Suzie Cosmetics: IP Challenges of a Global Brand - Essay Sample

Introduction

Suzie cosmetics retail business is oriented to deal with skincare, makeup, and cosmetics products. While aiming at obtaining recognition as a worldwide brand, the company is likely to face significant challenges related to intellectual property. There are a vast number of companies specializing in cosmetics retailing. Therefore, the company needs to have prior awareness of the various business challenges likely to be faced. The company needs to think radically and proactively to protect their intellectual property. Intellectual property is among the legal aspects which are highly fragile, hence once it has been compromised, and it is impossible or difficult to recover the rights. Therefore, there is a need for understanding and overall awareness on the effective management of Intellectual property rights for Suzie Company. The paper focuses on identifying the significant challenges Suzie Company is likely to face about intellectual property rights.

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Some of the essential standard tools essential for Intellectual property management in the jewel industry include trade secrets, designs, and copyright and trademark rights. Suzie Cosmetics Company is likely to experience challenges implementing patents, copyrights, and trademark rights to the business plan. Any resulting violation of legal rights can potentially lead to branding and legal consequences.

Copyright Protection

Copyright refers to the exclusive legal right to distribute, sell, publish, or reproduce the matter to create something (Kuruk, 2020). Copyright rights include aspects as computer software, literature, and other essential elements of a product. In jewelry design, there are several exclusive rights entitled to copyright holders concerning their work. A Jewelry piece being produced must have the original author’s expression with possession of minimum creativity inscribed. Suzie Company should focus on developing complicated designs to overcome issues related to copyright protection and increase chances for recognition as original work by the Copyright office to warrant registration. Registration for copyright is an essential consideration for the cosmetic company since it allows protection of the work creating a public record of the piece validity by providing the critical facts of the brand. The company is likely to experience high competition through branding names and other related activities. Therefore, the company needs to ensure its brand and products are registered for copyright infringement.

Trademark Protection

Trademark entails aspects such as design, symbol, name, or a combination of any used in the retail industry to distinguish or identify the products from a given seller or manufacturer from one another, allowing clear indication of product source (Stim, 2020). In the Jewelry industry, a trademark involves the design of a given product that has been protected as unregistered. The Supreme Court entirely protects product design, therefore, the owner must show the related secondary meaning of a given product. Thus, the consumers must directly recognize the configuration or the shape of the product automatically and know the brand or the source.

Suzie Company should recognize the fact that, while copyright applies on the product at the point of inception, in contrary, trademark only applies after the company as aggressively advertised the product or design for at least five years. The product, therefore, has been established to the consumers to the success rate despite having parties that have tried to infringe the design. Suzie Company should, therefore, incorporate into business plan all the essential legal protections for intellectual property to avoid any legal consequences and maintain the success rate in the Jewelry industry.

References

Kuruk, P. (2020). Traditional knowledge and intellectual property rights. In Traditional Knowledge, Genetic Resources, Customary Law, and Intellectual Property. Edward Elgar Publishing. https://www.elgaronline.com/downloadpdf/9781785368479/08_chapter3.xhtml.pdf

Stim, R. (2020). Patent, copyright & trademark: an intellectual property desk reference. Nolo.