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benburton
122
Sep 16, 2015
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FFS, the creator doesn't own Signature Plastics. I don't see why anyone would need his consent.
Sep 16, 2015
Shiftking
4
Nov 10, 2015
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benburtonNo, but he does own the intellectual property that was leased to SP to use, so you know, that's why he can say that.
Nov 10, 2015
gnoop
100
Nov 11, 2015
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ShiftkingWhat intellectual property would that be? The colorway itself isn't protected (color on useful articles, in this case). The text isn't legally protected and the novelty, being a basic shape, also doesn't fall under copyright protection (though could be potentially be trademarked if Mito was willing to spend the money on such).
In our case the color is part of the useful design; without it, we have no color differentiation for the text on the caps themselves.
As a reference, here's the bit from US copyright law talking about color on useful articles:
906.8 Functional and Useful Elements
The copyright law does not protect useful articles, utilitarian designs, or any functional portion of a pictorial, graphic, or sculptural work. However, the decorative ornamentation on a useful article may be registrable if it is separable from the functional aspects of that article. For example, a lamp is a considered a useful article, because it has an intrinsic utilitarian function, namely, to provide lighting. By contrast, a three-dimensional floral design affixed to the base of a lamp or a two-dimensional garden design painted on a lamp shade does not have a useful purpose. The U.S. Copyright Office may register those design elements if they are separable from the functional aspects of the lamp and if they are sufficiently original and creative. Fabrica, Inc. v. El Dorado Corp., 697 F.2d 890, 893 (9th Cir. 1983) (“if an article has any intrinsic utilitarian function, it can be denied copyright protection except to the extent that its artistic features can be identified separately and are capable of existing independently as a work of art”).
For a general discussion of the legal standard for evaluating useful articles, see Section 924.
Nov 11, 2015
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