Re: protection of furniture design

On 3/10/00, Joelle Savean <librarian[_at_]lex.net> wrote:
>
> Does the designer/creator of a unique piece of furniture have any
> right to the exclusive use of the design? For example, Frank Lloyd
> Wright used unique materials (woods and fabrics) and original designs
> for furniture. Do such designers/creators have any right to protect
> their works from _exact_ duplication by another? (This question
> arises in the U.S.)

This is really somewhat of a trick question, as long as you meant really exclusive. The copyright laws never provide exclusive use, just protection from copying.

However, largely non-functional design elements under some court interpretations of trade dress and trademark law might provide exclusive protection in the US as long as the other requirements of these laws were met. Patent law would also provide exclusivity for a period of time for the unique elements that could be patented.

Of course, if no one saw it or sat on it without signing a non-disclosure agreement, you might also have a trade secret, as long as it was not too well-known publicly or incorporated a combination of traits that were not well-known as a combination! But this, just like copyright law, is also not exclusive.

Best wishes.

Cliff Potter

Quarles & Brady
Law Offices
<rcp[_at_]quarles.com>

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