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[Yummy]

I have a few ideas for phrases to put on a shirt, but I don't want other people stealing them.  Is a copywright what I need, or something else?  Also, should I even bother with legal protection?

[M_Arthur_Auslander]

Dear Yummy,

You have a toughy to protect. A trademark is the best route but it has to be used as a trademark. I'm working on one right now for a client.

[Yummy]

Thanks for the responce, I also have another question.  How do I use it as a trademark?  I was simply planing on selling the shirts online with the phrase on it.

[M_Arthur_Auslander]

Dear Yummy,

It can be done, there are risks.

Going over the story, sentence by sentence to get a clear picture takes a lot of time and writing.


There are NO simple solutions. That's what keeps lawyers in business whether you like it or not.

[eric_stasik]

dear yummy,

mr. auslander is correct: communcations with an attorney cost money. usually lots of it.

the USPTO (us patent and trademark office) has a reasonably decent website which answers many of the basic questions regarding patents and trademarks.

http://www.uspto.gov/web/offices/tac/doc/basic/

ditto the canadian intellectual property office

http://cipo.gc.ca/

there are also about a bajillion intellectual property law firms with websites filled with all sorts of interesting information on trademarks.

google first, spend money later.  

without knowing any of the details, slogans have a pretty short half-life. you should probably be less worried about preventing others from copying your success than achieving success in the first place.

being first to market is often where most of the money is. get out there first, make your money, and don't waste your profits on attorneys fees fighting over the scraps.

hope this is helpful.

regards,

[Yummy]

Thanks again for your time.  Basicly what I want to do is make a sight like this one (but with different shirts):

www.tshirthell.com

What I'm wondering is how the prevent others from takeing there ideas, and what they are copyrighting when there main page has a copyright on it.

[eric_stasik]

dear yummy,

"Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents" cannot be copyrighted.

http://www.copyright.gov/circs/circ1.html

regards,

[M_Arthur_Auslander]

Dear Mr. Stasik,

While it is true that lawyers can be expensive, if you want commericial sucess, it is adviseable to pay the price.

The problem is that it is difficult to know if you are dealing with a lawyer that is working for you as distinguished from one working for the fee.

It is not the cost of the lawyer that is the question but the focus. Yes, it is easy to get stung by a lawyer both as to price and skill. The is the fault of the client too.

My crusade to help clients focus inexpensively has not been rewarding. I doubt if I have earned much more on the Reality CheckŪ then I have paid in filing fees.

[eric_stasik]

Dear Mr. Auslander,

Sir, I fully appreciate there is a difference between a "lawyer that is working for you as distinguished from one working for the fee." I accept without question your own assertion that you are one of the former.

My point is that people should first ask themselves whether or not they need to contact a lawyer at all. Suffering the expense to file an application for patent or registering a copyright is primarily a business decision, not a legal one.

While some lawyers may be able to offer business advice, this is like asking a doctor about medical investments in the stock market. A few rare physicians may be able to provide good stock tips, but doctors are mainly to be consulted for medical advice. Similarly, my position is that lawyers should be consulted for legal advice. Nothing else. The principal questions to be posed to a IP lawyer are:

can I get a patent on my invention?

can I copyright my creation?

can I apply for trademark protection?

how can I get a patent on my invention?

how can I protect my creation with copyright?

etc.

Asking a lawyer, "SHOULD I file a patent?" or "should I apply for a trademark?" seems to me to be asking him to answer questions well outside his scope of professional training and responsibilty.

Moreover, as you intimate, lawyers who make their living from preparing and prosecuting applications have a severe conflict of interest in providing this business advice to their clients.

This is the principal reason why I do not in my practice prepare and file applications. By not burdening my business advice with my own self-interest I am never confronted by such conflict.

Regards,

[M_Arthur_Auslander]

Dear Mr. Stasik,

Lawyers are a necessary evil. You can't live with them and you can't live without them.

The trick is to find a lawyer you can trust. It is the same with doctors. With care I have been able to find Doctors that can be trusted, who don't take advantage and know what they are doing.