Re: autographs

On 19 Jan 2000, Neil Wilkof <wilkofnj[_at_]inter.net.il> wrote:
>
> On Mon, 17 Jan 2000, Peter Groves <peter.groves[_at_]virgin.net> wrote:
> >
> > On 15 Jan 2000, Sylvie Fodor <s.fodor[_at_]akg.de> wrote:
> > >
> > > I would be interested to know how, according to your opinion,
> > > Autographs -- meaning the photo of the signature of a person,
> > > dead or alive, famous or not - are to be treated?
> > >
> > > Can they be protected by copyright? Do they have to be registered
> > > as trademark?
> > >
> > > Any kind of answer out of any country is welcome.
> >
> > There cold be some copyright protection in the UK if it could be argued
> > that the signature was an original artisitic work, but that would surely
> > be a difficult argument to run. My advice to a client in this situation
> > would be to try to register a trademark.
>
> But how would a trademark application for an autograph fare in the
> U.K. in light of the Elvis case?

Well, from memory the Elvis case involved the word mark having lost its distinctiveness by virtue of having been undefended too long. Whether that had anything to do with the signature mark that was also refused is something I can't answer without re-reading the case. I recall that the judge remarked that the signature was pretty ordinary, so it wasn't capable of distinguishing, and that was certainly fatal. Also, remember that this was a 1938 Act case.

There are relatively few signature marks on the register in the UK, partly no doubt because of the narrow protection that such registration would give. However, a signature can be a "sign" within the meaning of the legislation, is capable of graphical representation (indeed, it requires it) and is capable of distinguishing -- which of course is what signatures are all about. So, Elvis notwithstanding (and there are other cases that say a non-distinctive signature is not registrable) trade mark protection would seem to be the way to protect a signature. I don't know whether the signature "Diana" has been registered.

As for copyright, there is no authority that I can find one way or the other.

Peter Groves
<peter.groves[_at_]virgin.net> Received on Wed Jan 19 2000 - 16:32:19 GMT