Rule of Law

The questions I posed during my interviews were like a soup recipe.  Some parts copyright, one part infringement, three parts trademark and a dash of damages.  The sum of which will be disclosed accordingly in the coming paragraphs.

When posting pictures of my handbags on my website, I discovered that as long as the page is copyrighted and so is the trademark, then they are protected should I discover them on another website- meaning, the “copyright gives the owner of a creative work the right to keep others from unauthorized use of the work” (Stim, pg. 197).  In addition, if I am pitching my purse line to potential investors, and I do not want to run the risk of my works being ripped off before I can file an Intent-to-use trademark (ITU), which would make it easier “to protect it against would-be copiers” (Stim, pg. 383). I was also advised that I should have a nondisclosure agreement at the end of my presentation as “a necessary element to claiming legal protection” (Stim, pg. 550).

Concerning the materials used to construct my purses, I needed to be certain that I wasn’t in violation of possible infringement in relation to licensed patented items. “The owner of a mark grants a ‘license’ when the owner authorizes another party to use the mark for commercial purposes” (Stim, pg. 457).  Although the items I use from fabric stores (handles, fasteners, zippers) are under the auspices that the buyer will use them for personal use, they are not mandated for distribution under a trademarked name without their consent.  What that means for me is that I will need to contact a distributor who I will enter an agreement that I will use their hardware for my garments exclusively.

                

In regards to establishing an identifier to my handbags specifically, I was told that getting a trademark for my brand name, and affixing said label to my purses, would increase protection against counterfeiting  which is the “act of making or selling [lookalikegoods]” (Stim, pg. 407). Further still, I plan on documenting and assigning a serial number to each purse to fortify the authenticity of my handbags.  A registry would also be in place so that the consumer would only need to look up their serial number to match the documented item in their possession. 

I also took into consideration whether my trademark could be used even if the name exists in a different utility. “The USPTO uses the International Schedule of Classes of Goods and Services to group related goods.  This helps them make appropriate comparisons of the mark” (Stim, pg. 505). So the bottom line is that as long as my trademark falls under a different sub-section, I am virtually covered.

                

Lastly, I inquired about seeking damages if I had a showcase of my handbags at a gallery with several signs posting ‘No Photography Please’, yet found images of my handbags on a blog or website.  Because my explicit consent was not given, then the potential recourse is to have an attorney send a letter to cease and desist, which “typically informs the alleged infringer of the validity of ownership of the copyrighted work, the nature of the infringement, and the remedies that are available to the copyright holder unless the infringement is halted” (Stim, pg. 220).