Re: Copying an (expired) patented design

Subject: Re: Re: Copying an (expired) patented design

Comments:
: : I am interested in designing a line of furniture based on a table and chair set that was patented in 1940. I know the patent has expired, but I am wondering if there are any other legal ramifications to using this design. The company that created the design is still in business, but they haven't produced this type of piece, or anything like it, in many years. I don't want to use their name, just the design. Are design patents renewable past 14 years? Is the design now considered to be in the public domain? Could there be a licensing issue? Any advice would be appreciated. Thanks! : : Kit Sullivan : : kitsullivan@mac.com : Dear Kit Sullivan, : without taking any professional responsibility, on the basis of what you say you look ok. I can't think of anything I would be able do to if I represented the original makers. : I'd try to think of some passing off theory, but I don't think it would work. : 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™

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