'you can’t patent curved glass'

[mgmueller]

Originally Posted by ScotiaBurrell

mg, if new at conception, and consumers like it, there should be some protection.

I don't disagree.
I just wanted to demonstrate: Noise of an engine may seem ridiculous to some. But to car manufacturers for example it seems to be essential. Else they wouldn't have numerous departments for stuff like that.

[fjtorres]

Originally Posted by mgmueller

Noise of an engine may seem ridiculous to some. But to car manufacturers for example it seems to be essential. Else they wouldn't have numerous departments for stuff like that.

It *is* essential.
(In fact, the Cadillac Cimmaron was an enormous failure not just because it was built off a cheap generic GM platform but also because Cadillac buyers didn't like the engine sound. "It doesn't sound like a Cadillac!" "The engine sounds like a sewing machine!" It was actually a fairly quiet car but the sound that got through wasn't the right kind of sound.)

Anybody who reads car reviews (especially of sports and luxury cars) knows that "exhaust note", throttle noise, and wind/road noise are things reviewers and testers look for. That there will be noise is a given--even electrics have to contend with mechanical noise--but some noises are more annoying than others and some are downright pleasing. Some of that is visceral/atavistic, some of it is cultural, all of it can be monetized through higher sales.
And if it can be monetized it will be studied, refined, and optimized. Which means deep investment over decades. The kind of investment nobody want to see be undercut so wherever possible they seek to protect it.
The easiest ways are to protect their muffler designs, their exhaust layouts, the header designs, the *way* accoustic insulation is applied; to identify the methods that combine to produce their signature sound profile and patent those.
One thing I suspect we'll see and soon is electric vehicle manufacturers trademarking *their* "noise". Because they're so quiet, a lot of localities are requiring EVs to add some kind of distinctive sound so people can hear them coming. Which opens up the door for Tesla to add a trademarked sound generator so anybody can tell Teslas apart from Chevys from Fiskers, and not just automotive aficionadoes.
Harley may have given up on Trademarking their sound but EV manufacturers will very likely do it. And rightfully so, too.

[QuantumIguana]

With a coke bottle, if some other soda company used the same bottle shape, consumers would think that they were buying a product from the Coca-Cola company. There have been some sound trademarks, but they are much harder to get than a trademark on a logo. The NBC chimes are one, if a TV program used the NBC chime, viewers would have reason to think this was NBC programming. But one is going to be confused in their motorcycle purchases just because the exhaust noise is similar.

[theducks]

Originally Posted by QuantumIguana

But one is going to be confused in their motorcycle purchases just because the exhaust noise is similar.

Harley-Davidson has a unique sound (even with stock silencers )

[QuantumIguana]

Originally Posted by theducks

Harley-Davidson has a unique sound (even with stock silencers )

But the engine noise wouldn't fool anyone into thinking that they were buying a Harley Davidson. The name and logo on the motorcycle would tell them what they were buying.

[ScotiaBurrell]

Originally Posted by QuantumIguana

But the engine noise wouldn't fool anyone into thinking that they were buying a Harley Davidson. The name and logo on the motorcycle would tell them what they were buying.

I do not think that is the point of the protection...whether it fools or not -- it is that that belongs to Harley.

[Fluribus]

Originally Posted by ScotiaBurrell

I do not think that is the point of the protection...whether it fools or not -- it is that that belongs to Harley.

The US trademark website says that trademarks are "...used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services."

The trademark is supposed to prevent confusion in the marketplace. Exclusive trademarks allow the consumer to know what company provided the product. If you want to buy a Coca-Cola, you don't end up with Koca-Kola. If there is a problem with the product, you know who to blame.

[taustin]

Originally Posted by Fluribus

The US trademark website says that trademarks are "...used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services."

The trademark is supposed to prevent confusion in the marketplace. Exclusive trademarks allow the consumer to know what company provided the product. If you want to buy a Coca-Cola, you don't end up with Koca-Kola. If there is a problem with the product, you know who to blame.

Trademarks also protect the reputation of the company. Even if there's no likelyhood of confusion as to who actually made the product, it's frowned on to try to cash on on somebody else's good name.

A very complicated (and expensive) body of law, and since trademarks have to be defended, not generally one you want to take chances on (especially if the trademark holder has lawyers on staff).

[ScotiaBurrell]

On the right is a book cover. Jack Daniels sent lawyers out, but they nicely asked author to cease and desist. Must protect the trademark!

http://www.esquire.com/blogs/food-fo...esist-10950956

[ScotiaBurrell]

Originally Posted by pdurrant

There are many ways to reduce a clock face to a minimum without numbers.
This is clearly a copy of someone else's intellectual property.

Here is where this is headed.

The Swiss Federal Railway service, or SBB, told global news service Agence France-Presse (AFP) that it would meet in the coming days or weeks with Apple representatives to reach an agreement over the clock design.

In the AFP article, an SBB spokeswoman dismissed claims the company was seeking financial compensation from Apple, saying SBB did not intend to "upset them by asking for money."

She added that SBB was "proud" its clock had been chosen for iOS 6.

http://news.cnet.com/8301-13579_3-57...n-flap-report/

[pdurrant]

Apple have now licensed the clock design.