Legal Question in Business Law in Maryland
Hello,
I started my apparel sale business in 2008 (year I received certificate for my trade name) while in I was finishing up my last year of college. It wasn't until this past Friday, March 19 I launched my website and the feedback is great. I sale apparels that I custom design. I don't feel that my company is protected legally from big business who can either steal my name or ideas or piggy back off my brand. What is the best way to protect my website and company.
2 Answers from Attorneys
Congratulations on starting your own business! As a basic business protection measure, you can form a separate entity for your business (such as a corporation or LLC). Additionally, you can register any name or phrase you use to market your apparel. While patterns and specific clothing designs can be registered, the patent process may be too cumbersome and expensive to register each pattern (unless perhaps you focused on one or two apparel items with a very distinctive style). You can take some practical measures to protect content on your website but may find it challenging to protect every design from copycat if they will be broadcast in a public medium.
You may find it helpful to consult with a small business attorney to talk more about the specifics of your company and its products. You are welcome to call my firm (I represent small businesses but do not do patent work) or contact another licensed Maryland attorney of your choosing.
That's fantastic! You would want to form a separate business entity, consider protecting your intellectual property (TM and copyright), and include terms of service and a disclaimer on your website to start. There is also a lot of great information on starting your own business at the U.S. Small Business Administration's website and at your local library. Internet law and e-commerce can be especially tricky. I know because I handle it. Contact an attorney for additional assistance.
Regards,
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