# Protecting My Designs



## 1500 (Nov 20, 2010)

I've created an original design that I'm almost certain will be stolen outright or ripped off partially sometime in the future

I don't have the resources to fight a legal battle or to trademark the work. Therefore, what precautions can I take before I release this design?

As I understand copyrights, as soon as a work is published the owner has a copyright for it. However, how can I protect myself if someone later claims they created the design first?

Appreciate any advice.


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## kimura-mma (Jul 26, 2008)

If the design is a branded logo or features your brand name, then you can apply for a federal trademark registration.

If it is just a t-shirt design, then it is eligible for copyright.

As you said, your copyright ownership exists once the design is in fixed form. But for $35, you can apply for a federal copyright registration. This will put your ownership on public record. So if someone should ever claim they designed it first, you will have proof. And you will also have legal recourse if you find someone infringing on your design.

Unfortunately, if someone really wants to steal your design, they can. Copyright protection can sometimes be very loose. You cannot own the entire artistic concept, just your own interpretation of the concept. So if someone took the same idea but designed it differently, that could be completely legal.

The only way to effectively protect your design will be to actively and aggressively pursue legal action against any infringement.

So there really aren't any precautions you can take. The best thing to do is to release the design, make as much money as you can, then move on to a new design.


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## 1500 (Nov 20, 2010)

Great response. Thank you.

I will look into the federal copyright registration.

What is your take on the poor man's patent, i.e. mailing several copies of the design to myself?


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## kimura-mma (Jul 26, 2008)

A patent is something completely different. But "Poor Man's Copyright" holds no legal value in the US. If you're really worried about it, then it's worth the $35 for the copyright registration.

In my opinion, you should focus on producing, marketing and selling your design. By the time the design is valuable enough to steal, you would have already made your millions. Do you really want to start risking your money by fighting legal battles?


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## PositiveDave (Dec 1, 2008)

Mailing copies of the design to yourself just proves that the envelope has been in the mail. Otherwise someone could turn up with a date-stamped envelope with your design in it and sue you for infringement.
Just look at the clothes in chain stores after fashion week, stocked to the ceiling with rip-offs. If they can't protect their IP, what chance has the average t-shirt printer?


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## Embroideredgear (Oct 8, 2008)

Without a trademarked "BRAND" behind you. It is impossible. 
Read the Supreme Court decision of "Wal-Mart v Samara". A children's clothing retailer came to walmart with overalls with ducks, and balls embroidered on them. They were selling to JC Penny and other major retailers. They left the samples with the buyer. Walmart wanted to retail the product for something like $20. (and wanted a cost to support that). Samara said no, because JCP was retailing them for $35. So the buyer sent the samples to China and had them COPIED and sold in stores for $20. Samara sued. The supreme said there was nothing distinctive about balls and ducks on children's clothing. If you had a trademarked duck that would be different ( think Donald,Daffy,etc). But still your only recourse is to fight it out in court.


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## PowerPromotions (Dec 31, 2010)

I agree with some of the other posts. If it makes you feel better go for the po-boy patent. if you want do the $35 paper work go for it. understand though that having a copyright only gives you the right to defend said copyright. no one else will defend it and no one cares if it is infringed upon except you. 

get a great idea. be really aggressive online with your marketing. sell your thousands of shirts. let someone else rip it off. move on to next great idea


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