Page 229 231 232 Press Release from Intellectual Property Owners, Inc., Washington, DC., June 22, 1988....... Luggage, Warren, RI, June 17, 1988. June 22, 1988.. 22, 1988.... ton, DC., June 22, 1988.... Issue Brief from the National Association of Manufacturers, Washington, DC., June 1988. 233 234 236 237 APPENDIXES 239 APPENDIX I.-FURTHER LEGISLATIVE MATERIALS H.R. 379, 100th Congress, 1st Session (1987).......... APPENDIX II.-FURTHER MATERIALS FROM THE COPYRIGHT OFFICE Copyright Protection for Applied Designs, with attachment (January 1985)....... 273 APPENDIX III.-FURTHER MATERIALS PROVIDED BY WITNESSES 1. Materials Provided by Professor Ralph Brown: “Design Protection: An Overview," 34 UCLA L. Rev. 1341 (1987)......... 289 2. Materials Provided by Professor W.T. Fryer III: Letter to Mike Remington, with attached Post Hearing Supplemental Statement, July 14, 1988 354 APPENDIX IV.-MATERIALS PROVIDED BY JAMES F. FITZPATRICK, ESQ., ON BEHALF OF THE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANIES 1. Memo from James F. Fitzpatrick, Arnold & Porter, to Members of the Working Group on Intellectual Property Rights, January 23, 1987, with , attachments.. 361 2. Brochure from the National Association of Independent Insurers: “Competitive Auto Parts vs. Carmakers' Parts" 370 APPENDIX V.-MATERIALS PROVIDED BY THE AMERICAN BAR ASSOCIATION Letter from William H. Neukom, Secretary, American Bar Association, to the Honorable Peter W. Rodino, Jr., with attachment, March 20, 1987 ... 391 443 445 447 448 APPENDIX VI.-CORRESPONDENCE Corporation, New York, NY, to the Honorable Peter W. Rodino, Jr., Octo ber 14, 1987. Letter from Charles P. Schwartz, Jr., Chairman, Champion Parts Rebuilders, Inc., Oak Brook, IL, to the Honorable Robert W. Kastenmeier, June 9, 1987. Letter from Vernon É. Stando, Berning Garage, Inc., Reedsburg, WI, Con gressman Kastenmeier, April 3, 1987 WI, to Congressman Kastenmeier, May 18, 1987....... tive Robert W. Kastenmeier, May 20, 1987.... Power Marine Products, Metairie, LA, to the Honorable Peter Rodino, Jr., received May 1, 1987.. Letter from Warren K. Parker, President, Mole-Richardson Co., Hollywood, CA, to Congressman Robert W. Kastenmeier, with attachment, February 6, 1985 Letter from William A. Lambertson, Engineer, Product Design and Develop ment, National Lock N Cabinet Hardware, to the Honorable Robert W. Kastenmeier, with attachment, August 19, 1985....... 449 450 451 458 Page 486 Letter from Benjamin Y. Cooper, Senior Vice President, Government Affairs Department, Printing Industries of America, Inc., Arlington, VA, to the Honorable Robert W. Kastenmeier, June 22, 1988.. Vehicle Manufacturers Association of the United States, Inc., Washington, 1988. Company, Monroe, MI, to the Honorable Robert W. Kastenmeier, June 16, 1988 Letter from Robert Stannard, American Society of Furniture Designers, High Point, NC, to the Honorable Robert W. Kastenmeier, June 15, 1988.... 488 566 568 569 570 APPENDIX VII.-PREVIOUSLY PUBLISHED MATERIALS Wall Street Journal (October 1, 1985).... the Proposed Domestic System in View of Recent Developments in the Marshall Law Review (1986)..... 30:861, UCLA Law Review (1983)..... 583 628 PROTECTION OF INDUSTRIAL DESIGNS OF USEFUL ARTICLES THURSDAY, JUNE 23, 1988 HOUSE OF REPRESENTATIVES, ADMINISTRATION OF JUSTICE, Washington, DC. The subcommittee met, pursuant to notice, at 10:05 a.m., in room 2226, Rayburn House Office Building, Hon. Robert W. Kastenmeier (chairman of the subcommittee) presiding. Present: Representatives Kastenmeier, Morrison, Cardin, Moorhead, Hyde, Lungren, DeWine, and Coble. Staff present: Michael J. Remington, chief counsel; David W. Beier III, counsel; Thomas E. Mooney, associate counsel; and Judith W. Krivit, clerk. Mr. KASTENMEIER. The committee will come to order. Mr. MOORHEAD. I ask unanimous consent that the subcommittee permit the meeting to be covered in whole or in part by television broadcast, radio broadcast, and/or still photography, pursuant to Rule 5 of the Committee Rules. Mr. KASTENMEIER. Without objection, the request is agreed to. This morning, the subcommittee is holding a legislative hearing on the subject of design protection. Pending before us is a bill, introduced by the ranking minority member of the subcommittee, the gentleman from California, Mr. Moorhead, H.R. 1179, entitled, a bill for the "Protection of Industrial Designs of Useful Articles.' It creates a separate and free-standing chapter in the Copyright Act. (A copy of H.R. 1179 follows: 100TH CONGRESS 18T SESSION H. R. 1179 To amend the copyright law, title 17 of the United States Code, to provide for protection of industrial designs of useful articles. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 19, 1987 Mr. MOORHEAD (for himself and Mr. FISH) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the copyright law, title 17 of the United States Code, to provide for protection of industrial designs of useful articles. I 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 PROTECTION OF INDUSTRIAL DESIGNS SECTION 1. Title 17, United States Code, is amended 4 5 by adding at the end thereof the following new chapter: 6 “CHAPTER 10-PROTECTION OF INDUSTRIAL 7 DESIGNS OF USEFUL ARTICLES "Sec. "1001. Designs protected. "1002. Designs not subject to protection. "1003. Revision, adaptations, and rearrangements. "1004. Commencement of protection. "1005. Term of protection. "1006. The design notice. |