So I was doing some due dilligence (aka, trying not to freak out) on behalf of the Tres Ladies venture, and after speaking with a couple of trademark and copyright attorneys I learned/re-learned the following. And guess what, since I’m not a lawyer I can share my random notes/interpretations because this isn’t legal advice. Cool, huh?
- you can’t protect an idea, suckas!
- you’re pretty much screwed when/if you’re the little guy (something i saw unfairly happen time and time again in my previous jobs)—my interpretation
- copyright is inherent to your designs when you “publish” them, and it’s not too late to file for a formal copyright if/when you decide to take someone to court for infringement
- you better not send a cease & desist letter unless you mean business, and business means big $$$
- a patent takes an average of 33 months from start to finish nowadays–thanks uspto
- it sometimes takes the little guy 3-4 years to establish their tradedress, so i’ve got work to do
And finally, I learned what we all know but sometimes neglect…the world is about who you know. I got in touch with a fantastic attorney that speaks my language and understands my world through a women’s entrepreneurial incubator I participated in. Those five weeks of homework and long meetings were absolutely worth every thought, penny, and minute invested. She even pointed me to an awesome blog where I’m hoping Tres Ladies will make an appearance: NonSociety. They livecast instead of blog, and it’s so my way of thinking. Love it!
