Comments on: Copy Cat Jewelry Designers

By: novella

novella — Sun, 21 Feb 2010 06:40:50 +0000

Can anyone point me in the right direction of a copyright / trademark lawyer in PA?

By: Barbara Murphy

Barbara Murphy — Fri, 05 Feb 2010 15:22:42 +0000

I must disagree with Nal’s assessment that it looks like Chanel is selling your design (and, by the way, I have no relationship to Chanel). Copyright laws do not protect ideas, but protect a specific expression of an idea. The most famous expression of the openwork graphic rose ‘idea’ (which is at least as similar to your design as the Chanel pendant) was produced by Charles Rennie Mackintosh over a hundred years ago. Numerous other expressions of that idea can be found in a simple google search. Copyright protects the specific design that you have produced – not the idea behind it. Ideas are protected by patents. I am currently a stay at home mom, but I’m a registered patent attorney and also practiced in the area of copyright and trademark law. It troubles me to see how much misinformation is being passed around about what copyright law protects and what it doesn’t protect – let’s try not to compound the problem.

By: nina

nina — Wed, 27 Jan 2010 17:38:36 +0000

You raise some good points that we discuss in more recent Copyright Posts. Registration is key and foreign copycats are the most pernicious. Thanks for the feedback and encouragement!

By: Nal

Nal — Tue, 26 Jan 2010 21:41:08 +0000

I agree, protecting your designs against non-US copiers is difficult, and maybe even close to impossible. I grew up working at my dad’s jewelry store, and as an attorney, I focus on protecting all artists’ rights, including those of jewelry designers’. I always tell my clients to register as many designs as possible with the copyright office, and to do so immediately! If Chanel is selling YOUR design (which it looks like they are), then they are probably selling it for a whole lot more than you sell it for. As the author of the design, you can get all the profits made off of your design, and then license them the right to continue selling it. That way, you can still get the benefits of their advertising and promotions while maintaining control over your design. Don’t give up just because it hasn’t worked once or twice! Your designs are beautiful, and most importantly, YOURS!