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Was covered. Coke's bottle design patents have been expired for close to 70 years or more. I had to look this up, because I figured there was somehow a risk th

Was covered. Coke's bottle design patents have been expired for close to 70 years or more. I had to look this up, because I figured there was somehow a risk that Coke had managed to get century-long patents in America.

tooltalk 8y ago
No. design patents only last 15 years. Coke's bottle design I believe is protected under trade dress/mark, which allows Coke's unique design to be protected in perpetuity. https://www.upcounsel.com/trade-dress https://www.upcounsel.com/trade-dress: "When deciding whether to obtain a trade dress trademark, a design patent, or both, you should first consider what each protects: Design patent - protects the design of a product giving you exclusivity over the design for a certain period. Even if you don't manufacture or sell the product, you are still protected by a design patent. Trade dress - protects your investment in marketing and advertising where you have created a particular image for your product, and consumers exclusively associate that image with your product. As design patents and trade dress protect different things, the requirements are different for both: Design patent - the design firstly has to be new and cannot be a variation of a design that already exists. The design must also be ornamental in nature, rather than purely functional. That said, it can have some functionality. Trade dress - a trade dress must be something that is distinctive and connects the consumer to the product, i.e. the consumer instantly recognizes the source of the trade dress. Unlike a design patent, it cannot be functional in any way. Design features that have a function should be protected with a design patent." Do note that all of Apple's 'trade dress' claims were thrown out because of their failure to meet "non-functionality"/ornamental requirement.
Angostura 8y ago
I stand corrected. Thank you.

tooltalk 8y ago

No. design patents only last 15 years. Coke's bottle design I believe is protected under trade dress/mark, which allows Coke's unique design to be protected in perpetuity. https://www.upcounsel.com/trade-dress https://www.upcounsel.com/trade-dress: "When deciding whether to obtain a trade dress trademark, a design patent, or both, you should first consider what each protects: Design patent - protects the design of a product giving you exclusivity over the design for a certain period. Even if you don't manufacture or sell the product, you are still protected by a design patent. Trade dress - protects your investment in marketing and advertising where you have created a particular image for your product, and consumers exclusively associate that image with your product. As design patents and trade dress protect different things, the requirements are different for both: Design patent - the design firstly has to be new and cannot be a variation of a design that already exists. The design must also be ornamental in nature, rather than purely functional. That said, it can have some functionality. Trade dress - a trade dress must be something that is distinctive and connects the consumer to the product, i.e. the consumer instantly recognizes the source of the trade dress. Unlike a design patent, it cannot be functional in any way. Design features that have a function should be protected with a design patent." Do note that all of Apple's 'trade dress' claims were thrown out because of their failure to meet "non-functionality"/ornamental requirement.

Angostura 8y ago

I stand corrected. Thank you.