Re: Re: Re: Automotive Style Patent? 15% Rule??

Subject: Re: Re: Re: Re: Automotive Style Patent? 15% Rule??

Comments:
: : : : I am considering doing a design for an automotive body that could be considered to be "similar" to an existing product. Though slightly different in shape (size) with minor detail differences, I'm wondering what automotive design patent/copyright rules are in effect and how a person would determine what is considered to be infringement.? I've heard from one kit car manufacturer that this "15% Rule" applies, but if this is true, how is 15% really determined ?? : : : Dear NoVett, : : : Without taking professional responsibility, I am not aware of any protection of auto styles. Copying and selling by another maker might be an act of unfair competition. : : : For security a design patent search might give an answer. : : : M. Arthur Auslander : : : Auslander & Thomas-Intellectual Property Law Since 1909 : : : 505 Eighth Avenue, New York, NY 10018 : : : 212-594-6900, fax 212-244-0028, aus@auslander.com : : : ELAINE's Workshop® : : : E arly L egal A dvice I s N ot E xpensive™ : : : Reality Check® : : : : The current existing design that could be considered to be "similar" to the one that I have developed has the "TM" designation associated with it. I'm guessing that the "Trademark" protection may afford that company grounds for a legal battle with me if they deem that I infringed upon their rights. I'm hoping that it never results in a legal battle, but I am trying to cover all my bases before proceeding any further. Any information that you can offer with regard to automotive trademarks is greatly appreciated. : Dear NoVett, : There comes a point where a legal opinion may be the answer. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®

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