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Copycats on the Prowl, How to Protect Your Legacy

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When someone copies your idea, product, or brand, intellectual property law is what lets you protect your legacy. Patents cover inventions, trademarks cover brand names and logos, and copyrights cover creative works. Each has its own registration process and timeline, and a cease and desist letter is often the first line of defense.

Gold traces across a circuit board in low light

MOTHER OF INVENTION

Protecting your legacy from copycats starts with securing the right intellectual property protection for your invention before anyone else can claim it as their own. Necessity may be the mother of invention, but a patent or trademark is what keeps your invention yours. Here is what that protection looks like and why inventors so often need it.

You have probably heard the proverb, “necessity is the mother of invention,” but to us it has a whole different meaning. You see, we work with inventors every single day and if there is one thing we know to be true it is that mothers invent a lot.

Let me say that again. Mothers. Invent. A.

LOT.

And I’m not just talking about the act of birthing children as an ultimate form of invention (take THAT Einstein), but rather the MILLIONS of mommy products, services, and ideas just a click away online. And why not? If you can keep your toddler’s shoes on you can accomplish anything.

The fact is that mommies are busy, stressed, and exhausted, but they are also innovative, always creating ways to make the mommy life easier. And if a mom comes up with something really worthwhile she might like to share it on sites like Etsy or Amazon.

BE CAREFUL OF COPYCATS

But as I always tell my clients, an idea worth sharing is an idea worth stealing (or copying). And when someone copies your idea it’s like punching you in the face and then running away with your toddler’s ice cream cone. Not cool.

Forget what you tell your kids about sharing. If you and your best friend were both whisked away by Chris Hemsworth, you might have to destroy her to claim what is yours. You can’t pee without your kids wanting to join you, but you shouldn’t have to share Chris Hemsworth.

And you shouldn’t have to share your best creations or ideas either. You should be able to leverage these things to pay for music lessons, vacations, or college without worrying about some copycat skimming off the top. You want your kids to piggyback off of you, not some stranger wannabe on the other side of a computer screen.

So how do you stop the copycats from stealing the goods? Intellectual property. Just follow the recipes below.

Note: These are cookie cutter recipes but you are a snowflake. Please consult an attorney to learn how best to approach your unique situation.

RECIPES FOR INTELLECTUAL PROPERTY

Patent

Prep Time: 2-3 weeks (using a very experienced attorney)
Cook Time: 1-3 years (registration process)
Yield: Obtain a monopoly in your invention
Shelf Life: 15-20 years

Ingredients:

  1. One or more inventions, discoveries, or ideas.

Instructions:

  1. Make a new invention or discovery.
  2. Register the patent with the United States Patent and Trademark Office.
  3. Have a lawyer write a scary letter (Cease and Desist) to your copycat.
  4. Consider making a deal with or suing your copycat, if necessary.
  5. Enjoy building your legacy.

Trademark

Prep Time: 1-2 business days (using an attorney)
Cook Time: 6-12 months (registration process)
Yield: Distinguishes your goods and services from that of your copycat
Shelf Life: Forever

Ingredients:

  1. Words, phrases, symbols, or designs that distinguish your goods or services.

Instructions:

  1. Create a brand identifier to distinguish your goods or services from that of your copycat.
  2. Register the trademark with the United States Patent and Trademark Office.
  3. Have a lawyer write a scary letter (Cease and Desist) to your copycat.
  4. Consider making a deal with or suing your copycat, if necessary.
  5. Enjoy building your legacy.

Prep Time: 1-2 business days (using an attorney)
Cook Time: 8-13 months (registration process)
Yield: Protection for your works of authorship
Shelf Life: The day you die plus 90 years

Ingredients:

  1. Original works of authorship (e.g., literature, art, or videos).

Instructions:

  1. Create an original work of authorship.
  2. Register the copyright with the Library of Congress.
  3. Have a lawyer write a scary letter (Cease and Desist) to your copycat.
  4. Consider making a deal with or suing your copycat, if necessary.
  5. Enjoy building your legacy.

Ready to talk through your options? Schedule a free consultation and get straightforward guidance on your next step.

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Common questions

Frequently asked

How long does it take to register a patent, trademark, or copyright?
A patent registration generally takes one to three years depending on the type. A trademark typically takes six to twelve months to register. A copyright registration usually takes eight to thirteen months. Each timeline starts once you file the correct application with the relevant federal office, so filing early protects your position sooner.
What is the first step if I discover someone copying my work?
The first step is usually having an attorney send a cease and desist letter to the infringing party. This formally notifies them of the infringement and your intent to protect your rights. If they refuse to stop, you can then consider negotiating a resolution or pursuing legal action to enforce your patent, trademark, or copyright.
Do I need to register my idea before someone can steal it?
Registration is what gives you strong, enforceable legal protection. Without a patent, trademark, or copyright registration, you may only have a limited or uncertain legal position if someone copies your work. Registering early, before a dispute arises, gives you the clearest path to stopping copycats and protecting the value you built.

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