Page Press Release from Intellectual Property Owners, Inc., Washington, DC., June 22, 1988..... 229 Statement of John Pulichino, Jr., President and C.E.O., American Tourister Statement of Hartmann Luggage, Lebanon, Tennessee, June 22, 1988..... 231 232 233 Press Release from the Typeface Design Coalition, Poughkeepsie, NY, June 22, 1988.. 234 Press Release from the Sporting Goods Manufacturers Association, Washington, DC., June 22, 1988.. 236 Issue Brief from the National Association of Manufacturers, Washington, DC., 237 APPENDIXES APPENDIX I.-FURTHER LEgislative MaTERIALS H.R. 379, 100th Congress, 1st Session (1987)............................................. 239 APPENDIX II.-FURTHER MATERIALS FROM THE COPYRIGHT OFFICE Copyright Protection for Applied Designs, with attachment (January 1985)....... APPENDIX III.-FURTHER MATERIALS PROVIDED BY WITNESSES 273 1. Materials Provided by Professor Ralph Brown: "Design Protection: An Overview," 34 UCLA L. Rev. 1341 (1987). 289 354 2. Materials Provided by Professor W.T. Fryer III: Letter to Mike Remington, with attached Post Hearing Supplemental Statement, July 14, 1988 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.... 2. Brochure from the National Association of Independent Insurers: "Competitive Auto Parts vs. Carmakers' Parts" 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 .. APPENDIX VI.-CORRESPONDENCE .................. Letter from Edward M. Gottschall, Vice Chairman, International Typeface Letter from Charles P. Schwartz, Jr., Chairman, Champion Parts Rebuilders, Letter from Albert P. Frank, President, Frank Motor Sales Inc., Fond Du Lac, Letter from Larry P. Porche, Vice President, Sales and Marketing, Aqua 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 Development, National Lock N Cabinet Hardware, to the Honorable Robert W. Kastenmeier, with attachment, August 19, 1985. 361 370 391 443 445 447 448 449 450 451 458 Letter from Benjamin Y. Cooper, Senior Vice President, Government Affairs Letter from Thomas H. Hanna, President and Chief Executive Officer, Motor APPENDIX VII.-PREVIOUSLY PUBLISHED MATERIALS Lehrer, Linda, "Designers Want More Protection From Imitators," 35 The Comment, "Designer Law: Fashioning a Remedy for Design Piracy," Vol. Page 486 488 566 568 569 570 583 628 PROTECTION OF INDUSTRIAL DESIGNS OF USEFUL ARTICLES THURSDAY, JUNE 23, 1988 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, AND THE ADMINISTRATION OF JUSTICE, COMMITTEE ON THE JUDICIARY, 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. Mr. Chairman? Mr. KASTENMEIER. The gentleman from California. 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:] I 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 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. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, PROTECTION OF INDUSTRIAL DESIGNS 3 4 SECTION 1. Title 17, United States Code, is amended 5 by adding at the end thereof the following new chapter: |