Q: If I design a bikini or a set of lingere to sell, do i need to patent the design? If not do I need to copyright?
Just wondering legally if a lingere or bikini designer needs to patent or pay for copyright of the design?
A:
You are not required to to have a design patent in order to sell a product. Some companies like Oakley, Inc. elect to take the extra step to get design patents on iconic products to ward off people seeking to sell confusingly similar sunglasses. (Knock-offs). See https://assignment.uspto.gov/patent/index.html#/patent/search/result?id=Oakley,%20Inc.&type=patAssigneeName
Many people have acquired design patents for bikini components. https://www.google.com/search?q=bikini&hl=en&tbs=ptso:us&tbm=pts&source=lnt&sa=X&ved=0ahUKEwiApvnvi8nXAhUMPiYKHQmABvsQpwUIIA&biw=1229&bih=607
I do not work in the fashion industry so I am not able to comment on whether this makes sense from a business perspective. It may hinge on how distinctive your design is and how many years you think that this will be fashionable. If it may be the rage for just one season and then people will move on, then it may not be worth the money to seek a design patent. Keep in mind that it may take you more than a year to get the design patent unless you jump through extra hoops (and spend more money) to expedite the process.
A: It would be beneficial to register the copyright of the design. It is fairly inexpensive and can make it substantially easier if you ever have to enforce your rights against counterfeit products.
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