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![]() Design patent protection often overlaps with the protections granted by a copyright or trademark registration. Copyright protection is generally available only for the aesthetic value of an article, and will be denied if the object is primarily utilitarian. However, copyright will extend to the independently identifiable aesthetic features of an article (a sculpture used as the base of a lamp, decoration molded into a ceramic object). If the object’s unique design feature is inseparable from the object’s use, like unusually shaped computer cases, only a design patent can protect that feature. If the design itself functions as a trademark by indicating the product’s maker, such as the iconic Coca-Cola bottle or the Herman Miller Aeron Chair, the owner may be entitled to trademark protection as well as a design patent.
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