FBI Hosts Intellectual Property 101
Apparel makers and new designers gathered at the Fashion Business Inc.’s headquarters at The New Mart Jan. 9 for an intellectual-property seminar taught by attorney Greg Weisman, a partner at Los Angeles–based Silver & Freedman and head of the firm’s Apparel Industry Practice Group.
The two-hour class outlined intellectualproperty concerns, including trademark and copyright basics, how to choose and register a trademark, the use of celebrity images, and what items qualify for copyright protection. Whether a business is new or several years old, Weisman encouraged business owners to protect their brand and know their rights.
When choosing a brand name or “mark,” Weisman urged designers to consider whether their name is leaving them vulnerable to lawsuits later on. Coining a new word for their brand (agrave; la Pepsi or Kodak) is the safest route, because the chances are lower that anyone else is using the same name. Arbitrary names that have nothing to do with apparel—such as “Red Dragon”— are also good options. Harder to defend are descriptive names or generic names, he said. Designers should also be wary of naming their businesses after themselves, Weisman said, because designers can lose the right to use their names professionally should they leave the company or sell the business.
While brands are awarded some rights as soon as they begin using their marks, the highest level of protection is awarded to those who register their trademarks with the United States Patent and Trademark Office. Designers can search the USPTO’s database (www.uspto.gov) to see if their desired mark, or something similar to it, is being used. However, he warned that checking the USPTO database is just the beginning of the search. An attorney or a law firm such as Thompson & Thompson can be hired to do a more thorough search to see if the brand name or something similar is already being used.
The trademark-registration process can be done online and takes a minimum of 12 months, Weisman said.
“Once your name becomes a trademark, it becomes an asset that can be bought and sold,” he said.
Copyright protection does not apply to garment design, Weisman said, which is part of the reason knockoffs are so prevalent. Only very specific elements of a garment are eligible for copyrighting with the United States Copyright Office (www.copyright.gov), including original prints or graphics and some lace designs, flocking or embroidery.
Taking the correct steps early on to protect a trademark is the best defense against lawsuits, including infringement suits brought “by some guy selling socks out of Poughkeepsie under the same name” and larger brands that aggressively pursue litigation against competitors, Weisman said.
—Erin Barajas
