Design Rights

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Each year on March 5, the U.S. design community celebrates National Industrial Design Day, a moment to recognize the professionals behind the products we use every day. First entered into the U.S. Congressional Record in 2015, the day acknowledges that industrial designers improve our lives in countless ways by shaping products that are not only functional, but also visually distinctive and commercially valuable. For businesses, great design is more than aesthetics; it is a strategic asset. Thoughtfully-designed products drive consumer recognition, brand loyalty, and significant revenue across industries.Continue Reading Happy National Industrial Design Day

“Aber ist es Kunst?”

That question—“But is it art?”—was before the German Bundesgerichtshof (“BGH”), or Federal Court of Justice, in a recent proceeding involving the well-known Birkenstock sandal design. Birkenstock Group (“Birkenstock”) had sought relief against three rival sandal makers, asserting that the defendants’ products infringed Birkenstock’s copyright on its sandal design. Exemplary designs at issue are shown below.Continue Reading German Birkenstock Decision Shows the Limits of Copyright Protection for Functional Designs