# Copyright? Trademark? Patent?



## BigDreamz (May 23, 2011)

I have some nice designs that i would love to start my apparel company with.

I have been progressing a lot with my ideas and work in the past couple weeks, telling my friends all about what my plans are and advertising through them even.

Everything is going smoothly other then this big question mark in my head. The questions of what do i need to do so I don't release my apparel to the public and soon enough i see its being stolen.

Please give me all the input you can give me on the best way about starting up my company and selling it to the public. I wanted to start a website and sell online. (i have a lot of advertising going on that I could get the people a website for my clothes) Problem is i figured the web is where people can steal ideas easily.

Thanks for all the help

Chris Westover


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## kimura-mma (Jul 26, 2008)

If your top priority is to keep your ideas safe, then just keep them to yourself and never release them to the public.

If you decide that your top priority is making money by selling t-shirts, then you need to understand that releasing them to the public is a necessity. And while there may be risk, there are also rewards. So focus on the actual selling of your shirts and not the theoretical stealing of your ideas.

The reality is, there is nothing you can do to prevent your intellectual property from being stolen. You can apply for the proper legal registrations that offer you legal recourse in the event of infringement. But nothing is automatic. It will be up to you to enforce your registrations by actively and aggressively taking legal action against infringement.

To answer the question in your thread title...
Copyright is for works of art, such as t-shirt designs. You can register your designs at U.S. Copyright Office.

Trademarks are for brand names and logos. You can register your brand name or logo at United States Patent and Trademark Office.

Patents are for inventions. You can register your invention at United States Patent and Trademark Office.


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## PositiveDave (Dec 1, 2008)

You do not put print-ready images on the web. Use low resolution.
You can watermark your images so can tell whether they have been stolen.
You cannot stop the copying of an idea (or inspiration to give it it's polite title). Look at the fashion shows, rip-offs hit the High St. within a week.


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## BigDreamz (May 23, 2011)

Thanks guys for the input,
It helps a lot reading this stuff being a beginner to this and all. I am going to do more research on what you said about the copyright stuff and see where i need to go from there. I would definetly like to get my stuff to the public, and i guess its a risk worth taking.

Its lame how people like to steal ideas! haha, i guess people in this world are always trying to make the easiest way of making money, even if it brings us true designers down 

Oh and kimura-mma thanks for the link to the U.S. Copyright Office, I still have to go check that all out, do u know if i register and qualify for a copyright will it cost me?

thanks again


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## kimura-mma (Jul 26, 2008)

Copyright registrations are $35 per submission.


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## barcelona10 (Apr 15, 2011)

So when i do a design of nay kind for a shirt,and i go to save it in the software i have it has box for a watermark,whats that?


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## PositiveDave (Dec 1, 2008)

A watermark is a distortion of the image, usually with a logo or serial no. that is hard to remove but doesn't detract too much from the photo. If the image is stolen it can be identified.
Not sure how effective it might be?
If the photo is stolen, it's up to you to sue for copyright infringement in the country where the server is based.
Good luck with that one.


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## kimura-mma (Jul 26, 2008)

A watermarks is an image or text that overlays your design or photo to alert users that you are claiming ownership of the work. If a user tries to steal the image and use it, the watermark makes it difficult because they would need to erase it or recreate the art.


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## barcelona10 (Apr 15, 2011)

Oh ok but when i go to send it to lets say transfer express to make into a transfer,they can do it without the water mark on the transfer?


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## kimura-mma (Jul 26, 2008)

If you give them artwork that has a watermark on it, they are going to produce your transfers with a watermark on it. Take the watermark off when you are giving it to anyone who you are authorizing to produce the artwork.


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## barcelona10 (Apr 15, 2011)

I just resaved one of the designs i had and i added the watermark and i do see where that helps so nobody can steal your design,but after i opened th e saved design it did not have the fulL design.THE ONE WITHOUT THE MAN KICKING IS THE ONE WITH WATERMARK!!TELL ME IF YOU CAN SEE THE PICS I UPLOADED?


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## veedub3 (Mar 29, 2007)

barcelona10 said:


> I just resaved one of the designs i had and i added the watermark and i do see where that helps so nobody can steal your design,but after i opened th e saved design it did not have the fulL design.THE ONE WITHOUT THE MAN KICKING IS THE ONE WITH WATERMARK!!TELL ME IF YOU CAN SEE THE PICS I UPLOADED?



I can see the faint watermark in the red lettering but with the way that design is made and where you have the watermark, a novice would have no problem stealing it. Also keep in mind that even with a watermark, if a person is savy enough, they can still get the design, watermarking is not full proof.


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## barcelona10 (Apr 15, 2011)

Thats just where the watermark gets put on,i dont put it on there.what would you suggest and what do you mean with the way the design is made?


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## kimura-mma (Jul 26, 2008)

What is it that you are trying to accomplish by adding the watermark?

If you are sending art to a print shop, do not include a watermark.

If you are uploading an image to your website, it's optional to include the watermark. It's important to allow customers to see the design. But you don't want to make it easy for someone to steal and reproduce.

I wouldn't spend too much time worrying about this. The design is so simple, it can be easily recreated even with a very limited skill set in designing. The watermark just isn't serving much of a purpose at all.


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## barcelona10 (Apr 15, 2011)

YEAH I DONT WORRY ABOUT ANYONE USING THE DESIGN I JUST WANTED TO KNOW WHAT THAT WAS AND LOOKING AT IT IT MIGHT MAKE MY WEBSITE LOOK MORE PRO!but just to be sure,when i add the watermark,it wont show the full design of any kind?


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## kimura-mma (Jul 26, 2008)

Hard to say for sure since I don't know how you are creating the watermark and with what program. But it appears to not be showing the full image when you add the watermark.


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## barcelona10 (Apr 15, 2011)

Is called cadworx live.


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## kimura-mma (Jul 26, 2008)

Not familiar with it. Try looking through the help files or search online. Maybe there are settings that are affecting the image's appearance when you add the watermark.


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## BigDreamz (May 23, 2011)

Once i make a website i may consider watermarking things, not sure if i can afford the extra 35 dollars per to start.

I just gotta make sure to keep my designs at low res as well.


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## barcelona10 (Apr 15, 2011)

so if you make them low res,when and if you send them out to make tranfers,you have to change res?


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## kimura-mma (Jul 26, 2008)

BigDreamz said:


> not sure if i can afford the extra 35 dollars per to start.


You can actually create a book of your designs. Then copyright the book. This will allow you to copyright all of your designs under one submission (and payment).


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## kimura-mma (Jul 26, 2008)

barcelona10 said:


> so if you make them low res,when and if you send them out to make tranfers,you have to change res?


Low res should be used for websites. High res should be used for production.

For the type of designs you are doing, you should be using a vector program (not raster) to create your print ready artwork. So resolution should not matter as vector artwork is infinitely scalable.


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## barcelona10 (Apr 15, 2011)

is that software answer for me?and if it is,i thought you could use any software for any design?


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## kimura-mma (Jul 26, 2008)

barcelona10 said:


> is that software answer for me?


I don't really know what the question is. So far in this thread you have asked about watermarks and resolution. If you are trying to get transfers made, you don't need to worry about either. Talk to the printer and ask for a spec sheet. This will describe how you should be setting up the files.



barcelona10 said:


> and if it is,i thought you could use any software for any design?


It depends on what you are doing with the artwork.

Most screen printers will require vector art. Some can accept raster art and will either use the raster art or convert it to vector.

If you are using an ink jet printer, raster or vector art will be fine. But when using raster art, you need to use high resolution files to ensure good quality.


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## Riderz Ready (Sep 18, 2008)

You will 100 times more profitable if you take all the time spent worrying and copyrighting your ideas and use it in sales and marketing.

We all in the beginning think that we have to protect our designs from the evil world but it is time and money wasted. SELL SELL SELL


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## kimura-mma (Jul 26, 2008)

CanadaCraig said:


> That said - can a person trademark something that has been officially copyrighted?


Probably not. Works that are eligible for copyright usually will not fall under the eligibility requirements for a trademark registration.

But if you are using a brand name within your design, your copyright registration does not grant you broad protection rights to the name. So the brand name can still be trademarked.


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