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Join Date: Jan 2009
Location: So Cal
| | Re: AMAZING tutu!
Originally Posted by ThreeBlessingsBowtique
this whole trademark copyright thing is ridulous, first of all you cannot Copyright an ITEM......if that is the case than the companies that use cute little designs (like Gymboree) would have every snail, dot and pirate copyrighted THEY DO NOT, the NAME Gymboree is TRADEMARKED but not the name or pictures IN the line.
so I did some swagbucking and here is what I found out "A trademark includes any word, name, symbol, device or combination thereof. The thing to be trademarked must be used in commerce to identify and distinguish the goods or services of the applying party from those of others.
This rather broad definition can lead to some interesting trademarks. An apple a day keeps the doctor away, but you could never trademark an apple(OR A TUTU) if you grew (OR MADE) and sold them
. The word is simply too common and does not distinguish your apples from anyone else. If you built a computer, however, and called it Apple, you can get a trademark. Why? The commonly used word is being applied to an area of commerce where it is not commonly used. Further, it clearly distinguishes a particular type of computer from others in the business field...
the issue of whether something can be trademarked is a complex issue. You cannot just walk around trademarking various sounds and such. The Patent and Trademark Office wants to see some practical application in commerce that is known by people. That being said, do not assume that you can't trademark something just because it is not a logo.
In other words IF SHE TRADEMARKED HER NAME, you cannot CALL your tutus the MAGIC TUTU as she does
Now on to Copyright What May be Copyrighted?
Copyright protects "original works of authorship" that are "fixed" in a tangible form of expression. Examples of works in a "fixed" form are: a story written down on paper, a computer program saved on a disk, or a song recorded on tape. Copyrightable works include the following categories:
What is Not Protected by Copyright?
- literary works;
- musical works, including any accompanying words
- dramatic works, including any accompanying music
- pantomimes and choreographic works
- pictorial, graphic, and sculptural works
- motion pictures and other audiovisual works
- sound recordings
- architectural works
Several categories of material are generally not eligible for federal copyright protection. These include among others:
- Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)
- Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents
- Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration
- Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)
To that end, I searched both the trademark and the copyright data bases (you can do it for free, just google or swagbuck it) and no where are any of her designs or names found in either place. As stated in the above information, her images and written descriptions of her items are all that are even applicable to the copyright law and only the name of her shoppe can be trademarked. She would be able to copyright her designs INSTRUCTIONS but not the design itself. That would be like saying the person who first made a shirt has the right to never let anyone else make a shirt.......IT IS CRAZY........
This CANNOT be true as I hold trademark/copyright to glitter clips. NO ONE can make one otherwise I will sue you for infringement. Don't even think about using the same colors as me because that is infringement too.
is it illegal to claim you have copyright when you don't?