Legal Question in Intellectual Property in California

Consult on design patent/copyright

I would like to consult on a possible design patent or copyright. I have an idea for the imprinting of a particular type of artwork on a fabric, and would like to know what type of protection would be appropriate if I were to start doing e-commerce with it on the internet. Eventually, I have plans to obtain licensing from a very well-known magazine. Also, if I consult with an attorney, does the attorney sign a confidentiality agreement.

Thank you.


Asked on 2/07/05, 9:31 pm

3 Answers from Attorneys

Lee Kim Tucker Arensberg, P.C.

Re: Consult on design patent/copyright

For a design patent, unless you want to file this pro se (i.e., individually), you will have to engage the services of a patent agent or patent attorney. If you go to www.uspto.gov , you will find a listing of registered patent agents and patent attorneys.

Nowadays, copyright protection is automatic as soon as an original work is fixed in "any tangible medium of expression." Registration and copyright notice is not required for one's work to be protected under copyright. However, a copyright registration needs to be made in order for one to be able to enforce the copyright one has in a work (i.e., sue in court for copyright infringement). You can actually register a copyright yourself by going to and filling out the appropriate form(s); however, as copyright registrations can sometimes be complex, you may wish to instead consult an attorney who specializes in copyright law. (For what it's worth, some patent attorneys also do work in copyright law (whereas some others specialize).)

The local county bar associations usually have referral hotlines which you can call to seek the services of an attorney who can help you. Other than that, I would go with a reputable firm and someone who is experienced and specializes in IP law.

Good luck.

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Answered on 2/13/05, 9:28 am

Re: Consult on design patent/copyright

Initially, copyright protects the EXPRESSION of ideas, while a patent protects the IDEAS themselves. Trademark protects the GOOD WILL in the source of the product.

You should consult with an intellectual property attorney who has experience in licensing.

Information given to an attorney in the course of representation must ethically be kept confidential by the attorney. However, if it makes you more comfortable, you could have the attorney sign a confidentiality agreement.

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Answered on 2/07/05, 10:24 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Consult on design patent/copyright

Please take a look at my site at www.amyghosh.com.Yes, I will sign confidentiality.

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Answered on 2/09/05, 9:56 am


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