Re: Re: Re: toy patent
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Posted by M. Arthur Auslander on December 14, 1999 at 08:39:24:
In Reply to: Re: Re: toy patent posted by J. SIMMS on December 14, 1999 at 05:38:42:
: I NEED HELP ON GETTING MY TOY PATENTED.
: : : 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
: : ELAINE's Workshop: Early Legal Advice Is Not Expensive
The question is not to get a patent but to know what you have and what you want to to acheive. I Start with a Reality Check. Not every good idea is patentable and not every good idea is going to make money.
M. Arthur Auslander
E arly L egal A dvice I s N ot E xpensive
ELAINE's Workshop (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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