Hi all,
I recently made a couple of ornamental things that were somewhat interesting. I showed them to some dealers and received a fair amount of interest.
I am wondering if there is any way to protect my idea or rather the utility of my idea.
I am thinking copyright or trademark. Has anyone else ever gone through this? IS it worth the effort? I have been involved in the patent process before and do not see this as an option.
Thanks in advance
Jim
Replies
Your the turned objects are already protected from copying by the copyright laws. You don't have to register with the copyright office. The only benefit of registration is to preempt a dispute with someone who later claims that he/she created an identical object first. Registration trumps all later claims.
But the copyright laws only protect you from copying. Unlike patent protection, copyrights don't protect the idea behind the turnings. Someone can lawfully use the idea to create a different (i.e. non-copied) turned object.
I wouldn't lose a lot of sleep over it. If your turnings are wildly successful and make you rich beyond your wildest dreams, you will be able to afford a good lawyer to scare off any would be hacks that try to copy your wares. If you aren't wildly successful, no one will bother copying them.
Probably the best you can do is give them a unique name which you can register for a copyright. Beyond that I agree that you cannot really protect them from anyone copying them. There are stories about that anything that is successful like this and is reproducible will be copied by a Chinese factory in short order. The value of a trademark, copyright or patent even is only in your ability to spend the money for lawyers to pursue the claims of infringement in court. Without this it is only a nice piece of paper to frame and put on the wall. I worked for a major pharmaceutical company and we maintained a large office of patent litigators with many outside counsel just to protect our claims. It was very expensive.
Thanks for the info.
I guess I'll let it be and see what develops
jim
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