Legal Question in Intellectual Property in Illinois
I author and sell software that is target to re-sellers of Stampin' Up! (www.stampinup.com) products. FYI - Stampin' Up! is a home-based MLM and a person selling these products is called a Demonstrator.
The software is designed to help demonstrators manage their business including entering their customers orders. To enter an order the demonstrator can manually enter the product name, item number, price and quantity to calculate the total. An invoice can be printed and given to their customer that includes this same information.
I do not current provide a product list that is included with the software but I do provide a method for my customers to import a list from a Microsoft Excel document should they wish to compile their own or get a copy shared from another demonstrator. Many demonstrators share these lists directly with other demonstrators through online user groups. I know of one online site, that is a members only site, that maintains a list that is readily downloadable to any group member.
I have specifically not included the list for fear of violating copyright law. However I would like to start offering a product list if this is in fact possible to do so legally.
The unique identifying details about each product that would be included in the list would be
Item number
Product Name
Price
Product Type/Category
Units per package (i.e. number of pieces)
In which catalog and on what page number the item appeared
Product Release Date
Product Discontinuation Date
I do no plan on including a picture of the product in the list although I may wish to in the future.
If I include a copyright notification with my list can I provide this information to my customers with the software or make it downloadable on my website.
1 Answer from Attorneys
From the information you gave, it seems that the product information list is confidential and not publicly available. If so, you risk violation of trade secrecy lawsif you make it publicly available. The list is likely copyrighted, so you risk liability for copyright infringement. The brand names may also be protected by trademark laws and unfair competition laws, so you also have that potential liability. So, this appears risky. Since your service seems helpful to the MLM company sellers, it seems most prudent here to just ask them for permission, and to even pay a fee for them to endorse your product. I recommend you take the high road and seek and obtain permission as that should make your product sell better. You should trademark (or service mark) your product and register that trademark (or service mark). You should also copyright and/or patent your software to the extent it is determined to be copyrightable or patentable.
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