Re: P, T and C

From: <ArborLaw[_at_]aol.com>
Date: Wed, 11 Sep 1996 23:49:45 -0400

We don't even need to reach into trade dress protection to come up with this (Coca Cola bottle). I think it's possible that a graphic design could be capable of design patent, design trademark, and design copyright protection, particularly, say, something like a computer screen icon (such as a dumpster or trashcan...), some of which have already received design patent protection. Also, with a trade dress item such as a bottle shape, you have a less perfect overlap in what is actually being protected, because of the restrictions on protecting functional characteristics in both trademark and 2D/3D copyright.

I've been worried for some time now that design patent, design trademark, and design copyright are going to plow headfirst into each other with disastrous precedential consequences, particularly since the possibility of perpetual protection under trademark law seems to be at complete odds with the "limited times" language ni the enabling clause and the basic structure of the copyright and patent laws, as well as with Sears/Compco and progeny caselaw and the caselaw in the patent arena indicating that when the thing is out of protection, its out. However, see the recent thread on this list about continuing the Mickey Mouse hegemony through trademark protection after life+50&or75~+20 is over.

My guess is overall this will be OK, because the same rights and remedies are not afforded by the differing forms of protection. Right?

Carol Shepherd
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   Carol Ruth Shepherd                          arborlaw[_at_]aol.com
                                           shepherd[_at_]arborlaw.com
                                             320 S Main Box 8403  
        business,                             Ann Arbor MI 48107 
 technology, entertainment                   +1 313 668 4646 tel   
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==--====-==-=-=-==--=--====--=-=-=-====---===-=-=-====---===---= Received on Thu Sep 12 1996 - 03:56:21 GMT

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