Re: General concept of an idea...
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Posted by M. Arthur Auslander on April 30, 1999 at 14:03:24:
In Reply to: General concept of an idea... posted by Bill Schultz on April 30, 1999 at 10:53:03:
: What are the laws concerning protection of the general "concept"
: of an original idea for a marketable item? For example,
: pet rocks. There are a million differant rocks and paints,
: when they are used in any combination to imitate the original
: "pet rock", is there an infringement?
Concepts are not registerable or protectable as patents and copyrights are. While they are secret they are safe. There is some safety in revealing them with a written confidentiality agreement. The Pet Rock is a promotional matter. Pet Rock is protectable as a trademark. The concept cannot be monopolized. There is protection to a concept also under the law of unfair competition. The concept of the "Monopoly" game was in the public domain once it was sold. The specific game board is protected by a copyright and the name registered as a trademark. Monopoly though could not stop a copycat game such as "Easy Money" or others.
One can make money with promotions but one has to know how.
M. Arthur Auslander
ELAINE's Workshop: Early Legal Advice Is Not Expensive (sm)
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
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