Iconic designs protected as three-dimensional marks: the intersection of design history and intellectual property protection history

Download

index.pdf

Date

2018

Author

Oğuz, Ezgi

Metadata

Show full item record

Item Usage Stats

406
views

244
downloads

Three-dimensional marks are mainly described as the borderline between trademark and design. The three-pointed star emblem of Mercedes-Benz vehicles, the triangular prism shape of Toblerone chocolate bar, the rounded body shape of Clipper lighter, and the ‘hobble-skirt’ contour design of Coca-Cola bottle are among the well-known examples of three-dimensional marks with iconic designs coupled with economic success stories. The aim of this study is to examine three-dimensional marks in relation to other types of intellectual property protection through a historical perspective, and to identify and diversify IP protection strategies for three dimensional shapes. Based on an extensive literature review and a detailed search of intellectual property databases, the study classifies three dimensional shapes which are protected as three-dimensional trademarks or service marks into three main categories. In the first category, there are iconic product designs which are protected as three-dimensional marks as exemplified by Coca-Cola contour bottle and Crocs shoes. In the second category, there are iconic buildings which are protected as three-dimensional marks as exemplified by Transamerica Pyramid Building in San Francisco and Chrysler Building in New York. In the third category, there are iconic technological designs which are protected as three-dimensional marks as exemplified by iPod MP3 player and iPhone smartphone. The study is at the intersection of design history and intellectual property protection history, and presents an integrated approach to identify and diversify IP protection strategies for three dimensional shapes through a series of case studies in the categories identified.

Subject Keywords

Product design., Industrial design., Intellectual property., Industrial property., Design protection.

URI

http://etd.lib.metu.edu.tr/upload/12622291/index.pdf
https://hdl.handle.net/11511/27499

Collections

Graduate School of Natural and Applied Sciences, Thesis

Suggestions

OpenMETU
Core

Visual representation in industrial design registration : a proposed guideline for Turkey based on legal texts and guidelines from eight different jurisdictions and interviews with Turkish Patent Institute examiners Yalçıner, Irmak; Korkut, Fatma; Department of Industrial Design (2012) Visual representation is the most important element of a design registration in terms of scope of protection. This study examines national, regional and international design registration systems in terms of legal texts and guidelines related to visual representation, investigates problematic issues concerning the features and qualities of visual representation in industrial design registration applications in Turkey through the interviews conducted with the Turkish Patent Institute examiners, and proposes a...
Communicating corporate identity through form attributes and evaluating visual analogy of digital cameras Çekceoğlu, Engin; Asatekin, Mehmet; Department of Industrial Design (2006) The basic notion of this study is related with visual attributes of products which reflect the identity of the company as well as form and design consistency which is a factor forming corporate identity. The sub-notions of the topic are elaborated in the literature review. The efforts which aimed at finding out the distinguishing characteristics of products focused on certain sample products. Digital camera is selected for the field study. The objective of the study is to put evidence that firms can be dist...
Üç boyutlu marka olarak korunan ikonik mobilya tasarımları Oğuz, Ezgi; Korkut, Fatma (null; 2018-12-28) Mobilya tasarımları, fikir ve sanat eserleri sahiplerinin hakları, patent, tasarım, marka ve haksız rekabet gibi birçok fikri mülkiyet koruma türüne konu olurlar. Üç boyutlu marka koruması, marka hukukunda gelişen bir alan olmasına ve dikkate değer ekonomik etkisine rağmen fikri mülkiyet ve tasarım alanyazınında yeterince irdelenmemiştir. Bu çalışmanın amacı, üç boyutlu marka olarak korunan mobilya tasarımlarının tasarım ve fikri mülkiyet biyografilerini araştırarak üç boyutlu marka koruması ile diğer ...
Influence of Stakeholders on Industrial Design Materials and Manufacturing Selection Pedgley, Owaın Francıs (2009-04-01) Surprisingly little is reported on the pragmatic influence of project stakeholders on industrial designers' selection of product materials and manufacturing processes. This paper reports on a descriptive scoping study that revealed these influences as critical in making effective selection decisions. Using interview and case study methods, the study elicited the professional practices of industrial designers. These are analysed in the paper, leading to the formation of a four-way stakeholder description of ...
Design of experience sampling tools for reporting student experience in design education Fındık, Nur; Şener Pedgley, Bahar; Pasman, Gert; Department of Industrial Design (2012) Considering the continuous design activities that are performed throughout the design projects, design students go through several stages of decision makings, and sometimes they experience problematic situations in between consecutive supervisory meetings. Revealing all experiences during the discussions with supervisors, thus communicating the ideas could be sometimes difficult. In order to provide a better guidance, it is also important for supervisors to understand students’ process in between these meet...

Citation Formats

E. Oğuz, “Iconic designs protected as three-dimensional marks: the intersection of design history and intellectual property protection history,” M.S. - Master of Science, Middle East Technical University, 2018.