Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
hello. a creative and original design can be copyright protected...copyright protects from exact copying or "substantially similar" copying. "original" means that it did not previously exist so if it already existed then you would not have the copyright, Also, if their design is not "substantially similar" then there is no infringement, so they could make changes to get around infringement. You should know that to enforce a copyright in court (i.e. copyright infringement claim) you need to have a registered copyright so you should register the copyright.
yes that's right. to sue for infringement (file a copyright lawsuit), the infringed work needs to be registered, you may be able to register certain works (the ones that are the most different from one another) and that may cover the similar ones. There is a lot of gray area in copyright law, you may want to meet with a copyright lawyer to get a general plan for copyright protection. Also, if someone infringes a particular work then you can always immediately register that work, it won't have retroactive effect for damages purposes (registered copyrights are entitled to special damages for infringement) but it will allow you to file a lawsuit on it.