Legal Question in Intellectual Property in New York

Copyrighting a product

Can I copyright a product (i.e. a bag)? My bag has been published on a number of blogs and magazines and I do not know how to protect the design concept or the product. Also, I would like to approach a larger company to try to get it manufactured. What kind of IP protection do I need for this? Maybe a simple nondisclosure agreement would do? Since patenting is so expensive and time consuming, Im hoping I can avoid it with a copyright instead.


Asked on 6/02/07, 10:41 am

3 Answers from Attorneys
Steven Czik CZIK LAW PLLC

Re: Copyrighting a product

It seems that a trademark would best suit your needs in terms of IP protection for your bag and design. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Answered on 6/04/07, 11:41 am
Kristen Browde Browde Law, P.C.

Re: Copyrighting a product

You can copyright the drawing and/or pictures of the product, but more effective intellectual property protection for a product would in the form of a trademark.

Please feel free to visit the page on my website devoted to trademarks (browdelaw.com), or if you'd prefer, get in touch with me if you'd like to discuss the matter further.

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Answered on 6/02/07, 10:51 am
Gerry Elman Elman Technology Law, P.C.

Re: Copyrighting a product

If the bag contains separate graphics or a panel that has a particular illustration, then that subject matter could be protected by copyright.

A trademark is good at protecting a name or logo. Rarely, such as the shape of a Mogen David wine bottle, can a trademark protect the actual configuration of a product.

Better at protecting product configuration would be a DESIGN PATENT. For that you should consult with a patent attorney or patent agent.

The best strategy would often be a belt-and-suspenders approach, in which each legal tool is applied to do what it can do best.

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Answered on 6/02/07, 11:19 am


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