The latest fashion trends are always rapidly changing, and fashion designers are expected to keep up with their creativity. Since you work so hard to keep your designs and overall brand relevant in this ever-evolving marketplace, it is unfair when competitors do not put in the same effort and merely copy your original works. So, in order to take action against these copycats when necessary, you must take the right measures to legally protect your fashion. With that being said, please continue reading to learn how to protect your intellectual property in the fashion industry and how an experienced Essex County, New Jersey intellectual property lawyer at The Ingber Law Firm can help you take the appropriate steps.
What types of intellectual property are relevant to fashion designers?
As a fashion designer, you must be aware of the key strategies for protecting your intellectual property. The two most critical ways are through a trademark and a copyright. On the one hand, a trademark may protect your fashion brand’s identity, including your brand name, logo, slogans, and product labels. For example, the fashion brand Chanel has their name trademarked and the iconic double C logo on all its products. Even more specifically, certain product names like “No. 5” for one of their fragrances, along with the distinct bottle it is packaged in, have trademark protection.
On the other hand, a copyright may protect your creative fashion works, such as your original prints, sketches, and illustrations of fashion ideas, along with textile patterns, graphic designs incorporated into the fashion, etc. For example, say you want to incorporate a piece of art on a shirt in one of your fashion lines. Well, you may naturally start this creative process by hand-drawing a sketch of this artwork. And so, you may take measures to get their artistic element copyrighted. Importantly, though, you may not copyright the functional clothing item (i.e., the shirt design) you wish to place this artwork on.
What should I do to protect my intellectual property in the fashion industry?
Based on the examples provided above, you may conclude that the two most important initiatives all fashion designers must take are applying for trademarks and copyrights. For a trademark, you may apply through the United States Patent and Trademark Office’s (USPTO) Trademark Electronic Application System (TEAS). But before diving in, you should search through the USPTO database to confirm your desired name, logo, slogan, etc., is not already protected and in use. Also, once you do prepare your application, you must ensure that you correctly classify your mark for adequate protection in the future (i.e., fashion products like clothing, footwear, and headgear typically fall under Class 25).
As for a copyright, you may get automatic protection as the designer of an original work fixed in a tangible medium (i.e., a drawing, digital file, printed pattern). However, applying for a copyright with the United States Copyright Office is still highly recommended. This is because it grants you legal evidence of ownership that protects you against reproduction, distribution, display, and creation of derivative works without your explicit consent. In turn, you may be legally eligible to pursue a copyright infringement claim and hopefully collect statutory damages and attorney’s fees.
To conclude, there is no need to go through the important steps of filing an infringement claim and presenting your legal case alone. Please seek the support and assistance of a skilled Essex County, New Jersey intellectual property lawyer. Contact The Ingber Law Firm today.