The Questions

I had chose questions that I had an idea of the answer too and some that I did not, just so that I could personally see where her thinking was coming from.  She answered all my questions easily and very precise using terms I had learned from the book and some I didn't.  The questions I came up with for the intellectual property concerning the fashion industry had to do out of my own inquisitiveness. I accustomed my questions around trademarks and copyright laws dealing with fashion design, since that is what we have been studying and this is the field I will be pursing. It is wise for me to know the laws in the industry I will have a career in and fully understand them. Currently, I am an hopeful designer for women's shoes and accessories. “As an alternative to seeking damages and profits, copyright who have timely registered their copyright may pursue statutory damages which can be awarded without any proof of harm or defendant’s profits.” (Patent, Copyright, and Trademark. Page 3281)thinking of brand names for quite a while now and coming up with a logo for my brand name that will stand out and set my merchandise in a caliber that once the client sees the logo they will know it’s my design. Now this is not quite the easiest task because I would be challenging with all high end luxury brands that have been established for more than a decade. “If you are concerned with a creation of your own, you’ll first need to know what form (or forms) of intellectual property applies to it.”(Patent, Copyright, and Trademark. Page 8)  So as a result, I asked questions about getting my brand name as a trademark. Also when running a fashion retail store, if I wanted to turn my store into a franchise business, what laws should I be aware of when I’m signing away rights for this to happen safe and successfully? I asked about how I would go about protecting my merchandise from infringement because we all know when it comes to luxury goods there are always fake products out there being sold for a cheaper value, and I wouldn't want that damaging my reputation of my brand.  "When an author independently creates a work, it is then considered original, even though it may be highly simular to another work created by someone else. (Patent, Copyright, and Trademark. Page 10)  Now those were some of my concerns after our interview that I called and asked her later.  Here are my original questions I came up with:

1. How long does it take to copyright a design?
2.How do I find out if a design has already been copyrighted?
3. How unique and different does a design have to be to call it your own?
4.Do you need a license to make and sell your own clothes?
5.Can you copyright a color?
6. What is the difference between a copyright and trademark
7.Is it legal to be fined for a offensive clothing for example sagging your pants too low?
8. What would be the first step to take if you think someone stole your design?
9. Do you have to get your design patented in every country you sell it in?
10. Are you allowed to imitate a brand?

I wanted to be sure about my limitations and laws regarding this topic so it is something I am aware of if I ever came across this situation. I think because of the fact that it is a public store and anyone can purchase these goods and it is my creativity putting these designs together and coming up with the original design it shouldn’t be an issue but I wanted to make sure.  "A statutory bar is any federal statutory provision that requires the U.S. Patent and Trademark Office or a court to disqualify an invention for a patent." (Patent, Copyright, and Trademark. Page 163)  I feel these questions could help for any artist in any field to understand their limitations because we are all creators of something. I never want to be in a situation where I am not aware of what’s going on around me because in reality this is something that could very well happen to anyone. Plus it’s better to be prepared for this just in case these negative situations happen. ”The Unites States passed legislation that allows a performer or record company to prevent the unauthorized recording of a live performance, even if the performer or record company does not own a copyright in any of the songs being performed” (Patent, Copyright, and Trademark. Page 219)