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ARTICLE · 30 MAY 2018

The Thin Dull Line: Are These Auto Interiors Sufficiently Creative For Copyright Protection?

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Are automobile interior designs eligible for copyright protection?

United StatesIntellectual Property
Foley Hoag LLP
Foley Hoag LLP
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Are automobile interior designs eligible for copyright protection? Last month, we wrote about the Copyright Office Review Board's (CORB's) allowance of the registration of a three-dimensional pattern for an automotive floor mat. Does this mean that every little feature of your car is now eligible for copyright protection?

Not according to CORB, which recently released its opinion in the matter of Novem Car Interiors.

Background

The works in question are four two-dimensional pattern swatches for the interior of luxury cars, the copyright in which Novem GmbH applied to register in 2015. Two of the swatches consist of what is essentially a herringbone pattern, one silver and the other black. A third design features black rectangles, and the fourth is a smooth wood veneer with translucent stripes.

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