Questions about trademarks, liability insurance

Re: [spiers] Questions about trademarks, liability insurance


In a message dated 1/20/03 8:14:46 AM, tiananmentrading@aol.com writes:

I have some questions about trademarks and copyrights (I know you said
NEVER
do these).

***Well, more to the point, NEVER expect these to have any economic benefit
to your company, in any way shape or form. Now having said that, since the
vast majority of people in USA believe they have some sort of benefit, one
must often "play the part" while doing business. We are told deliverinf the
mail can only be done by government, there is simply no alternative. Well,
nobody really believes that, we all go along and stand in line at the post
office. So when a business partner insists on some "intellectual property
protection" we go along, but we make sure we keep title to the asset, and the
party that is insisting on the protection gets saddled with the liability.***

I am manufacturing a line of children's clothing (mostly for
infants) in China. I have an artist who is helping with artwork and designs
for the clothing and logo, etc... should this artwork be copyrighted? [I
canceled my previous endeavor b/c wasn't competing on design, just importing
preexisting products, thanks for the great advice!)

***Here is where we make the move... sure, let it be copyrighted, and let it
be so in the artists name. You keep what matters, and that is the customers
and relationships therewith. If and when there is any legal hassles, the
"property right" holder burns his assets in legal hassles while you drink
pina coladas by the pool.***

Do I need to trademark the tag "phrase" or company name (it's my name "Mary
Morrison, Crib Couture). Do I need to do anything trademark or otherwise, and
what if someone else has a similar company name or tagline? Why does everyone
have a trademark TM sign on their stuff if it's not necessary? Confused.

***Here is where I would do nothing, because it is your dime. Anyone can sue
anyone else for just about anything, but the scenario you lay out is pretty
unlikely. Just use your name as you like. I see "country collection"
everywhere, and Santa's workshop as well... and different companies
associated. People are buying the product, at our level they dont know and
dont care who we are. Really, at our level, the retailer is the brand.***

One more question: A few people have asked me if I will carry "product
liability insurance"-- do I need this for cotton baby products like blankets
and clothing? All the products meet the ISO 9000 regulation standards.

***Meeting any and all standards protects you not a single bit. There is no
protection of any sort, and for burned babies, well... forget about it. As
the importer, the legal fiction is YOU are the manufacturer. Since you
cannot protect yourself, why bother? So... having said all that, take normal
procautions in the manufacture and design process. The right time to get
product liability insurance is when your customers demand it.***

John

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