Why Intellectual Property Law Matters for Interior Designers
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In an effort to better understand the biggest challenges interior designers face, I spend time in several interior design Facebook groups, and one issue that keeps coming up is intellectual property (IP) violations. So, let’s break down what IP law actually is and why it matters to interior designers.
What is Intellectual Property (IP) Law?
Intellectual property law protects creative work, inventions, and brand identity. That includes copyrights, trademarks, patents, and trade secrets. In creative industries like interior design, IP law is essential — it helps protect your unique ideas, designs, and innovations from being copied or misused.
Why IP Protection Is Crucial for Interior Designers
Interior designers invest a lot of time and energy into developing unique looks, sourcing materials, and creating custom client experiences. Without IP protection, those ideas are vulnerable to being copied, impacting your brand, business, and income. Below are a few key reasons IP law matters, along with insights from Erica Canas, Esq. — an IP attorney who works with interior designers:
Protecting Original Designs
Copyright law protects artistic works, including original ornamental aspects of furniture designs, wallpaper and fabric designs, design drawings, photographs, and other custom decor elements. Do interior designers typically apply for copyright protections on their designs?
Copyrighting interior design works is critical for some interior designers. For instance, I’ve had a client able to pursue her rights to exclusive use of her fabric design when a tile manufacturer lifted her designs to create tiles. Because she had her fabric design registered, she was able to put a lot of weight behind her attempts to stop the infringer, including having the tiles removed from social media through takedown notices, and sending quite persuasive cease and desist demands directly to the infringer. Also, having the work registered means that she can sue the infringer for actual or statutory damages, and potentially attorneys’ fees as well.
Another common scenario is the copyright to photography of interior design. Designers who register their photographs (or obtain exclusive licenses from the photographers) will have a much easier time enforcing their exclusive rights against those who might impermissibly use the photos for their own commercial purposes.
Safeguarding Brand Identity
Trademarks protect business names, logos, and slogans, ensuring that a designer’s brand remains distinct in the market. How important is it to trademark your business names, logos, and slogans?
If a designer’s trademark, whether it’s a name, logo, or slogan, is important to their business, then they should absolutely apply for a trademark registration. For instance, if an interior designer markets their services under a unique and/or fanciful name (something other than Jane Smith Interior Design), they might want to make sure that no other designer is able to use that same name. A trademark registration makes their trademark rights enforceable in court and can also act as a deterrent to would-be infringers.
Preventing Unauthorized Reproduction
Patents can be used to protect novel furniture or decor innovations, preventing competitors from manufacturing identical pieces. Is a patent necessary, and what protection does it actually cover?
A utility patent protects a new and non-obvious invention for how a piece of furniture may work mechanically, e.g., a new kind of lever mechanism for reclining chairs. On the other hand, a design patent protects only the ornamental aspect of furniture or a décor item, e.g., the non-functional curvature ornamentation for the handles of a vase (but not the handles themselves). Patents are generally quite complicated and expensive to obtain. However, there are other measures designers can take to protect their designs, including appropriate non-disclosure agreements with their personnel, vendors, and manufacturers.
Ensuring Fair Compensation
Legal protection allows designers to license their work, ensuring they receive due credit and financial benefit. How diligent should interior designers be regarding searching for the illegal use or sharing of their work by others in the design industry?
Interior designers must actively monitor their work and protect their IP rights. If a designer discovers that someone has infringed on their work, it’s important to take prompt action, even if it’s just sending a cease-and-desist letter. Failing to address the issue can lead to the risk of being seen as having abandoned the IP or accepted its unauthorized use.
How Interior Designers Can Protect Their Work
Because IP law for interior designers is quite specific and unique to each design, product, or designer, please consult with an IP attorney as to whether you need to consider any or all of the IP protections below.
To safeguard creative assets, interior designers should consider:
Registering copyrights for original drawings, digital renderings, photographs, and any other creative work fixed in a tangible medium.
Trademarking their brand name, logo, and signature design elements.
Applying for patents if they develop novel and non-obvious furniture or decor items.
Using contracts and licensing agreements to clarify ownership and rights when working with manufacturers and clients.
Staying vigilant and taking legal action if their work is copied or misused.
In a highly competitive and visually driven industry, intellectual property law serves as a vital safeguard for interior designers. By understanding and utilizing IP protections, designers can ensure their creative visions remain their own, preventing unauthorized use and securing their business’s future success. Whether you are an independent designer or part of a larger firm, staying informed about IP law can make a significant difference in protecting your work and brand.
If you’re curious about your potential IP rights or how best to strategize an IP protection plan, Erica Canas, Esq. — an IP attorney who specifically works with interior designers, may be able to help. She helped answer some of the questions we had when writing this article, and we’re sure she’ll have great insight for you as well. You can find more about her services at ID Law Shop.
xx, Danae