QUESTION
Question about my intellectual property:
Asked on Nov 07th, 2011 on Intellectual Property - Florida
More details to this question:
My original handbag product was recently showcased on The Nate Berkus Show and my bag went uncredited even though the credit information was disclosed to them by my publicist before they went on the air. As a result, the bag is now some anonymous display. The fashion industry is very prevalent on copying other designer''s products and with this clear display of my intellectual property as an anonymous entity it leaves my design very open to intellectual property infringement. My sister even posted a credit on their Facebook but they took it down. Next, I requested that my publicist demand that they credit my work on their website but she claims that there is nothing we can do. I''m very appalled by this since I loaned them my bag in the first place. What can I do?
1 ANSWER
Business Law Attorney serving Cincinnati, OH
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Cors & Bassett, LLC
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Unfortunately, there is no copyright protection for handbags or any designs for dresses, shoes, belts or other useful articles. Therefore, a person loaning a fashion product, whether it is apparel or an accessory, to The Nate Berkus Show cannot sue the Show for copyright infringement for displaying their product. However, there is trademark protection for trademarks that are used on articles of clothing and accessories. An example is the trademark of 4 C's for Coach leather goods, the interlocking C's for Chanel, the interlocking LV for Louis Vuitton, and the polo player and horse for Ralph Lauren clothing and accessories. If your handbag had your trademark displayed as part of the handbag display, then you may be able to make a claim for trademark infringement. In the future, one way to make sure your name and brand are credited is to have a signed contract requiring the television show, photo spread or magazine to credit you as a condition of you loaning the handbag product to the television show, magazine or other place where it will be displayed.
This answer is intended to give general information about copyright and trademark law and is not intended to give specific legal advice. I am an attorney licensed to practice law in the State of Ohio and I am not licensed to practice law in the State of Florida. Please consult an attorney licensed in your state for specific legal advice
Answered on Nov 09th, 2011 at 2:12 PM