The Questions

The questions for the final project interviews were derived from my personal curiosities about IP laws.  The task was to compose questions in a manner that addressed the degree program that each student is studying.  I tailored my questions around trademarks and copyrights for fashion design. 

Currently, I am an aspiring fashion designer of ladies handbags and have been toying with brand names and how to go about “stamping” my creations in a way that will be clever and set me apart from the competition.  Not an easy chore.  So as a result, I asked questions about registering my brand name as a trademark, and where one goes to see if the name is already spoken for/registered.  I inquired about how I would go about protecting my goods from infringement on the internet, counterfeiting and when I’m pitching my works to potential investors.  In addition, I was curious about potential infringement of my own doing.  As it stands, I use fabric, hardware and notions from fabric stores to create my handbags and wanted to ensure that I am not infringing on any of the designs or patents that may be in place.  It is one thing to be ignorant of infringement when making and selling goods, and it’s another if one is found to be willfully infringing where they are “deliberately and in ‘wanton disregard’ of the patent owner’s rights”, (Stim, pg. 148).  In either event, I wanted to be clear about what my limitations were in this regard and not be an offender, albeit knowingly, or not.

These questions helped to hone in on the important legalities that artists and creators face when selling and distributing their goods.  I asked questions that I have had for some time now and it was reassuring to have answers to them at last.  I never want to be in a situation where I must pay damages or have to seek them from others, but the reality is that this business is very convoluted when it comes to some of the parameters; furthermore, it is fortuitous to be able to gain knowledge before potentially negative consequences arise.

Final Project Questions

1. If I post pictures of my handbags on my website, are they protected from infringement if I discover them posted on another website? If so, how do I protect them?

2. What is the best defense against counterfeiting of my goods? In other words, should I document only that which I make? A registration system?

3. I plan on releasing only a select amount of handbags annually as part of my sales strategy. I plan on using a serial number to verify authenticity and intend to have an online registrar, with a photo identification attached, as a way to deter imitation. What might be some other ways I can deter others from imitating my system?

4. Is there an issue if my brand name is also found in a different utility? For instance, if my label was NV for clothing and the diet pill NV also exists, what are the potential ramifications?

5. How do I find out if my brand name is already registered and/or in existence locally? Internationally?

6. How much does it cost to keep a lawyer on a retainer for legal advice?

7. If I’m using notions from a fabric store (handles, clasps, buttons, etc.) and sell my handbags online and in stores, am I violating any laws that would be considered infringement on their goods/designs?

8. If I am pitching a presentation to potential investors or a design company, what can I do to keep others from “ripping off” my designs and recreating them for themselves?

9. If I have employees, what is the form or document called that protects what goods they create under my name? Essentially, what is the binding agreement that what they create for me is my property/creation?

10. Can I seek damages if I have a gallery showcase that explicitly states ‘No Photography’, but then find pictures of my showcased handbags on a blog or internet website, and my express permission or consent was not given?