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Typefaces may be protected by a design patent in many countries (either automatically, by registration, or by some combination thereof). A design patent is the strongest system of protection, but the most uncommon. It is the only US legal precedent that protects the actual design (the design of the individual shapes of the letters) of the font ...
However, as with any other copyrighted work, the copyright in a patent, a patent application, or non-patent literature does not extend to any "idea, procedure, process, system, method of operation, concept, principle, or discovery" that may be disclosed in these works. 17 U.S.C. § 102(b). [7] [8]
Design patents cover the ornamental appearance of an item. Design patents can be invalidated if the design is dictated solely by function (e.g. the outline of a key blade blank). Design patents are valid for 14 years from the date of issue if filed prior to May 13, 2015, or 15 years from the date of issue if filed on or after May 13, 2015.
Infringement of a registered design can be identified through ‘the eyes of an ordinary observer’ test. This means that the appearance of an accused design is seen to be an infringement, if the design is significantly similar, and one may purchase the accused design product thinking that it is the patented design. [17]
Frank J. Zamboni & Co., Inc. has taken a strong stance against its trademark dilution, the Zamboni name being used as a genericized trademark for ice resurfacers; [237] the company holds a registered trademark on the design and configuration of the Zamboni Ice Resurfacer by the U.S. Patent and Trademark Office.
An industrial design right (sometimes called "design right" or design patent) protects the visual design of objects that are not 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 ...
Common types of intellectual property rights include copyrights, trademarks, patents, industrial design rights, trade dress, and in some jurisdictions, trade secrets. These may be sometimes called intellectual rights. See outline of patents for a topical guide and overview of patents.
A colour trade mark (British English) or color trademark (American English) is a non-conventional trade mark where at least one colour is used to perform the trade mark function of uniquely identifying the commercial origin of products or services. In recent times colours have been increasingly used as trade marks in the marketplace. However ...