[Jewelry making - Article 01256] - Re: [Orchid] Copyright my line?

[Heather Magill]

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Hi SC,

    Having recently taken a seminar entitled "Protecting Your Brand-
    Trademark Policing Strategies and How to Avoid Litigation".  There
    are many ways to protect design. One is the copyright method
    (www.copyright.gov). There is also a business patent method (e.g..
    Amazon.com patented their one click order system) which may also be
    applicable.  And there is Design Patents which I believe have been
    discussed recently on the orchid list and you mentioned.  

    From your description is sounds like the Design Patent (US Patent
    Office) would be the most applicable.  

    However, what I got out of this seminar is... 

    What it comes down to is how much time and resources (i.e. money)
    you are willing to commit to protect the brand, design etc.  

    -- AND -- 

    Not all countries recognize a US patent or copyright (like China) so
    you'll need to patent and or copyright them in multiple countries if
    you think this will be an international item. But enforcement is
    still the issue. 

    If I had an idea I thought would be worth $500K or more I would
    probably consult an attorney who was familiar with this area and ask
    advice.  Otherwise it might not be cost effective. 

    Oh I should add that all work is copyrighted. But filing a copyright
    notice with the copyright office allows a person/company to seek
    redress in attorney's fees and damages if infringed upon. It also
    provides the legal grounds to prevent importation of infringing goods
    (at least I think that is the case). 

    And that is my $.02 worth.  Hope it was helpful, 

Heather.

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