Intellectual property protection for furniture and fixtures has always been a complex area of law because of how such items straddle the lines between protection for functional creations and protections that expressly exclude functional elements. Designers and manufacturers are left to attempt to create a web of protection, working around function, through multiple intellectual property doctrines.
Copyright
The issue of function was just addressed by one of the most significant cases for copyright law in recent years. In Star Athletica v. Varsity Brands, the U.S. Supreme Court sought to “resolve widespread disagreement over the proper test” for determining whether a pictorial, graphic or sculptural feature of a “useful article,” such as a piece of furniture, is eligible for copyright protection. No. 15-866, 2017 WL 1066261, at *4 (Mar. 22, 2017). The decision’s impact for useful articles in general appears favorable for those seeking protection.
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