2007-03-26 01:46:02 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
no.
2007-03-26 01:48:40 · answer #1 · answered by i ♥þîÑk☆ 5 · 0⤊ 0⤋
No. A copyright is a "work of authorship fixed in any tangible medium of expression." (17 USC 102(a)). That section goes on to list 8 categories of works that are excluded. The items excluded from copyright are listed in part (b) of the section.
A fragrance can potentially be trademarked in the US under the Lanham Act. E.g., there was a thread that was sold that had a floral scent. The scent had no utility other than to identify the brand of thread, and was granted a trademark.
This trademark protection is probably possible to extend to just a fragrance used as a perfume, but it would probably need to be a fragrance that was discernable to identify its source to most people, not just those who were fans of that fragrance. What would be more likely is that a trademark would apply to the name of a fragrance, and not the actual fragrance itself.
Other people have noted patent. Patent would be tough due to the novelty requirements. A patent would also mean disclosing the list of ingredients, which I think would be problematic for some fragrance creators.
2007-03-28 03:37:09 · answer #2 · answered by question_ahoy 5 · 0⤊ 0⤋
Assuming that the same fragrance could be created from more than one formulation, it would be difficult to prove copyright.
2007-03-26 08:54:48 · answer #3 · answered by Ranjeeh D 5 · 0⤊ 0⤋
It is possible to patent the formula, but rarely done, as so many fragrances resemble natural aromas. http://www.cosmeticsdesign-europe.com/news-by-product/news.asp?id=63614&idCat=134&k=courts-refuse-trademark
However, it is possible to patent the name of a fragrance. http://www.cosmeticsdesign.com/news/ng.asp?id=68648-the-stephan-company-elizabeth-arden-trade-mark-fragrance
2007-03-26 09:19:02 · answer #4 · answered by Doethineb 7 · 0⤊ 0⤋
No but you can patent the formula for one.
2007-03-26 08:49:08 · answer #5 · answered by wizjp 7 · 0⤊ 0⤋
I don't think so.
2007-03-26 08:49:17 · answer #6 · answered by Anonymous · 0⤊ 0⤋