Posted by M Arthur Auslander on January 12, 1999 at 07:44:03:
In Reply to: toy patent posted by Will Rogers on January 12, 1999 at 06:54:35:
: Is the process for protecting and marketing a toy idea the same as other patents. If not why don't I find a patent for say a "FURBY". Help!
Ideas are not patentable. Furby looks like a trademark. The trademark protects the name. If Furby is a doll its design may be copyrighted. The design as is stands can be protected against copying, the mode of expression is protected. Thus a different doll of a similar character is probably not an infringement. The power in many of these products is the ability to market the hype. That usually is big money.
M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
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