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Which one should I see first, a CopyRight/Trademark Attorney or the Companies?

Discussion in 'eCommerce' started by Brilliance471, Jul 31, 2018.

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  1. #1
    So, I have a T-shirt design. Let's say it involves place 1 and place 2.

    1. In order to avoid jail and getting sued I would have to get approval of my idea from the 2 corporations, correct?

    2. Not only that, but I would need to get paperwork from a Copyright/Trademark lawyer for my design/name(s)/wordings, right?

    3. Then I would need to get signatures from the two corporations so they do not decide to sue me at a later time, correct?

    4. Also, since the T-shirt design involves a service from both corporations, I would have to come to an agreement to split profits with both corporations which will all be on the paperwork, right?

    5. I would assume since I'm using something from the two corporations, I have to split profits unless if they don't want to but I doubt it. Am I correct to say that?

    6. Does the Attorney/Lawyer make the paperwork or do I?

    7. If the two corporations say "no" to my T-shirt design idea and my ideas for marketing/ads, can I still sell that same T-shirt design with the same ads/marketing online without getting sued or thrown in jail as long as I have my lawyer?

    8. How much will a good Copyright/Trademark lawyer cost me? Do I pay him/her whenever I need him/her or is it a subscription type deal, or do I pay monthly, weekly, etc?

    9. So, companies first or lawyer first, I'm guessing lawyer first to present my idea to?

    10. Is a lawyer worth it if I have various T-shirt and other product designs/names?

    PS ~ I had a previous thread regarding on how to find an Ecommerce Consultant, but decided to create a new thread different for quicker responses.
     
    Brilliance471, Jul 31, 2018 IP
  2. sarahk

    sarahk iTamer Staff

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    #2
    You're in America, right?
    Your family lawyer, or in fact any lawyer, should be able to give you a 15 minute phone consult for free to give you a feel for the type of discussions you really need to be having and a vague indication of costs.

    If you're only going to be selling at your local farmers market or to kids at your school then I'd be inclined to follow the "act first, apologise second" school of thought.
    If you are going to be advertising and making a significant amount of money then definitely protect yourself.

    It also depends on the companies. Research them and see how they've handled other "fan merch" that has been created.

    Then write a business plan incorporating all the costs and risks and potential revenue. If the profit is there then all that legwork might just be worth it.
     
    sarahk, Aug 1, 2018 IP
  3. Brilliance471

    Brilliance471 Peon

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    #3
    Yup, USA here! I will be selling online, so I guess it would be better to have a lawyer and stay protected. Thank You!

    Also is it legal and is there a way to post an advertisement of your T-shirt design but without actually having purchased your T-shirts just to see if people would be interested in buying in the first place? That way there's is less money wasted if my T-shirt fails.
     
    Last edited by a moderator: Aug 1, 2018
    Brilliance471, Aug 1, 2018 IP
  4. sarahk

    sarahk iTamer Staff

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    #4
    I guess it depends on how you describe your product.
    If you say "In Stock" then you will be expected to have a printed tshirt sitting there, ready to go.
    However if you just say "Allow 3 weeks for delivery" then you have time to print the shirt and ship. It's essentially the business model of Society6, TeeSpring, Red Bubble, and all the rest.
     
    sarahk, Aug 1, 2018 IP
  5. Brilliance471

    Brilliance471 Peon

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    #5
    Right, is Craigslist a good idea to ask someone to draw out my design? Do I need some sort of license to do that?
     
    Brilliance471, Aug 3, 2018 IP
  6. sarahk

    sarahk iTamer Staff

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    #6
    If you don't have the artwork yet (what do you have?) then there are any number of sites that can help you. I'd prefer to work with a local artist though.
     
    sarahk, Aug 3, 2018 IP
  7. Brilliance471

    Brilliance471 Peon

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    #7
    Ya I prefer local too. Found an artist on Craigslist. Can try other sites too.
     
    Brilliance471, Aug 3, 2018 IP
  8. dscurlock

    dscurlock Prominent Member

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    #8
    a trademark attorney has nothing to do with the products you are offering, in this case, all you are doing is telling the attorney that you want to trademark your business/brand so others do not attempt to use your trademark selling similar products using your brand, and getting a trademark will cost around $1,000 more or less, and the attorney is not going to have deep discussions with your about your products, his main job is making sure everything is filled out correctly so he can submit your trademark to the right place. If someone does violate your trademark, then you will have to hire a different attorney in order to defend your trademark; At this point, it does not really sound that you have a game plan, and I feel that you are trying to jump far ahead before you really need too, and just so you know the t-shirt market is very competitive as you can easily get t-shirts anywhere/everywhere, and just so you know, once you start promoting your brand, then you are legally protected under certain trademark rights, make money first, then worry about filing trademark which then will give you full trademark rights, and if you know this is going to be a hit, then you can consider setting up an LLC which offers limited liability if you should ever get sued.
     
    dscurlock, Aug 9, 2018 IP