Picture
I buy beach balls by the gross because I like bright colors.
Keeping in line with the obligatory blog posts that include not-so-subtle references to summer time things like play pools, umbrellas, and iced tea, I decided to write about something with a beach theme, with a little bit of an intellectual property spin (because we’re just that fanatical). So imagine my excitement when we found another legal commentator dissecting a summer time item and evaluating it from an I.P. perspective.

The subject item is a….. beach ball! What a quintessential symbol of the summer. In fact, Time magazine recently dubbed the beach ball one of 100 greatest toys of all time (well from 1923 to present, but who’s counting anyways?)

By now you are probably familiar with all the colorful details: a large, inflatable ball with colorful, alternating side stripes, where the article can be used for play at the beach or in water games (see, even that sounded very nerdy!). The point is that a beach ball has been in existence for a long time, and the coloring and design of the stripes along the side of the ball is virtually ubiquitous. Indeed, Time magazine (which recently ranked the beach ball as one of the greatest toys of all time) says that the design that utilizes the colors is relatively common.

So the plain color designs on beach balls (no matter what colors are used) are probably not protected by a copyright because they are already in the public domain by virtue of widespread use. Bad news if you are a beach ball maker and you are thinking about getting copyright protection for your very rad beach ball design, because your design is going to make you boocoo bucks. But is that the end of the line for your dreams to become the beach ball rock star?

Copyright only attaches to specific original works of authorship that include specific elements. As we all learned from the Feist phone book case, there must be some degree of creativity. Isn’t the placement of colored stripes across a beach ball creative? Yes, if you are the first person to do it and you are the actual author (or beach ball artist, in this case). After all, the “sine qua non of copyright is originality” and if your work isn’t original, then no copyright protection for you. Sorry to burst your beach ball.

But does this mean your idea to protect the most awesome beach ball design caput? Not necessarily. There’s always trade dress protection. If your color arrangement are unique enough to where the design itself points back to a particular source, then that may be enough to get you trademark protection in the colors on a specific product. However, the color arrangement must be inherently distinctive (think of the colorful assortment of LV monograms and ornamental designs that Louis Vuitton uses on its handbags). So the design must indicate a source. If it doesn’t then you have to show that everybody knows the color arrangement and knows that it belongs to you. If they don’t, well, you are just another ball lost in the sea of like-colored beach balls!

 So taking another look at the beach ball example, the simple arrangement of colored panels across a ball is not enough to make the design inherently distinctive because, well, the design is just so darn common. Now if you did some kind of a crazy, swirly pattern of a mishmash of colors and arranged them in a specific pattern across the face of the ball, you might be able to claim that that arrangement of colors is distinctive and capable of identifying you as the source. If not, then you would have to wait a few years and promote the heck out of your beach ball design so that consumers know who you are and that you are connected with the product. You can hit some snags (like having your design be found as functional because it is designed to help people find their lost beach ball in the water, or something utilitarian like that). But if you are set on achieving beach ball economic stardom with an arrangement of the traditional color panels, follow this advice you must.

Now go out there, toss a ball around, and have some summer fun!


 


Comments

05/18/2015 12:51am

Education teaches us that we should help out each other in the time need and education gives us awareness that all of the human beings are for the help of each other, and we should support each other.

Reply
07/11/2015 3:45pm

As nice blog,but you could have made this blog more cool if you could configure the language changer pluigin but all the same you have done a good job

Reply

Really structured and useful information. And everything is clear, thanks. I looked through some posts and must say, they are very interesting. Best regards, essay writer.

Reply

Everyone new but no one cares.

Reply

Java Programming Assignment Help Assignment and Online Homework Help Java Programming Assignment Help James Gosling and Sun Microsystems created Java in 1995.

Reply

Cost Audit Auditing Homework Help, Online Auditing Assignment & Project Help DEFINITION Cost audit has been defined as "the verification of cost accounts and a check on adherence to the cost accounting plan."

Reply
11/29/2015 10:37pm

Data Binding C# Assignment Help, Online C# Homework & Project Help The previous examples have used the DataGrid and DataGridView controls, which form only a small part of the controls in the .NET runtime.

Reply

Circuits Physics Homework Help and Circuits Physics Assignments Help available 24/7, as well as Assignments Experts and Tutors also available online for hire for Physics Projects.

Reply

Linear Programming Stats Homework, assignment and Project Help, Linear Programming Assignment Help In accounting,Linear Programming (LP) is the statistical strategy to optimally allocating limited resources

Reply
11/30/2015 3:26am

We are number 1 in article spinning services. You can hire us for manual spinning, automated spinning and article rewriting. We use all kinds of top spinners.

Reply
01/03/2016 4:24am

Gone are the canicule ambit abettor bikes were of bright rates, in the accepted condition, affluent aberrant automated acquisition are abstemious the bike which has accomplished the aerial as can be expenses. It would be on the accomplished constant with say that the costs of abettor bikes see counterbalanced at the accompanying of the costs of automobiles in the business.

Reply
01/22/2016 2:54pm

Loved to read your blog. I would like to suggest you that traffic show most people read blogs on Mondays. So it should encourage blogger to write new write ups over the weekend primarily.
Great post! Interesting information and cute writing style.

Reply
03/27/2016 12:20pm

In addition, you accusation see a fulltime chance all through the auspice six ages and your bacon case be no below than 1000 for constantly. A haversack time later, you see abashed through these advances in complete way.

Reply
04/07/2016 12:13pm

There are a brace supervised costs in a payday advance! Keep in mind, in the accident that you are not congenital to pay this beforehand and you appear to lose your occupation, the alarm does not stop. In the accident that you absence on the credit, which bonds the above in animosity of ancillary redirection.

Reply

A able outline makes a segregating arresting article. Authentic ascendancy for article authentic makes an abecedarian achieve his agenda speedier and beneficially. It is the amidst bit of the prewriting advanced of action of a paper.

Reply

Great informative site. I'm really impressed after reading this blog post. I really appreciate the time and effort you spend to share this with us! I do hope to read more updates from you.

Reply
08/11/2016 5:47am

This is the first time I came to this blog and I found some relevant stuff here. Basically I keen to know new parameters of writing every-time and sometime it become really very hard to find such kind of platform.

Reply
09/04/2016 8:52pm

http://jellygamatgoldgasli.com/

Reply

News programmes have suddenly become hot property and are vying for attention with other popular programmes telecast in different channels.

Reply
12/05/2016 1:28am

Thanks for the knowledge on.......

Reply

The number of what could be considered to be the best college sports fan sites has grown to thousands across the Internet.

Reply
12/14/2016 10:25pm

Newspaper plagiarism is a common practice today, especially for national and international stories. A writer in San Francisco can read a story in New York at 3:00 AM (EST) and have it ready to go in his own paper for the Midnight (PST) deadline. If he writes carefully and only plagiarizes the quotes, he might just get away with it and keep his job. The story won't be Pulitzer material, but who cares? The deadline will be met, the story will get published, and no one will be the wiser for it, right?

Reply
01/01/2017 6:08am

That is the reason it is absolutely critical to teach yourself about the condition of the home loan advertise today and what it is you have to do and have keeping in mind the end goal to get the credit you have to buy a home.

Reply

Very informative post. I was looking for information about this topic and this post really helped me a lot. Thanks for sharing.

Reply

You have a great sense of writing I must say. Your post has those facts which are not accessible from anywhere else. It’s my humble request to u please keep writing such remarkable articles.

Reply
03/11/2017 1:10pm

Many people make full use of post-its attached with the actual speakerphone to assist all of them keep in mind that is on-line.

Reply
03/12/2017 3:08pm

Based on the Ayurvedic program, Ashwagandha is the greatest supplement with regard to managing Vata in your body.

Reply
03/13/2017 7:56am

You will find additional natural herbs and also dietary supplements you are able to get however the over best foundation.

Reply
03/13/2017 2:21pm

Pumps as well as other gadgets additionally very quickly tackle hard-on issues, although the length in the impact is very brief.

Reply

It might big surprise a person to discover exactly how content lots of people within their sixties are generally using their sexual existence.

Reply

So it is checked personally, not without adducing any proof.

Reply
04/16/2017 12:21am

Reply
06/03/2017 10:49pm

Too often there are unexpected conditions requiring money instantly that are just out of your control.

Reply
06/04/2017 11:38am

Different things you may require vary from area to area. It is a sure thing to call the area before going out to figure out what you should have with you.

Reply



Leave a Reply