there is a design i want to us but it was part of a movie. i did some research and fund similar designs. will there be legal issuse or should i not worry about it.
2007-02-07 21:54:10 · 7 answers · asked by Riklionheart 2 in Politics & Government ➔ Law & Ethics
the disign in question is a rampent lion
2007-02-10 08:10:50 · update #1
The answers above are all completely wrong, unfortunately.
First, this doesn't have anything to do with patents at all, because you're talking about (I assume) a picture or a logo. Not an invention.
You may be able to copyright it if you inject enough of your own creativity into the design, regardless how old the original is.
But if you are just copying something that has been out there for 500 years, you are not entitled to anything.
2007-02-11 04:26:05 · answer #1 · answered by trader_dude_turned_surfer 3 · 0⤊ 0⤋
It is possible to be on the end of legal action reguardless of the outcome. Chances are it has been patented or atleast has a trademark if not copyright for logo. Even so, a similar design could bring about action even if not exactly alike, and you could face action. It's best to be as original as possible to avoid possible reprocautions. If this design has anything to do with a buisness representation, then especially you want to have it registered and make sure through this of it's availability for use, and then trademark it. You can find several sites through any search engine about copyright and trademake laws, sms and so forth. Perhaps look into them a little depending on how important this is to you to use. Be safe, something that seems so small and insignificant can turn around and bite you in the *** as much as it seems so.
2007-02-16 01:06:36 · answer #2 · answered by HPVcpl4HER 2 · 0⤊ 0⤋
Two sides to every coin. I'll try to cover both here. One: if you patent something it becomes public record unless it's of national security concern. Most likely we don't have to worry about this in your case since you're asking this question in a public forum.
So if you patent anything I can copy your patent and either disregard your rights and sell the information so that people can make it themselves or mass produce it and flood the market and not give a rat's tooty fruity about the lawsuit that you probably don't have the money to originate.
Two: you can keep the idea to yourself and move forward. Hint: Do you think Coca-cola is the only product that fails to be patented? If no one knows your recipe (or the specifics of your invention) no one can duplicate it exactly. Who has the #1 share in the Cola market?
Case closed.
2007-02-08 06:03:24 · answer #3 · answered by Anonymous · 0⤊ 0⤋
get a patent lawyer, if you alter the piece by at least 20 percent you can apply for patent protection for 2 years. If you do patent the item just remember they can do the same thing that your doing now.
2007-02-14 19:41:12 · answer #4 · answered by lego 2 · 0⤊ 0⤋
If you found the design or similiar designs through research, chances are you wouldn't be able to claim a copyright or patent on it, especially if it was one DiVinci's or Michaelangelo's. Back to the drawing board....
2007-02-08 06:11:35 · answer #5 · answered by gone 6 · 0⤊ 0⤋
That's what patent lawyers and the patent office are for... if it's been around that long and unless you have an improvement on it you prolly won't get a patent.
2007-02-08 06:03:08 · answer #6 · answered by mdlbldrmatt135 4 · 0⤊ 0⤋
The patent office would deny the claim stating that is has already been in use.
2007-02-08 06:38:21 · answer #7 · answered by kitty fresh & hissin' crew 6 · 0⤊ 0⤋