Help!

[Ckcole]

We are starting a business of Hydrographic Dipping. We are planing on dipping items in patterns such as camouflage. If we use mossy oak or something what copyright laws do we need to know or want do we need to do to be able to do so?

 

[quincy]

We are starting a business of Hydrographic Dipping. We are planing on dipping items in patterns such as camouflage. If we use mossy oak or something what copyright laws do we need to know or want do we need to do to be able to do so?

What is the name of your state, Ckcole, or, if not in the U.S., what is the name of your country?

There can be copyright, trademark and patent laws to consider, depending on the patterns you wish to use.

 

[adjusterjack]

what copyright laws do we need to know

All the copyright laws you need to know are located at the following website:

http://www.copyright.gov/

All the trademark laws you need to know are located at the following website:

https://www.uspto.gov/

All the federal tax laws you need to know are located at the following website:

https://www.irs.gov/

Your state and local business and tax laws can be found by googling.

However, if you want to simplify matters and learn all of the above based on what is unique to your business I suggest, like most "successful" businesses, you engage an attorney and a tax pro.

 

[quincy]

Those are all terrific links to U.S. government websites, not taking into consideration that the laws are interpreted in the courts, and not taking into consideration that these U.S. sites will not necessarily answer questions posed by someone in another part of the world.

That said, if you wish to use rights-protected material, you will generally in all parts of the world need to obtain a license to use the material, the license granted by the holder of the rights. For example, here is a link on how to obtain a license to use the Mossy Oak Camo Pattern: http://www.mossyoak.com/licensing

And here is a case out of Texas from this year over design patent infringement and trademark infringement, that could be of interest if you are in the U.S. (Kryptek Outdoor Group, LLC v. Salt Armour, Inc.): http://www.ipo.org/wp-content/uploads/2016/02/Kryptel-Outdoor-Group-LLC-v.-Salt-Armour-Inc.pdf

If you could provide the name of your state or, if not in the U.S., the name of your country, I can perhaps direct you to what on the sites provided above you should look at (if applicable) and how the laws have been interpreted by the courts, and I can probably provide you with some easy-to-digest information on the rights that protect some (but not all) patterns.

Thanks.

 

[Ckcole]

Missouri United States

 

[quincy]

Missouri United States

Good. The links to the US government offices and to the Kryptek case apply to you in Missouri, then. Thanks for providing your state name.

For any pattern you are thinking of using for your Hydrographic Dipping, you will want to discover the pattern name. You can often do a simple online search using the pattern name alone (as is the case with "Mossy Oak") to find a pattern owner's website and/or information on how to license the pattern for your work.

If this doesn't work for one of the patterns you want to use, you will need to search for any design patents that may have been issued for a pattern (search: http://www.uspto.gov/patents-application-process/search-patents.html or you can try Google https://patents.google.com). You will need to search for any trademark rights that might exist (http://tess2.uspto.gov). And you will need to find the holder of any copyrights for the pattern design (http://www.copyright.gov/records/).

What can make a search more difficult, and why a search firm is often employed by businesses, is that trademarks and copyrights do not need to be registered in the U.S to be rights-protected. You need to consider the rights held by others outside the U.S., as well.

Reviewing your business plans with an IP attorney in your area is always wise and advised.