Help with Copyright/Trademarks

[guineapig]

I have an small online business selling puppets and children's books. I am planning on creating a product which will consist of a original handmade sack, original teaching resources and a specific storybook and puppet. I am aware that 'storysack' is a trademark and copyrighted but if I don't use either story or sack to advertise my product will I be infringing anything on storysacks copyright?

[Jack Hackett]

The owners of the Storysack trademark may have issues with similarity - you'd need to ask one of the legals on here where you stand.

[guineapig]

Thanks, that is my concern. However they are around in different forms, mainly on ebay. I can understand copyright for the name and logo and their own original material but surely they can't stop you selling a 'sack' and contents revolving around a well known children's storybook. After all they have in their different forms, been in classrooms for years.

[Jack Hackett]

Have you tried contacting them and asking where you stand? It may be worth a go. If there are similar products currently on the market as you say, then there may not be an issue at all, but it's always best (and probably cheaper in the long run) to check first.

Good luck.

[guineapig]

Thanks again. I did speak briefly with a Lawyer today who was convinced that you could not copyright an 'idea'. But he said to be sure I should contact an IP specialist, however that will not be cheap. Feel a bit reluctant about contacting the company direct though.

[tkessex]

If you contact the company and ask 'I want to make this product, which is similar to one of yours and will hence be in direct competition' they're obviously go to tell you not to. Whether it's true or not is another matter, but they're not going to give you business advice - especially if it means letting a competitor into the market.

You can't hold rights on an idea, only on tangible intellectual material (ie. a piece of technology, a brand or product identity, or the specific design of an object), so putting a book and a puppet into a bag, for sale, would not contravene any copyrights held by Storysack. What you can't do is market your products in a similar way and try to use their established name (which is all they can have trademarked and copyrighted) to further your own sales.

[guineapig]

I agree but they could they not argue product identity?

[tkessex]

By 'product identity' I mean the sub-branding of a particular product - Nike Air, for instance, is a sub-brand of Nike...