Submitted Designs to Retailer: what kind of protection do I need?
Go to Page...
Discuss the process of getting your t-shirt line into brick and mortar stores and selling offline. Topics include industry tradeshows, events, line sheets, sales reps and other retailing tips and advice.
Submitted Designs to Retailer: what kind of protection do I need?
Submitted Designs to Retailer: what kind of protection do I need?
I recently contacted a retail buyer who said she would look at my designs in .jpeg or .pdf format. Since I am starting from ground zero, that is all I can offer at the moment, since I don't want to spend the money for samples or line sheets, etc. (I'll get financing from family if and when I get retail orders, but not up front.)
I submitted a few of my slogan designs (my work is mostly word content rather than artwork) via e-mail.
My question is this: What kind of idea protections should I be thinking about at this stage? I know trademarking the slogans themselves would be nearly impossible, and copyrighting the designs would basically amount to copyrighting the font style and colors, which could easily change anyway, subject to the retailer's requirements.
This is a very reputable retailer, so I'm assuming I have little to be concerned about regarding piracy, etc., correct? When other vendors submit their designs to retailers, do they have copyright or trademark protection on them? Should I just submit a copyright application on them as a group, just in case?
Thanks in advance for any advice you could give me.
Re: Submitted Designs to Retailer: what kind of protection do I need?
As you've said there's not much you can do to protect them except good faith.
Quote:
Originally Posted by Raissa8
This is a very reputable retailer, so I'm assuming I have little to be concerned about regarding piracy, etc., correct?
No, definitely not correct. Do some searches for Urban Outfitters (try some queries like urban outfitters copyright infringement and urban counterfeiters); you'll find some cases that UO won, some accusations against UO that are pretty baseless, but also some interesting cases of what appears to be blatant copyright infringement on behalf of UO.
It's worth taking with a grain of salt (some of the things people are attacking are perfectly legal, if not particularly ethical), but the point is large retailers can't automatically be relied upon not to pirate your stuff.
(actually the "legal but unethical" cases are probably particularly relevant to you since copying your slogans could fall into the same category)
Re: Submitted Designs to Retailer: what kind of protection do I need?
So what kind of protection are you suggesting, if any? What alternatives do any of us have?
This is an issue that arises again and again, and yet no one seems to really have an answer to it.
I have no choice but to submit my ideas, so how can I protect myself? This is confusing and disheartening. Is there anyone who has dealt with large, reputable retailers who can share insights into this subject specifically?
It seems any time I've asked a question regarding protecting myself in the industry, all I get in response is a shrug.
Re: Submitted Designs to Retailer: what kind of protection do I need?
I researched the Urban Outfitters lawsuits and I'm very glad I haven't dealt with them, and I don't intend to. I also did a search on the retailer I'm dealing with and there doesn't seem to be any infringement accusations against them.
I realized that maybe because Urban Outfitters manufactures their own products, in addition to carrying outside vendors, they might have more incentive to rip ideas off. However, the retailer I'm dealing with does not make products of their own. That makes me feel better. I'm also going to copyright all of my designs immediately.
But I would really appreciate anyone sharing their insights and experiences.
Re: Submitted Designs to Retailer: what kind of protection do I need?
Quote:
Originally Posted by Raissa8
So what kind of protection are you suggesting, if any? What alternatives do any of us have?
If you don't have something that's copyrightable or trademarkable, I'm not really sure what you can do. The law defines what it thinks is worth protecting, and then offers to protect that. If your work falls outside of those parameters, as far as the law is concerned it's not original enough to warrant restricting other people's rights.
The alternative is to create something worth protecting, or to be prolific enough that it doesn't matter. Otherwise you're pretty much stuck with good faith.
Re: Submitted Designs to Retailer: what kind of protection do I need?
Quote:
Originally Posted by Raissa8
I realized that maybe because Urban Outfitters manufactures their own products, in addition to carrying outside vendors, they might have more incentive to rip ideas off. However, the retailer I'm dealing with does not make products of their own. That makes me feel better.
I think that does make a lot of sense. I suppose it's a good example of why a lot of companies don't like working with companies who operate in more than one area (e.g. printing and designing, or printing and producing their own line, etc.).
This is a discussion about Submitted Designs to Retailer: what kind of protection do I need? that was posted in the Offline Retail and Tradeshows section of the forums.
Submitted Designs to Retailer: what kind of protection do I need? 
