home *** CD-ROM | disk | FTP | other *** search
- Xref: sparky misc.int-property:1404 misc.legal.computing:2236
- Newsgroups: misc.int-property,misc.legal.computing
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!magnus.acs.ohio-state.edu!csn!teal!bhayden
- From: bhayden@teal.csn.org (Bruce Hayden)
- Subject: Re: Look and Feel Infringement (was: Interface monopolies)
- Message-ID: <bhayden.721144964@teal>
- Sender: news@csn.org (news)
- Nntp-Posting-Host: teal.csn.org
- Organization: Colorado SuperNet, Inc.
- References: <dbAj02yw29ss01@JUTS.ccc.amdahl.com> <32qW02382aYm01@JUTS.ccc.amdahl.com>
- Date: Sat, 7 Nov 1992 14:02:44 GMT
- Lines: 31
-
- >In article <dbAj02yw29ss01@JUTS.ccc.amdahl.com>, tjc50@juts.ccc.amdahl.com
- >(Terry Carroll) writes:
- >> "Look and Feel" did not originate with software copyright. It originated
- >in
- >> a case where Sid and Marty Kroft sued McDonald's for producing television
- >> commercials with the same "look and feel" as (but no literal copying of)
- >the
- >> Kroft TV shows like "H.R. Puffenstuff". It's not a result of an attempt to
- >> effectively produce a software patent.
-
- >I have to correct myself here in two ways.
-
- >First, the phrase used back then was "total concept and feel", not "look and
- >feel", but manings of the two phrases are identical;
-
- >Second, the Krofft (not "Kroft") case did not originate the doctrine, but
- >apparently began its entrenchment. The case in which "total concept and
- >feel" originated was Roth Greeting Cards v. United Card Co., 429 F.2d 1106
- >(9th Cir., 1970). The Krofft case was not until 1977: Sid and Marty Krofft
- >Television Productions v. McDonalds Corp. 562 F.2d 1157 (9th Cir., 1977).
-
- >As a side note, both of these cases were decided under the old Copyright Act
- >of 1909, because the Copyright Act of 1976 did not take effect until January
- >1, 1978.
-
- I haven't reread those cases recently, but I am not sure that they would
- have come out any differently under the '76 Act.
-
- Bruce Hayden
- bhayden@csn.org
-
-