Q: if I have a shirt that I wanted to put a unique pocket on for a specific use, can that idea be copyrighted? Trademarked

A: In short, no. What you're talking about is a design patent, which is a limited duration property right relating to an the unique look of the clothing and not the clothing itself. If the apparel/product has truly unique functions to it, you could also patent those functions with a utility patent. I am an IP attorney, but I don't specialize in patents --- that is a niche area of IP law that requires certification by a separate Patent Bar -- but the application process is complex and doesn't come cheap as it requires the services of a specialized patent attorney.

Without venturing too far down the rabbit hole of the tenets of Trademark and Copyright law, a trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. So for example if you designed this specific sports bra and gave it a catchy name (Cell-bra, for example) then that name could be trademarked. By way of another example, Louis Vitton designs handbags -- while they don't have a protectable interest in the handbag/purse itself, only Lois Vitton can use the coveted "LV" design on their products, which serves to identify them as the source of their particular product -- an important right, since consumers equate LV handbags with quality, and high-end fashion.

In contrast, a copyright protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.

If you would like to discuss this further feel free to email me at: Jason@altviewlawgroup.com