'you can’t patent curved glass'

[ScotiaBurrell]

An interesting thought.

Try introducing a soda in a container that’s easily mistaken for a Coke bottle and see how far “har har har, you can’t patent curved glass!” gets you as a defense.

I wonder what would happen.

http://tracks.ranea.org/post/31538696331/iconic

[taustin]

So few people grasp that there is a difference between copyright, patent and trademark protection. Much less what that difference is.

And you most certainly can trademark a distinctive shape, or any number of other things that uniquely identify your products and services, as I'm sure Coke has done with the shape of their bottles. There are a number of registered trademarks on colors, and competing products cannot use those colors. Harley Davidson has a registered trademark on the distinctive sound of their motorcycles (which they've spent millions to make consistent on modern engines - it came from the earlier models that used washing machine motors and had no real carburetor). Dave Hestor of Storage Wars fame has a registered trademark on his distinctive "YUUUUPP!" that he uses to bid.

[ScotiaBurrell]

Originally Posted by taustin

And you most certainly can trademark a distinctive shape, or any number of other things that uniquely identify your products and services, as I'm sure Coke has done with the shape of their bottles.

Interesting that foes have tried to reduce apple trade dress claims to a simple soundbite..."rounded corners" much like 'curved glass' in subject line.

[carpetmojo]

Originally Posted by taustin

...............................Harley Davidson has a registered trademark on the distinctive sound of their motorcycles (which they've spent millions to make consistent on modern engines - it came from the earlier models that used washing machine motors and had no real carburetor).....................................

I'd love to know how they could prove the difference between an (allegedly) "designed" 4-stroke engine sound and one that sounds similar purely because it has a particular cylinder layout, uses no supposedly sound-altering devices, and, say, straight pipes.
Rather strange how some other motors have a distinctive engine sound without any extra effort being made to enter a "sound boutique" competition.
Still, I suppose Harley had to find something radical and important to develop on their power plants .......

[DarkScribe]

Originally Posted by carpetmojo

I'd love to know how they could prove the difference between an (allegedly) "designed" 4-stroke engine sound and one that sounds similar purely because it has a particular cylinder layout, uses no supposedly sound-altering devices, and, say, straight pipes.
Rather strange how some other motors have a distinctive engine sound without any extra effort being made to enter a "sound boutique" competition.
Still, I suppose Harley had to find something radical and important to develop on their power plants .......

If the sound is completely natural they can't claim any form of infringement. They can if a pipe or expansion chamber is "tuned" to mimic their bikes. This was discussed in depth at the time when they took out the copyright. Yamaha Viragos had a modification kit that made the 1100cc models sound like Softails. That was in breach.

It is like the Cadbury "purple" I can paint my car that colour, but I couldn't sell block of chocolate in a wrapper that colour.


What fascinates me is the suggestion that a Harley had a washing machine motor. I can see some outlaw club members chocking on their colours.

[ScotiaBurrell]

Originally Posted by DarkScribe

If the sound is completely natural they can't claim any form of infringement.

An engine is not natural.

[Dave_S]

Originally Posted by ScotiaBurrell

An engine is not natural.

But, the sound that a particular configuration of engine components and sizes makes is natural for that particular configuration. Does that pick your nit any better?

[kennyc]

More abuse of a patent system out of control. The results will be more devastating than the housing market crash...

[QuantumIguana]

Trademarking the sound of an engine is ridiculous. I can make a knock-off soda that tastes the same, I can make a knock-off perfume that smells the same, but I can't make an engine that happens to sound like a Harley-Davidson? Engine noise is a side effect, it's like trademarking exhaust fumes.

[Phogg]

Originally Posted by ScotiaBurrell

Interesting that foes have tried to reduce apple trade dress claims to a simple soundbite..."rounded corners" much like 'curved glass' in subject line.

Maybe Apple including a common, not terribly distinctive shape and a common color in their patent was so stupid that it merits the derision. To the point where people stupid enough to defend that are pretty much worthy of the same mockery.

[Dave_S]

Originally Posted by QuantumIguana

Engine noise is a side effect, it's like trademarking exhaust fumes.

Obviously you are not a Harley fan.

It really does seem a bit on the trivially silly side, just like Apple's silly patents.

[foghat]

Originally Posted by QuantumIguana

Engine noise is a side effect, it's like trademarking exhaust fumes.

Trademarking aside. Not sure if serious. There are many car/bike enthusiasts who would disagree. Myself included.

[ScotiaBurrell]

Originally Posted by Phogg

Maybe Apple including a common, not terribly distinctive shape and a common color .

Much more included than shape and color. You are responding to soundbites.

Is Cokes bottle shape protection worthy in your opinion?

[Hellmark]

Originally Posted by ScotiaBurrell

An interesting thought.

I wonder what would happen.

http://tracks.ranea.org/post/31538696331/iconic

There are design patents though. It covers the ornamental design for a functional object.

[taustin]

Originally Posted by ScotiaBurrell

Interesting that foes have tried to reduce apple trade dress claims to a simple soundbite..."rounded corners" much like 'curved glass' in subject line.

Trademarks have to be actively defended. If you find out someone is infringing, and you don't do anything about it, you can easily lose the trademark. This is the reason for so many stupid and offensive cease & desist letters from lawyers.