I should also add that this would involve a LOGO as well, which incorporates the full name. Though the logo would not be on most designs (just the plain printed name would be at the bottom), it would be on the website and SOME of the designs.
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If your company is a brand, then you should officially register it as a trademark (thinking long term).
A few of your questions are sort of "legal" questions that might require a lawyer (outside the scope of this forum), but we may be able to give some "general" non-legal opinions.
What I mean is, what if someone else came up with the same exact name on their own (coincidence does happen) and they wanted to protect it it from being taken.
So they do their research, do a search of existing registered trademarks and copyrights and don't see anything registered. So they register it. What would be wrong with that? How would they even know you exist?
By registering it "officially", you also get your name "on the books", which makes it more easy to prove that you were there first.
It's possible that you could become so established that your name would come up in a search. For example: threadless.
I don't know if threadless is trademarked, but if someone other than threadless tried to trademark the word threadless, I *think* they would have a hard time doing it because threadless has been pretty established over the years, so it would come up when researching the name (even if it isn't officially registered).
If you are new and 2 people come up with the same name/company name within a year, who is to say which came first without registration.
Like I said though, this is just one opinion
The best answer may be to just "contact a lawyer"
A few of your questions are sort of "legal" questions that might require a lawyer (outside the scope of this forum), but we may be able to give some "general" non-legal opinions.
How would someone know that you have clearly and consistently used the name if you haven't registered it.
What I mean is, what if someone else came up with the same exact name on their own (coincidence does happen) and they wanted to protect it it from being taken.
So they do their research, do a search of existing registered trademarks and copyrights and don't see anything registered. So they register it. What would be wrong with that? How would they even know you exist?
By registering it "officially", you also get your name "on the books", which makes it more easy to prove that you were there first.
It's possible that you could become so established that your name would come up in a search. For example: threadless.
I don't know if threadless is trademarked, but if someone other than threadless tried to trademark the word threadless, I *think* they would have a hard time doing it because threadless has been pretty established over the years, so it would come up when researching the name (even if it isn't officially registered).
If you are new and 2 people come up with the same name/company name within a year, who is to say which came first without registration.
Like I said though, this is just one opinion
The best answer may be to just "contact a lawyer" ...remember that you can sue for false and misleading representations when scum use your company name to sell semilar products.
the problem is, what do you sue scum for ? their bicycles ???? lol
Actually, even posting your real name on this board will carry some weight... (do get it registered tho ), if a scum were to rip you off they would most likely get stepped on.
the problem is, what do you sue scum for ? their bicycles ???? lol
Actually, even posting your real name on this board will carry some weight... (do get it registered tho ), if a scum were to rip you off they would most likely get stepped on.
That's the catch22 (as I see it). Technically, a work is copyrighted to the creator at the time of its creation.
You really can't "stop" someone from the "act" of stealing your work. There are no "prevention" methods. Even a registered copyright or trademark can be stolen (and are stolen all the time).
Sure a copyright or trademark notice on a design will deter some people. But others may not care about that little notice or may be ignorant of what the rules are for using stuff they find.
The trick comes in getting them to stop using your copyrighted or trademarked work AFTER the fact.
If you just have a non-registered copyright, you have to figure out some way to prove that you created the work first. That way you can prove that you are the originator of the work and the copied work is indeed a copy.
The best way to do that is by registering the work with the copyright office (or in the case of trademarks, the trademark office). Then you have registered proof of the creation date and the copyright owner.
That will hold up much better when you contact the other party (or their host, or their printing company) to get them to stop using your work. If they don't stop, then that registered work will help you get damages in court.
Again, I'm not a lawyer, nor do I play one on TV
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