• Not original.
• Staple or commonplace, such as a standard geometric figure, a familiar symbol, an emblem, or a motif, or another shape, pattern, or configuration which has become standard, common, prevalent, or ordinary.
• Different from a staple or commonplace design, such as a standard geometric figure, a familiar symbol, an emblem, or a motif, or another shape, pattern, or configuration which has become standard, common, prevalent, or ordinary only in insignificant details or in elements which are variants commonly used in the relevant trades.
• Dictated solely by a utilitarian function of the article that embodies it. 17U.S.C.§ 1302(l)-(4).
1305.3 Ineligible Vehicles and Other Useful Articles
Protection does not extend to any vessel design that is not embodied in a "vessel," such as:
• Sea planes
• Paddle boards
• Surfboards
• Barges
• Floatable military shooting targets
1305.4 Designs Made Public More Than Two Years Prior to Application for Registration
A vessel design must be registered within two years of being made public or it will lose protection because a design that is embodied in a vessel "that was made public by the designer or owner in the United States or a foreign country more than two years before the date of application for registration" of the design is ineligible for protection.17 U.S.C. § 1302(5).
1305.5 Designs Protected by Design Patents
Vessel designs may not be protected under Chapter 13 of Title 17 if they have design patent protection under Title 35 of the United States Code. 17 U.S.C. § 1329. Vessel design protection under Chapter 13 ceases if and when a U.S. design patent is issued for the design.
Chapter 1300 : 8
12/22/2014
