Re: protection of furniture design

From: Art MacCord <amaccord[_at_]rcblaw.com>
Date: Mon, 13 Mar 2000 09:19:04 -0500

On Fri, Mar 10, 2000, 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.)

Being located at the heart of the furniture industry, we have a lot of experience in protecting furniture designs. There are a number of different theories that can be used, depending on the facts:

For novel, non-obvious useful improvements, utility patents can be obtained, provided that the application for patent is filed within one year of when the design is first offered for sale or described in a printed publication.

For novel, non-obvious ornamental (i.e. no new utility) improvements, design patents can be obtained, provided that the application for patent is filed within one year of when the design is first offered for sale or described in a printed publication.

For original design elements that are conceptually or physically separable from the useful article, copyright protection should be available.

For non-functional, inherently distinctive designs or non-functional designs that have been used or publicized so much that they have secondary meaning (i.e. the public sees the design and knows from what they see the source of the product), trade dress protection may be available.

            Art MacCord
            Rhodes & Mason P.L.L.C.
            1600 First Union Tower
            Post Office Box 2974
            Greensboro, North Carolina  27402

            Email: amaccord[_at_]rhodesmason.com <mailto:amaccord[_at_]rcblaw.com>

            (336) 273-4422
            (336) 271-2830 Fax

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