mndsm
mndsm MegaDork
12/19/14 10:45 a.m.

Anyone ever done this? With the proliferation of people requesting items and designs, I am beginning to think its time I copyright grocery life. I don't really expect much to come out of it, however- its grown on its own far further than anticipated, and I might as well secure it for myself. So.... Wwgrmd and so on?

Dr. Hess
Dr. Hess MegaDork
12/19/14 10:56 a.m.

There are IP lawyers here. Maybe one will answer. Maybe not, you know how lawyers are. Anyway, copyrighting something is fairly straight forward. Google it up. There's probably a you toobe on how to download the forms from the feds.

bludroptop
bludroptop UltraDork
12/19/14 11:03 a.m.

I believe that something you write is protected by copyright automatically.

Sounds like you are looking to protect a trademark, which is a different animal.

WOOP, WOOP, WOOP, WARNING - YOU HAVE EXCEEDED BDT'S KNOWLEDGE BASE - PLEASE CONSULT SOMEONE WHO KNOWS WHAT HE'S TALKING ABOUT - WOOP, WOOP WOOP!

kylini
kylini Reader
12/19/14 11:56 a.m.

Copyright applies to creative creations and is automatic. You don't obtain or lose copyright; you simply have it until it enters the public domain as dictated by law. Like other legal protections, copyright can be sold, transferred, or contractually negotiated. Copyright works can be officially registered for extra protections, but that only begins to matter if your artwork has national appeal.

Trademark applies to the branding of an existing or soon to be existing trade, business, etc. Trademark is a use it or lose it affair; if you aren't in business under your trademark, it can be lost. Trademark is a defend it or lose it affair; if everyone and their mother calls it a Kleenex, it can be lost. Trademarks are meant to be exclusive and specific; it cannot infringe on an existing business in your state of business without contractual negotiations (for example, Sanctuary Pub in Iowa City can't use the name Sanctuary in other states because those bars already exist). Trademarks don't exist until you register them. They aren't automatic and being first doesn't matter unless you register.

Patents are crazy. I could make 6 figures and get free law school if I felt like reading hundreds of patents daily just to help guide clients on whether or not their potential invention really is patentable. All I can really say is that patents are also competitive in terms of prior art and application time.

bearmtnmartin
bearmtnmartin Dork
12/19/14 12:03 p.m.

I registered a trademark for my business name and logo. It took a year and now I get to put a little r with a circle after everything. Beyond that my life did not change much.

Dr. Hess
Dr. Hess MegaDork
12/19/14 12:11 p.m.

I have a patent. I'm not proud of it.

mndsm
mndsm MegaDork
12/19/14 1:03 p.m.

So..... Skip it? I don't wamt the stsncetards wheezing my juice.

racerdave600
racerdave600 SuperDork
12/19/14 1:48 p.m.

We have quite a few patents here, but they are VERY difficult to get. There good and bad lawyers, and it definitely pays to go with a good one, no matter what the cost. We've successfully defended them several times, but only because they were written correctly, unlike many that are filed.

But...it sounds like you need a trademark not a copyright or patent. I had one of those for my old business name, and it really didn't work well. You have to actively go after those that might use it, and of course that takes money. I had someone steal my name, right down to the font and color.

kylini
kylini Reader
12/19/14 2:22 p.m.
mndsm wrote: So..... Skip it? I don't wamt the stsncetards wheezing my juice.

You still haven't said what you're registering. What is "Grocery Life"? If it's just two words, it's nothing (not art; not copyright). If it's a sticker design, it's probably still nothing (probably not art but you could claim copyright, at which point any design that's different enough passes muster). If it's a genuine product line that you're actually selling and running a business under, then it's everything (that's trademark, not copyright).

Swank Force One
Swank Force One MegaDork
12/19/14 2:23 p.m.

Two word and a logo. Merchandise is a yes, even if it's "just" vinyls and stickers at the moment.

kylini
kylini Reader
12/19/14 2:33 p.m.

At that point, I would talk with a real lawyer who specializes in intellectual property. They're not terribly expensive if you're realistic about what you want out of the deal. You won't get an attack dog but you might get enough legal credibility to get it registered properly (copyright/trademark/whatever) and to get a form cease & desist letter that has the appropriate threats for if and when you find people taking your design.

Worst case, they tell you not to worry about it over the phone for free. Best case, you're out a few hundred dollars and have a form letter and the appropriate documentation to secure your brand/logo/sticker.

P.S.: once again I sound suspiciously competent in this subject area but I'm just a dude on the internet. I am not a lawyer/law student/frequent flyer at the courthouse/repeat offender/etc. I just absorb random crap.

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