Protection of Industrial Designs of Useful Articles: Hearing Before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, One Hundredth Congress, Second Session, on H.R. 1179 ... June 23, 1988, Volume 4 |
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1st Sess 2d Cir Administrator American appearance application for registration artistic automobile British Leyland carmakers Centers chapter companies competitive auto Cong consumers copy Copyright Act copyright law Copyright Office copyright protection Corp corrosion court crash design copyright design features design law design patent design patent law design piracy Designs Act Designs Act 1906 ENBORG excluded fender Ford form of protection garment designs H.R. 20 protection imitation industrial design protection intellectual property issue KASTENMEIER Lanham Act LAW REVIEW Vol LeSportsac LIBRARY OF CONGRESS manufacturers Mazer monopoly Motor original equipment original equipment manufacturer ornamental design plaintiff product design Professor FRYER proposed proprietor registered design repair replacement secondary meaning sheet metal standards statute subject matter Supp supra note tion trade dress trademark law UCLA LAW REVIEW United United States Code utilitarian utility patent vehicle Wham-O
Popular passages
Page 437 - Such works shall include works of artistic craftsmanship insofar as their form but not their mechanical or utilitarian aspects are concerned; the design of a useful article, as defined in this section, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article.
Page 153 - Shredded Wheat"; and thus is sharing in a market which was created by the skill and judgment of plaintiff's predecessor and has been widely extended by vast expenditures in advertising persistently made. But that is not unfair. Sharing in the goodwill of an article unprotected by patent or trade-mark is the exercise of a right possessed by all — and in the free exercise of which the consuming public is deeply interested.
Page 292 - Includes the material object in which the sounds are first fixed. "Pictorial, graphic, and sculptural works" include two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and technical drawings, including architectural plans.
Page 133 - In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.
Page 204 - Not primarily for the benefit of the author, but primarily for the benefit of the public, such rights are Riven.
Page 36 - States, shall have the same effect as the same application would have if filed in this country on the date on which the application for patent for the same invention was first filed in such foreign country, if the application in this country is filed within twelve months from the earliest date on which such foreign application was filed...
Page 38 - An assignment, grant or conveyance shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice, unless it is recorded in the Patent Office within three months from the date thereof or prior to such subsequent purchase or mortgage.
Page 631 - Works of art (Class G). (a) General. This class includes published or unpublished works of artistic craftsmanship, insofar as their form but not their mechanical or utilitarian aspects are concerned...
Page 273 - Unless the shape of an automobile, airplane, ladies' dress, food processor, television set, or any other industrial product contains some element that, physically or conceptually, can be identified as separable from the utilitarian aspects of that article, the design would not be copyrighted under the bill. The test of separability and independence from "the utilitarian aspects of the article...
Page 275 - If the sole intrinsic function of an article is its utility, the fact that the article is unique and attractively shaped will not qualify it as a work of art...