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View Full Version : Getting my product "out there", TM's and liability


passmeby
Mar 11, 2008, 08:21 AM
Hello. I have a hobby of making jewelry and I have some ideas for some pieces that are different than anything I've ever seen for sale (different uses, not typical necklace or bracelet... a whole new place to wear jewelry). I have thought of a brand name I'd like to use for my jewelry, and I'd like to start selling it, and also have tee shirts (printed up) and purses (handmade) with my brand name for sale. I have shown it to some trusted people and there is an interest and it was agreed that I have a potential to start a big trend, the ideas were well received. I'd like to start up this summer, as there are many venues around here where I can easily get exposure... there are car shows, festivals etc that have reasonable booth rent. What do I need to know?

I searched trademarks and my brand name is not already taken. I did have trouble understanding the fees associated with officially TM'ing my brand. Can someone help with that?

Also, one thing that I am most concerned about is, if I start selling my pieces, do I need any kind of insurance or any kind of protection? I don't want to get sued or anything. I know, it's only jewelry, but you never know. Should I print up some kind of disclaimer to put in the packages?

Any advice from anyone who has done this would be appreciated!! Thanks!!

Clough
Mar 11, 2008, 04:31 PM
If there is a risk that someone could accidentally hurt themselves by wearing the jewelry, then I would certainly recommend some kind of disclaimer along with it. Hopefully, there will be others who will also come along to address your questions. I will also do some thinking and research on them.

jrebel7
Mar 11, 2008, 10:11 PM
Hi there Passmeby, I found some information in part, that might shed a little light on the liability question... refer to page 109 and 110. Be sure and hit the + sign to enlarge print. It is tiny. LOL

Product Liability Litigation - Google Book Search (http://books.google.com/books?id=Cnoskl65qwcC&pg=PA92&lpg=PA92&dq=disclaimers+of+injury+products&source=web&ots=3Wzw45_XJG&sig=tEdrOynYgw0D1gJXJ1KpkSqDNlE&hl=en#PPA108,M1)

I can check with my son-in-law who is an attorney later in the week if you would like but my understanding is that even if you put a disclaimer with the product, which is a wise thing to do, anyone can bring a law suit against you for anything having to do with your product in small claims court. The disclaimer is certainly a bit of protection. I guess because this is something unique you aren't wanting to put too much information on here and I understand. It is just a little difficult to give much advice with so little information. I do wish you well in your endeavor however!!