4 ms·
> if I see a dress in a magazine I can make one, what I cannot claim is that it is Dolce and Gabbana That's actually trademark, which is distinct from copyrigh
by kbutler 10y ago
> if I see a dress in a magazine I can make one, what I cannot claim is that it is Dolce and Gabbana
That's actually trademark, which is distinct from copyright or patent.
And notably, clothing designs are not copyrightable, because they are "useful articles", not just creative expressions. https://www.copyright.gov/register/va-useful.html https://www.copyright.gov/register/va-useful.html
Patent: Practical invention, prevents sale even of independent re-invention. 17-20 years.
Copyright: Tangible expression of original authorship, prevents duplication and derivation except for fair use, common stereotypes, etc. Does not prohibit independent re-invention, does not prevent re-use of ideas, just the expression. Has grown to progressively longer term (currently life + 70)
Trademark: Prevents false claims of source of product, even of "confusingly" similar designs. Includes "trade dress" (packaging/presentation). Valid as long as the trademark is used.
Design patent: hybrid - prevents duplication of ornamental design of a functional product, so it is like copyright, but has a duration similar to patent - 14-15 years.