Rules of the Game (IP for Newbies)

You have to learn the rules of the game. And then, you have to play better than anyone else.

Albert Einstein

To clean up the frivolous trademark mess at Amazon and Etsy, we need to start with a basic understanding: 

Trademark is for Brands, Copyright is for Designs 

Trademark is for brands, for example:

  • Ann Arbor T-shirt Co.
  • Disney
  • Southern Attitude
  • Star Wars
  • Under Armour

Each of the above brands offers unique selling propositions (USP) to attract loyal customers: 

  • Ann Arbor T-shirt Co. — employee models, special inks, Michigan artists
  • Disney — entertaining customers via media and amusement parks
  • Southern Attitude — celebrating Southern pride
  • Star Wars — media empire built on successful movie series, toys, decor, etc.
  • Under Armour — influencer marketing partnerships, sports camps, fitness app, inspiring ads

Trademark protects consumers from getting counterfeit products, thus protecting a brand’s reputation and value. 

Suppose products from Brand X (a hypothetical, high-end clothing company) are being copied and sold at a lower price by a knock-off supplier who slaps the “Brand X” logo onto their cheaply made products. The US trademark system recognizes:

  • Brand X may invest millions of dollars in marketing campaigns to build brand loyalty and trust; 
  • A purchaser whose counterfeit Brand X shirt falls apart after one washing may conclude product quality is not a priority with the Brand X company, devaluing the brand; 
  • If Brand X has registered BRAND X as a trademark, they can pursue legal action against the knock-off supplier to force the removal of these counterfeit products from the marketplace.

Copyright works the same way, except that instead of protecting a brand, it protects original creative works. Think paintings, songs, plays, books, etc. 

Simple, right? Trademark and copyright are wonderful inventions when used properly. But greedy or fearful people often abuse the system to “protect” their turf and chill competition. 

The “Trademarks” section of my blog focuses on trademark abuse in the print-on-demand industry via twin bandits: frivolous trademarks and trademark trolls.