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copywright, or trademark protection for each & every design?

1806 Views 8 Replies 5 Participants Last post by  Swing Easy
Yo everybody out there it's me Ole' Grande it's been long time I know been busy working trying 2 make some endz 4 my jump-off I miss u guyz 2. The ? I have 4 now iz would I have 2 get copywrite, or trademark protection 4 each & every design I put out or could I just protect my label name & all the designs under it will appreciate any good honest response 4 any who may hold the answer 2 this sacred trove of knowledge Thanx once again au revoir
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Hi John, to be able to sue for damages in a copyright infringement case, yes, you would need to register a copyright for each of your designs.

Not all designs can be trademarked (or have to), and not all designs can by copyrighted. You can find out more about each by following the Copyright Info and Trademark Info links under the RESOURCE menu in the left hand navigation menu of this site.

There's also good information about it in this thread:
http://www.t-shirtforums.com/showthread.php?t=1459
Rodney said:
Hi John, to be able to sue for damages in a copyright infringement case, yes, you would need to register a copyright for each of your designs.
So putting a few designs together in a book and copyrighting that wouldn't entitle you to legal recourse with regards to $$$ damages? I thought it would make it more difficult, yes, but not impossible.
So putting a few designs together in a book and copyrighting that wouldn't entitle you to legal recourse with regards to $$$ damages?
I couldn't advise you on that :) Sounds like a question for the copyright office directly (or an trademark/copyright attorney)

I've heard of people "suggesting" that method, but I don't know of anybody that has researched it and found "proof" that it is a viable option for protecting mutiple t-shirt works.
my philosophy on stolen art, although ive never really experienced it, and if i did i would probably change my attitude

its hard enough to try to make money selling ones own design, if someone can steal my work and make good money off it, id really would like to pick apart their strategy before i go bustin on em.

but again, ive never experienced it.. so id probably be angry if i did find stolen art. still... i think people worry too much. you should be worrying about making the dees.
jimiyo said:
its hard enough to try to make money selling ones own design, if someone can steal my work and make good money off it, id really would like to pick apart their strategy before i go bustin on em.
Depending on the company their strategy may just be to be a lot bigger than you. Urban Outfitters have been involved in many copyright controversies (which is a nice way of saying they rip a lot of people off). They have a huge advertising budget and sales platform (i.e. their stores), so they can easily put a product in front of someone and get it sold (though less so lately apparently). Their methods are not necessarily accessible to the average small business.
There was an issue of Urban Outfitters stealing a design featuring cupcakes being dropped from a b52 bomber (I think), about a year or two ago. I just remember an article in the NY Times where this poor guy had been approached by Urban Outfitters for this design, but he said no, as he wanted to build his brand slowly in the boutiques to avoid overexposure. Urban Outfitters just tweaked the design in the most insignificant way and sold it as their own. The artist had no ability to hire a lawyer that could take them on, so he just had to eat it. Scumbags.
That was Johnny Cupcakes, whose sales are projected to reach $1,200,000 this year. It was more than an insignificant tweak in that they made their own version from scratch, but it was exactly the same idea (i.e. a bomber dropping cupcakes, gaudy colours, etc.). They've done worse to smaller (not that what they did to Johnny was okay).
Solmu said:
That was Johnny Cupcakes, whose sales are projected to reach $1,200,000 this year. It was more than an insignificant tweak in that they made their own version from scratch, but it was exactly the same idea (i.e. a bomber dropping cupcakes, gaudy colours, etc.). They've done worse to smaller (not that what they did to Johnny was okay).
To me it's insignificant. OK, he had one plane so they googled another and stuck it in. It's a WWII plane dropping a stream of cupcakes. They adjusted the hue/saturation a little. I mean, seriously. If I could do this type of tweaking to Beatles and Rolling Stones songs and get away with it I'd be hailed as the greatest pop songwriter in history.
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