Do You Need a Non-Disclosure Agreement for Your Fashion Brand?
I get it, your idea is a precious commodity to you. You’ve been told you must protect it with an NDA (non disclosure agreement) or copyright and secure your corner of the market. It’s your idea, so it’s top secret.
However, I feel like too much energy often goes into this endeavor. Really it’s a moot point if you are just starting out. An NDA should not be at the top of your list- or even on the list at all.
But my lawyer has advised me this is important.
Of course they will! They get paid by the hour to draft up these types of contracts and have no concept of how the garment industry works. ‘Nuf said!
But what about pattern makers and factories? I know they want to steal my ideas or sell them!
Umm, no.
We are in the business of making stuff and built our successes on helping designers succeed. We are engineers and service providers. Let’s say we ripped off one of your ideas. Do you think anyone would work with us anymore? I barely have time to brush my teeth in the morning let alone devote the time to snatching your idea, developing it into my own, producing it, marketing it and shipping it. Even if I did have time, I have my own ideas.
But why won’t you just sign it to make me feel better?
Your 10 page NDA is a financial liability. I’m not going to sign anything that I’m not 200% sure is not going to put me in a bad spot. I will have to pass your NDA to a lawyer to look it over and that’s going to be cost me more than I would probably earn making your patterns. Basically, I have to spend money to even work with you.
Also, if you have no proven brand yet then you have nothing to protect. It only sends the message that you are litigious and I have to watch my back.
What if I am a large organization and have something to protect?
Ok, then we will talk. Large corporations may have something legitimate to protect or the NDA is part of corporate protocol that is bigger than all the parties involved. The protection is not aimed at a specific project but rather the brand reputation and trade secrets that they have invested millions in establishing.
I build relationships with my clients that I hope will last. I may even introduce the idea of a client agreement contract once they reach a certain stage where they are growing and both of us need the protection for “just in case” scenarios because we are dealing with volume ($$$). But when you are starting out with 3 styles I am going to have to say no.
What you are really trying to say...Even if you aren’t meaning to come off this way
“I don’t trust you.”
So you are saying you don’t trust me, but still want to work with me and I’m supposed to be excited to work on your stuff and do my best work?
Yeah. I feel great about this.
Not everyone is honest, but I am
I don’t discuss my clientele with each other and I keep it pretty well under wraps. No one sees what I am working on. I leave it up to my clients to disclose me as a resource. However, if I feel there is a major conflict of interest then I will bring it up or refuse a job. Why? Because it’s the right thing to do!
Who your really need to worry about
Your competition.
They are watching you and seeing what is selling and perhaps blatantly knocking you off. If it worked for you then it’s gotta work for them. Large retailers live to prey on the novelty that small designers develop.
Your customers
If you sell to a big enough retailer you can bet they have their eyes on you. If you are doing well, they may try to find a way to duplicate the product by cutting you out of the picture. I’ve seen this too often to count. Retail is brutal y’all!
Sidenote: I’ve heard more stories than I like of people hoping to hit the jackpot selling on everyone’s fave online retailer (you know who I’m talking about). Yeah, they did well with a product and this site took note. They took the same product and had it knocked off and for sale under their own brand umbrella quicker than you can say “add to cart”. They will crush you and you won’t be able to do anything about it.
What You Should be Investing your Energy into
Listen, I’m not a legal expert but I think it’s far better to invest in your brand development first instead of feeding the paranoia beast. Your first move as a designer should not be to “lawyer up”. Only go that route to form your LLC.
The cold hard truth is that copies do happen but more than likely it will not be because your factory or patternmaker sold the idea. We need you to be successful so you can keep giving us work.
Yes, if you are copied it’s infuriating and feels like an invasion. But if your idea is good it will get copied by someone. Your next move is to keep doing what you do and do it even better. The copiers don’t know your next move. They don’t think like that because it’s all about instant gratification. It is your creative vision, your ideas, and your energy- keep it flowing and moving forward.