Legal Question in Intellectual Property in New York
jewelry design
I have a re-design for an exsisting piece of jewelry.I have talked to jewelers willing to make an initial piece for me, for a cost of approx. $500. I am concerned about showing my design(s) and offering up my idea without prior protection of the latter. I know this is called intellectual property but I don't know what form to use and is it a copyright or a patent. thank you, sylvia
2 Answers from Attorneys
Re: jewelry design
Your design could be both copyrighted and trademarked, depending upon its nature and use.
Re: jewelry design
Your design can be either copyrighted or patented as a "design patent." The rights involved are different, and these two forms of protection are mutually exclusive.
To register your design as a trademark, as Mr. Browde suggests, you need to use the design in commerce as a logo. Again, different rights, but not necessarily mutually exclusive.
You're welcome to contact my office for further help with this matter. I handle copyright, patent and trademark matters regularly, and I have many clients whom I have never met face-to-face because of their distance from my office (I note from your zip code that you're in the western part of NY State, while I'm in the Albany area). It Can Be Done using fax, email and snailmail.
THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.
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