Tuesday, January 21, 2003

Questions about trademarks, liability insurance

Re: RE: [spiers] Questions about trademarks, liability insurance


In a message dated 1/21/03 8:40:34 AM, gk1phc@pacbell.net writes:

John:

Didn't you say the inventor of the Pet Rock, sued for patent infringement
and ended up spending all his time and profit fighting to find the fad had
faded?

Glen

I think he said "if I only had the money I paid the lawyers..." ...on
protection, of course. I cite some other examples of people paying to win
lawsuits as their product dies out in the book, a sun-chair for example.

But since almost no product ever patented makes it to market, sheer
probability would suggest one steers clear of intellectual property rights.

And if you wish to study the natural law arguments AGAINST "intellectual
property rights" by a working patent attorney, check out
http://www.kinsellalaw.com/.

John


Questions about trademarks, liability insurance

RE: [spiers] Questions about trademarks, liability insurance

John:

Didn't you say the inventor of the Pet Rock, sued for patent infringement
and ended up spending all his time and profit fighting to find the fad had
faded?

Glen

-----Original Message-----
From: Frank Fenwick [mailto:ffenwick@commwatch.com]
Sent: Monday, January 20, 2003 12:54 PM
To: spiers@yahoogroups.com
Subject: Re: [spiers] Questions about trademarks, liability insurance


The issue of product liability insurance:
The better practice is to be sure that your clothing is treated for and
meets US standards for childrens flame retardancy.
You might still have to defend yourself, but maybe your clothing won't cause
burns to kids in the first place.

F. Fenwick
expatriat from the clothing business.


Monday, January 20, 2003

Questions about trademarks, liability insurance

Re: [spiers] Questions about trademarks, liability insurance

The issue of product liability insurance:
The better practice is to be sure that your clothing is treated for and meets US
standards for childrens flame retardancy.
You might still have to defend yourself, but maybe your clothing won't cause
burns to kids in the first place.

F. Fenwick
expatriat from the clothing business.


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


Questions about trademarks, liability insurance

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

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.

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.

Your expertise is greatly appreciated!
Thanks,
Mary

Mary Morrison
Tiananmen Trading, Inc.
Coral Gables, Florida
website: www.tianantiques.com
e-mail: tiananmentrading@aol.com
tel: 786.552.1311