Can You Copyright a Shoe Design?
A shoe design can be copyrighted. Copyright law protects original works like designs. To qualify, a design must be original and fixed in a tangible form. A copyright gives the designer the right to reproduce, distribute, and make works based on the design.
In the US, shoe designs must meet criteria: originality and tangibility, like a sketch or shoe. The design cannot be functional, only ornamental.
Copyrighting Shoe Designs:
- Create an original, tangible shoe design.
- Ensure the design is only ornamental, not functional.
Many companies now use copyright law to protect designs. Designs on the shoe side can only be copyrighted if separate from the shoe itself. For example, adidas copyrighted the Yeezy 350 Boost side design after an appeal. Initially, the designs were denied copyright due to lack of originality or separation from the shoe.
Patent Protection for Shoe Designs
There are two patent types: design patents protect ornamental aspects, while utility patents protect function. Patents give the right to protect the design from others using, selling, or producing it.
Inventors should search the USPTO database to check for existing patents before filing.
Can You Patent a Shoe?
Shoe designs can be protected with design patents, which cover the ornamental design of a shoe. To obtain a design patent, the inventor needs to conduct a prior art search to ensure the design is new and non-obvious.
Legal protection for a shoe design can include patent protection and copyright protection. It is essential to evaluate the need for patent protection based on the shoe’s functionality and design features.
The patent process is costly, so inventors should carefully assess the potential profitability of their shoe design before applying. Seeking guidance from a patent agent or attorney experienced in shoe design patents is advisable.
Inventors should perform a comprehensive search in the USPTO database to verify the uniqueness of their shoe design before initiating the patent application process. This search is provided free of cost by the USPTO.