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t. e. An industrial design right is an intellectual property right that protects the visual design of objects that are purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value.
This condition of industrial production is a notable difference between industrial design protection and copyright, since the latter concerns only aesthetic creations. However, in some cases, industrial designs may qualify for protection under copyright, for example where the design can be categorized as a work of applied art. [15]
1) A copyright is held by default with the person whose name it was taken out in, regardless of potential conflicts with state law. 2) If a work contains a mixture of original and copyright infringing material, but it is so intermingled as to be inseparable, then the copyright holder may take all profits from the work.
Copyright in architecture in the United States
Industrial design
Apple Inc. v. Samsung Electronics Co.
Note: if no court name is given, according to convention, the case is from the Supreme Court of the United States.Supreme Court rulings are binding precedent across the United States; Circuit Court rulings are binding within a certain portion of it (the circuit in question); District Court rulings are not binding precedent, but may still be referred to by other courts.
Designer Guild Limited v. Russell Williams (Textiles) Limited, [1] is a leading House of Lords case on what constitutes copying in copyright infringement cases. [2] The House of Lords considered whether there was infringement of a fabric design. Although both the copyrighted work and the infringing design were different in detail, the overall ...