Should I create a vendor contract to sell my jewelry while seeking a design patent?

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Should I create a vendor contract to sell my jewelry while seeking a design patent?

I’m starting a new business as a sole proprietor. I’ve been approached by a vendor about selling my handmade jewelry in their boutique. I’m seeking a design patent on my earrings. What I don’t want is for them to copy my

jewelry and be able to sell it.

Asked on September 15, 2017 under Business Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can protect your designs from this vendor by having them execute an agreement which states that they acknowledge your ownership of the designs and that they have no right to copy them. Do this before you share the designs with them. You can draw up an agreement like this yourself, but it would be better if you  have an attorney do it for you. Such an agreement is legally binding and enforceable, but will only apply to those who sign it (e.g. the agreement can bind this vendor and its owner(s) if they sign it, but each employee there would also have to execute or sign an agreement to be bound; and it would not bind others who see or come in contact with your designs and wish to copy them).


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