Q: Is the business format of companies like MaryKay, Jamberry, or Luluroe protected by copyright laws?
If the format of these businesses is not protected and can be duplicated without risk of infringement (as I suspect it can, as there are many companies that use this business format), can an individual sell the same items as one of these businesses (i.e. Jewelry, legging, or makeup), in the same way, using the same or a similar format, without the risk of infringement? Essentially, could an individual decide to start their own version of one of these businesses and it be legal?
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A: Business processes can be patented if they meet certain tests, they can also be "trade secret" if they are protected from becoming publicly available and are not commonplace / public knowledge in any case. Copyrights protect original works that are published that are unique and orginal. The question of copyright infringement comes down to whether the items are substantially similar, whether the infringer had access to the work, and whether the matter being copied is in itself capable of the protection that the copyright law afford, these come down to fairly esoteric guidelines, so there isn't an easy answer to your question. Tread carefully.
Will Blackton agrees with this answer
A:
Trade dress of a franchise is protected intellectual property.
See: http://www.aeesq.com/business-law/intellectual-property-attorney/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Will Blackton agrees with this answer
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