Artists and designers have a history of copying each other (think evolution and gene mutations), but given the Apple vs
Samsung (2012) case, the value of the appearance of a product/service is increasing.
Imitation is the Sincerest Form of Flattery. But When is Copying Okay?
Source // @kpcb #DesignInTech @johnmaeda @kildall @BryanJCera @thefashionlaw @museummodernart @DIESEL @USPTO
polyvore.com/diesel_tharia_repeat_print_logo/thing?id=1927688 fortune.com/2015/08/19/apple-patents-rounded-corners/ kildall.com/project/chess-with-mustaches/ thefashionlaw.com/home/herms-awarded-design-patent-for-sneakers moma.org/collection/artists/30299 uspto.gov/learning-and-resources/statistics usa.hermes.com/man/
An Innocent Homage to a great artist …
brilliantly becomes “Chess with Mustaches” as a parody art by
Scott Kildall and Bryan Cera as available to anyone on
Thingiverse to 3D print.
An idea I had twenty years ago has been used twice by Diesel, as
in this newer Diesel Thalia Repeat Print Logo T-Shirt
3-year Rolling Average of Percentage of Change in
Number of Design Patents vs Utility Patents Filed
Design Patent application ﬁles have been increasing
faster than utility patent applications. But utility patents
generally outnumber design patents by eight times.
In fashion, design patents have been common. Just
take a look at the law case where Louboutin won and
you can know the stakes are high.
US Patent D618,677 laid a claim on the famous
“rounded corners” matter in a design patent
dispute in 2012 between Apple and Samsung,
winning Apple a nearly $1B jury award.
CHESS WITH MUSTACHES AND PARODY / KILDALL + CERA
SAMSUNG V APPLE PATENT DISPUTE
Hermès Lions sneakers
awarded December 29, 2015