Normally I like to put the title of the book I’m reading in the title of the post, but The Entrepreneur’s Guide to Patents, Copyrights, Trademarks, Trade Secrets, & Licensing seemed a little wordy. Long title aside, this is an excellent book that really highlighted the differences between copyright, trademarks, and patents. If you run any kind of creative business, I highly recommend that you read this book. As I read, I was able to clearly apply the discussions to my own work.
Here’s a little summary, and how it applies to my work:
Trademarks
Trademarks cover the source of the product, not the product itself (even though we might call a product by its trademark name). One example is that Twinkie is the source of a snack cake (ie. Twinkie brand snack cake). Coca-Cola is the brand of soda, etc.
It is difficult to trademark a “weak” mark – meaning a trademark that is purely descriptive of a product. The “strongest” marks are those that have no relation to the products being sold. (Such as Apple computers.) Which means I would have a difficult time trademarking cozy/cuff – its really just a descriptive name. If I wanted to trademark cozy/cuff, I’d have to prove secondary meaning – basically, that I’ve used the name so much that it is now synonymous with only my brand. That takes time to establish, so for now, no trademarking of cozy/cuff.
Copyrights
This is the area where I though I understood the most, but it turns out I still have so much to learn. Did you know that you can’t copyright useful things? Copyrights are meant to protect expressive works. However, there is a blurry boundary between creative and useful objects and copyright can cover certain aspects of a useful object.
According to the book, “Copyright is best suited for art that appears on functional objects such as a design or ornamentation that is not part of the physical, functional structure of the object.” This really struck me, because one of the ideas I work with is that surface is structure, that the pattern designs become the objects themselves.
I’ve already filed for a copyright for the cozy/cuff, and ultimately, this should give me some level of protection if someone were to copy my idea directly. But if copyrights don’t cover it, then what’s left?
Design Patents
The other option is to file for a design patent. “Design patents are best suited for protecting the shape and appearance of useful objects such as perfume bottles bottles, furniture, cars, and appliances, which have designs that have commercial and economic value.” This does seem much more applicable to my work. However, while easier to apply for than a traditional patent, design patents are still difficult to obtain and expensive. Based on the costs on the PTO website, it would cost over $600 dollars to apply for a design patent, plus over $3,000 in maintenance fees over the next 12 years. And those are the reduced rates for small businesses! And you must apply for a design patent within one year of an object being sold or used.
Unfair Competition
After reading most of the book, it did seem like there were still a lot of opportunities to have others steal your ideas or designs. Fortunately, there is one more method of legal recourse – which is unfair competition. This affords some protection for someone who is copying aspects of your design in such a way that (while not covered under copyright, trademark, or patent) that seeks to confuse the public on the identity and source of the product. This should offer some means of protection over someone trying to co-opt your entire brand identity as their own. (At least I hope this is the case).
One last thing I learned from the book is no matter what form of intellectual property law you are covered under, you must constantly police for infringers of your work.
This is just a small snippet of the information covered in this book, and some of the ways I’ve applied it to my situation. This book is a worthwhile (and easy) read – its not too legal-jargon-y, and really helped me understand the differences between copyright, trademark, and patents.
happy earth day + green cozy/cuffs
Happy Earth Day! Tree Hugger has a list of things not to do today, and one is don’t spend all day on your computer. Get outside!
But before your do, just in time for Earth Day, the cozy/cuffs are now available in two shades of green. (Plus a new light grey). You can pick them up right here.
I’ve still got one more new cozy/cuff color to list in the shop, but I’ll save that for later today. Now go spend some time outside!
mock-ups
I sort of fell behind on the four week marketing project in all the preparations for our San Francisco trip, but I’m quickly getting back on track. This morning I photographed all the new cozy/cuff colors and re-photographed the grey and black so that all the images were consistent.
After a lengthy photo-editing session, I started working on my mini-catalog. Its in the form of a little accordion fold-out booklet. I decided to keep the catalog simple and graphic, with the focus on the images. When I send them to retailers, I’ll include a cover letter and info sheet. I’ve still got a few minor changes to make, but I need to order them from the printer in the next day or two. What do you think?
Working on the mini-catalog also gave me an idea for the layout of the website. I did this quick little mock-up in Illustrator, but I’ve still got to build the whole website. So more to come on that later…
tina frey
Tina Frey makes gorgeous resin jewelry and home goods. At the SFMOMA trunk show, I was lucky enough to trade with her for this necklace. Thanks Tina!
Be sure to check out Tina’s website – I love the way she makes a variety of products, but her line is so clearly hers.
more San Francisco pics
I’ve uploaded the rest of my images from our San Francisco trip to flickr. You can view the full set here.
A few of my faves:
another use for the cozy/cuff
If the idea of using a cozy/cuff around your disposable cup doesn’t work for you, you can always take this example from the lovely Tara of Ink + Wit and use your cozy/cuff on your SIGG bottle to carry hot beverages.
Thanks to Tara for sharing this on her blog!
And don’t forget, you still have a few more days to suggest a retailer and be entered to win a cozy/cuff of your own.
home at last
We’re finally home from a lovely few days in San Francisco. (Although a less than lovely set of flights home.) The weather was absolutely gorgeous. I didn’t want to leave, especially to arrive home to rain and 40 degree temps.
I’ve got a lot more pics to upload from my DSLR, but unfortunately, one of the down sides to running your own business is that when you take a vacation, there is no one to help pick up the slack. So now I’ve got to spend the rest of the day catching up on emails/phone calls/etc. (And perhaps taking a nap – I hate taking an overnight flight!)
hi from San Francisco
Joe and I are in San Francisco this week, leading up to the SFMOMA Jewelry Trunk Show on Saturday. I just wanted to pop in and say hi, and share the view from the restaurant we ate lunch at yesterday. It was a typical little diner, but you can’t beat the view. I took this from our table – and we even saw whales while we ate!
I hope everyone’s weekend is shaping up to be as nice as mine. And if you’re in the bay area, be sure to stop by the trunk show on Saturday and say hi!
tease
Just got these in the mail – lovely COLOR in time for spring (but not available for sale yet)…
And don’t forget to suggest a retailer and be entered for a chance to win a cozy/cuff of your very own. (Thanks for all the wonderful suggestions so far!)
Have a lovely spring weekend!
suggest a retailer for the cozy/cuff
Is there a retailer in your area that would be a good fit for the cozy/cuff? I’m looking for coffee shops, design stores, indie boutiques, or any other store that might carry the cozy/cuff.
If you’ve got a suggestion, please leave a comment with:
-the name of the store
-store address (at least city and state)
-web site (if they’ve got one)
-any other info about the store
If you don’t want to leave the info in the comments, you can always email me at meauman(at)yahoo(dot)com.
And in case you really need a reason to suggest a retailer, I’ll choose one lucky commenter (or emailer) on April 24 to receive a cozy/cuff of their very own!
- « Previous Page
- 1
- …
- 110
- 111
- 112
- 113
- 114
- …
- 159
- Next Page »