Can Wood Grain be Copyrighted?

It may if it is man-made! In copyright law, natural wood grain patterns are ineligible for protection, as these grains are the result of tree growth; however, if an individual creates an original, human-made pattern that mimics or is inspired by wood grain, that design has human authorship and may be eligible for copyright protection. Toppan Interamerica designs, prints and sells decorative papers and films featuring synthetic wood grains that are used on surfaces such as floors, counter tops, cabinets, and furniture. Toppan recently filed suit against Whalen LLC and filed a complaint with the International Trade Commission claiming that Whalen was importing furniture that infringed on Toppan's designs. While protections for man made grain patterns may not be particularly robust, they may still exist.

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Are Tattoos Copyrightable and if so, who owns the IP?

In the world of tattoo artistry, copyright ownership typically resides with the artist that creates the original design. This means the artist holds the exclusive rights to reproduce, distribute, and display the artwork. But who is the artist if a client comes in with their own design? And is human skin a "tangible medium of expression" for the purposes of copyright protection?

Some legal scholars argue that the regenerative nature of human skin challenges its qualification as a fixed medium while others contend that the relative permanence of tattoos is sufficient to satisfy the fixation requirement. The Second Circuit Court has declined to definitively rule on this matter, leaving the issue unresolved.

If you are seeking a tattoo and create your own original design, consider having the tattoo artist sign a release or work for hire agreement granting all rights in the design to you. If you are a tattoo artist creating your own original artwork make it clear to your clients as to what they can and cannot do with your designs.

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USPTO Issues One Millionth Design Patent

Design patent D1,000,0oo issued on September 26th. Having had two design patents issue on September 19th, I have to admit that I am slightly disappointed to have missed it by a week!