The Questions: What are the legal issues?

The questions that I chose for my final project of the class Contracts, Negotiations and Copyrights, all have to do with the topic of intellectual property. Since I am graduating with my BA of Interior Design, the questions I have proposed are not only appropriate for my field of study, but explicitly pertain to issues that will arise while I am working in my field. “Typically, intellectual property encompasses creative works, products, imagery, inventions, and services and is protected by patent, copyright, trademark or trade secret law” (Patent, Copyright & Trademark. Nolo. 11Ed. p4).

The questions pertain to how I protect myself and my designs, contract and infringement issues and letters of non compete agreements. They are important to me because it’s how I plan on making a living doing what I love. “ The commercial value of IP work comes from the ability of it’s owner to control and exploit it’s use” (c).

I arrived at these questions after completing the in class exercise during Week 7, followed by using the www.heyheydaddio.com website to check out other students blog posts. Pulling from every students questions, I created my own list. The following are the questions I asked:

If an interior designer specs out a specific piece of furniture or flooring, and the item injures someone. Can he or she be held liable?

If I propose a design for a potential client and they refuse the design but use it regardless what can I do?

What is the first step someone should take if or when they find someone else using their intellectual property without permission?

What is the best way(s) to protect your intellectual property?

Do you know the rough percentage of cases that are found in favor of the original creator concerning intellectual property?

Where do you recommend a designer look for a template of how to write a contract?

When is it necessary to trademark intellectual property?

How can I prove that there has been an infringement on my copyright?

Are there specialized courts in the United States that hear intellectual property claims?

In design, how much of a percentage of change do two similar products have to be in order to avoid a lawsuit?

Is Nevada an “employment at will” (ie. right to work) state? If so, do you agree with an employee signing a non-compete agreements?