the forums.
Are Trademarking and Copyrighting worth it? 
Oh yeah... and I copyrighted/trademarked it first... so by law I win.
