Graphic designs versus product shapes
Two-dimensional designs such as illustrations, textile patterns, and original artwork are often protected by copyright from the moment they are fixed, provided they show some originality. The overall shape of a useful object, like a chair, a lamp, or the cut of a garment, is treated differently. Copyright reaches artistic features that can be perceived as art apart from the useful article and could exist on their own, not the useful shape itself. Typeface designs, simple geometric shapes, and common layouts usually receive little or no copyright protection, although font software can be protected.
Other tools for designs
When copyright does not fit, a design patent can protect the ornamental appearance of a product, but it has to be applied for, and public disclosure before filing narrows that option. Trade dress can protect a product's look once consumers have come to recognize it as identifying the source, which usually takes time and evidence. Many businesses use more than one of these tools for the same product, and the choice is easier to make before launch than after. Ownership is a separate question, since a freelance designer generally keeps the copyright unless it is assigned in writing. Fashion is a frequent example, because the cut of a garment is usually unprotected while an original print on the fabric may be covered.
Comparing your design with the other one
We look at what you created, when, and who else contributed, and then at the accused product side by side. Bring dated design files, sketches, sample products, and evidence of when the design was first shown or sold. Copying is usually shown through access and similarity, so records of where the other company could have seen your work matter. Registration with the Copyright Office is generally needed before suing over a U.S. work, and its timing affects some remedies. From there we discuss whether a letter, a marketplace complaint, or a filing makes sense.
