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?
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
