37 C.F.R. §202.10 - Pictorial, graphic, and sculptural works
| Cite as | 37 C.F.R. §202.10 |
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36 cases
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Lego A/S v. Best-Lock Constr. Toys, Inc., 3:11-cv-01586 (CSH)
...and Lego should not have been permitted to file suit for infringement.Between 1956 and 1995, United States Copyright Office Rule 37 C.F.R. § 202.10 directed, in relevant part, that:The potential availability of protection under the design patent law will not affect the registrability of a w......
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Esquire, Inc. v. Ringer, 76-1732
...refused to register Esquire's claims to copyright. The principal reason given was that Copyright Office regulations, specifically 37 C.F.R. § 202.10(c) (1976), preclude registration of the design of a utilitarian article, such as lighting fixtures, "when all of the design elements . . . are......
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Parfums Givenchy v. C & C BEAUTY SALES, CV 92-7455 MRP.
..."a print or label that 832 F. Supp. 1392 contains the requisite qualifications for copyright even though there is a trademark on it." 37 C.F.R. § 202.10(c) Moreover, the Amarige Box Design is physically separable from the perfume with which it is associated and thus does not even raise an i......
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Varsity Brands, Inc. v. Star Athletica, LLC, 14–5237.
...also may not consider “the intention of the author as to the use of the work” in determining whether a pictorial work is registrable. 37 C.F.R. § 202.10(a).With this background in mind, we now turn to address whether Varsity's designs “incorporate[ ] pictorial, graphic, or sculptural featur......
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6 firm's commentaries
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Protection of Designs in the United States
...copyright may be a useful means of protection. But such cases are rare. [9] In re Yardley, 493 F.2d 1389, 181 USPQ 331 (CCPA 1974). [10] 37 CFR 202.10. [11] 17 USC [12] 17 USC 412. [13] 17 U.S.C. 410. [14] 15 U.S.C. 1127. [15] 15 U.S.C. § 1051(a). [16] 15 U.S.C. 1051(b). In the case of an a......
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Corporate Logos and Copyright: Another Bite at the IP Apple
...or sculptural work [pursuant to 17 U.S.C. § 102(a)(5)], a work “must embody some creative authorship in its delineation or form.” 37 C.F.R. § 202.10. The logo must demonstrate “artistic features” above and beyond serving as a mere identifier of the source of goods or services. See Fabrica I......
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Drawing a Line in the Floor—Courts Are Struggling With the Overlap Between Design Patent and Copyright
...to do so, rescinding the doctrine in 1995 and promulgating a new regulation allowing dual filing, which remains in effect today. See 37 CFR § 202.10(a) (1995). But, as the Copyright Office’s comments in the federal register point out, the Supreme Court in Mazer “expressly refused to enterta......
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Drawing a Line in the Floor—Courts Are Struggling With the Overlap Between Design Patent and Copyright
...to do so, rescinding the doctrine in 1995 and promulgating a new regulation allowing dual filing, which remains in effect today. See 37 CFR § 202.10(a) But, as the Copyright Office’s comments in the federal register point out, the Supreme Court in Mazer “expressly refused to entertain the i......
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