Little Knowledge on IP – When Shapes Become Copyrighted : The Power of Design in IP Law

Little Knowledge on IP – When Shapes Become Copyrighted : The Power of Design in IP Law

Shape as Trademark : Unique shapes can be trademarked if they’re distinctive enough, like the Coca-Cola bottle, which is recognized as a symbol of the brand.

Artistic Value Matters : For a shape to be protected, it must have artistic value and not just be functional. Apple’s iPhone design is an example of a trademarked shape with aesthetic appeal.

Design Patents : Shapes can also be protected by design patents, which cover the look of a product. The Coca-Cola contour bottle was granted one in 1977.

Market Protection : IP protection ensures brands maintain a unique identity in the market, preventing competitors from copying distinct shapes.

Limitations on Protection : Not all shapes qualify for protection—only those that are distinctive and non-functional can be copyrighted or trademarked.

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