copyright versus patent

[adw]

What is the name of your state? New Mexico

I just read an article that stated a man won a Copyright Infringement lawsuit against Wal-Mart because Wal-Mart was selling a dress made for children that he had designed and sold via his small business.

So did this man have a copyright on the dress design and not a patent? I am confused by this because I thought copyrights were only for art, music, photos, etc.

I have a bag that I have designed and I thought I had to have a patent to protect it, but cannot afford to do that. Can I get a copyright on the design?

Thank you for your time, very helpful.

 

[ChicagoLawyer]

Designs, like for clothing and handbags, etc., can be copyrighted. Patent is for new and novel inventions. Now, if your handbag had a new and unique element to it, possibly you could patent it. Example, the zipper, its a piece of clothing, etc., but it was patented. Or, if you developed a new process for manufacture of the bags, that could be subject to patent protection. Trademark may be relevant too, for example, a logo splattered all over a bag, like Gucci does.


This response is intended as general information only and does not constitute as legal advice or form any attorney/client relationship

 

[adw]

Thank you ChicagoLawyer! You have been a great help to me! Thank you for your time and participating with this service!