How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alex Reese Your Own Question
Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3439
Experience:  Experienced in intellectual property law
14461494
Type Your Intellectual Property Law Question Here...
Alex Reese is online now
A new question is answered every 9 seconds

which type patent if any do i need if any...i am making a rosary

This answer was rated:

which type patent if any do i need if any...i am making a rosary with a handcrafted bead that i molded ( there are similar beads/charms out there, but i did a variation of this bead ) the bead i intend to use, i have not seen it being used in a rosary. an example maight be a bead in the shape of a cross, used as a station bead of a rosary.

Alex Reese :

hello

Customer:

hi Alex

Alex Reese :

a patent would not apply, but the original and creative aspects of the work may be protected by copyright

Alex Reese :

it would protect from exact or substantially similar "copying" by others. Of course, the less original/creative the work is, the harder it is to show infringement.

Customer:

even though it will be "jewelry" sold to public a copyright will be enough for someone to not be able to reproduce the same?

Alex Reese :

that's right

Customer:

should i keep a journal as to when i started the creation should i need in the future -

Alex Reese :

but remember, copyright protects from actual copying, not from someone else who comes up with something similar on their own. since millions of pieces of jewlery have been made over the years, there will be a lot already out there and a lot of similar works, so the copying would have to be nearly exact depending on the type of work

Alex Reese :

yes a journal is a good idea

Customer:

so i can copyright that item, and trademark the name - and there is no protection for "similarities" correct ?

Alex Reese :

yes you can TM the name. protection for "similarities" is not likely, but general statements like that cannot be made because it depends on a variety of factors. also, copyright law is very subjective and there are no clear cut rules or guidelines.

Customer:

I was hoping for better protection, but if my item doesn't qualify-it just doesn't. Thanks so much for your help.

Alex Reese :

sure, it all comes down to whether the "ordinary observer" looking at your work and the copycat work would believe that substantial copyright-protected aspects were copied.

Alex Reese :

best of luck

Alex Reese :

the standard for copyright infringement is "substantial similarity"

Alex Reese :

of course that is with respect to original/creative aspects, not generic aspects that have already been around

Customer:

you really clarified some things for me...awesome !

Customer:

Thanks again !

Alex Reese and 2 other Intellectual Property Law Specialists are ready to help you

Related Intellectual Property Law Questions