Legal Question in Intellectual Property in Maryland
A couple questions. How can I work with a manufacturer and have them agree to not distribute the goods we created together? I've researched and I don't see the exact product on the market, however, the symbols/images are public domain. How can I protect my idea/product?
1 Answer from Attorneys
Hi,
To your first question, you need to include such protective provision in the service agreement you enter into with this manufactuer.
Regards to the product itself, there could be several concerns. Is it protected by a utility patent in the market area you will be selling, like the US? This protects how it operates. Is it protected by a design patent? This will protect some ornamental features that are non-functional, like say the tip of a sparkplug colored purple that does nothing but help the market recognize that it came from you. Is there creative expression involved that could be protected under copyright? This could be things like designs. Then there is the branding like the product trademark or a tagline, for example. It could also be things like trade dress that could be product packaging.
How you protect your product frankly depends.
If you care to discuss it over a free phone consult, feel free to contact me anytime that is convenient.
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Kind regards,
Frank
www.LanternLegal.com
866-871-8655
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.