Thread: Legal Issue
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WillR wrote:


Nova wrote:
I don't think you can get a copyright on a piece of furniture. For
the actual plans I'd say yes but not the piece itself. See:

http://www.legalzoom.com/law_library...protected.html



If it is considered a work of art, an original piece, an artistic
expression -- then you are wrong for sure.

See my other two posts.


Furniture would be covered under a design patent. To be considered
"art" a creation generally has no other function to serve as "art".

There have been many court cases involving furniture manufacturers where
one claims the other copied their design. It gets rather tricky as to
what design or portion of a design is already in the public domain due
to prior public use under "35 U.S.C. Section 102(b) Conditions for
patentability; novelty and loss of right to patent" of the patent laws.
Federal court rulings indicate a piece of furniture would have to have
a very unusual or novel feature for a patent infringement claim to be
held up by the courts.

If I went to a furniture store and took a few measurements and perhaps
even a picture I could produce something similar but I don't think it
would be a copy.

--
Jack Novak
Buffalo, NY - USA

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