United

し

PROTECTION OF INDUSTRIAL DESIGNS
OF USEFUL ARTICLES

HEARING

BEFORE THE

SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, AND
THE ADMINISTRATION OF JUSTICE

OF THE

COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES

ONE HUNDREDTH CONGRESS

SECOND SESSION

ON

H.R. 1179

PROTECTION OF INDUSTRIAL DESIGNS OF USEFUL ARTICLES

JUNE 23, 1988

89-733

Serial No. 108

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1989

For sale by the Superintendent of Documents, Congressional Sales Office
U.S. Government Printing Office, Washington, DC 20402

COMMITTEE ON THE JUDICIARY

PETER W. RODINO, JR., New Jersey, Chairman

M. ELAINE MIELKE, General Counsel
ARTHUR P. ENDRES, JR., Staff Director
ALAN F. COFFEY, JR., Associate Counsel

SUBCOMMITTEE ON COURTS, CIVIL LIBERTIES, AND THE ADMINISTRATION OF JUSTICE

25-Oct-8ey

The Honorable Robert H. Michel, Republican Leader, U.S. House of Repre-
sentatives......

Prepared statement

Bruce A. Lehman, Esq., Swidler & Berlin, Washington, DC.; Counsel, Industri-
al Design Coalition...

Prepared statement with attachments....

Accompanied by Kenneth D. Enborg, Chief Trademark and Copyright

Counsel, General Motors Legal Staff, on behalf of the Motor Vehicle
Manufacturers Association.

73

Prepared statement...

89

William T. Fryer III, Professor, School of Law, University of Baltimore

110

Prepared statement with attachments....

115

Supplemental statement......

143

Ralph S. Brown, Professor, School of Law, Yale University

110

Prepared statement

153

177

179

August P. Alegi, Esq., Vice President and Deputy General Counsel, GEICO,
on behalf of the National Association of Independent Insurers
Prepared statement

ADDITIONAL MATERIALS

Fryer, W.T., III, "Industrial Design Protection in the United States of Amer-
ica-Present Situation and Plans for Revision," Industrial Property 115
(March 1988)...

Letter from Dick Warden, Legislative Director, UAW, to the Honorable
Dennis DeConcini, Chairman, Subcommittee on Patents, Copyrights and
Trademarks, Committee on the Judiciary, U.S. Senate, April 30, 1987
Letter from Robert D. Evans, Governmental Affairs Office, American Bar
Association, to the Honorable Dennis DeConcini, May 12, 1987....
Letter from William T. Archey, Vice President, International, U.S. Chamber
of Commerce, to the Honorable Robert W. Kastenmeier, June 18, 1987
Press Release from the Intellectual Property Committee, Washington, DC.,
"U.S., European and Japanese Business Groups Agree on Intellectual Prop-
erty Approach for GATT," June 14, 1988..

Rockwell, Keith, M., “Intellectual Property Rights Pushed," Journal of Com-
merce (June 15, 1988)..

Statement of Ralph Oman, Register of Copyrights, Copyright Office, Library
of Congress, June 23, 1988.

Statement of James F. Fitzpatrick, Esq., Arnold & Porter, Washington, DC.;
Counsel, State Farm Mutual Automobile Insurance Companies, with attach-
ments, June 23, 1988.

195

Statement of the U.S. Chamber of Commerce, June 22, 1988..

223

Press Release from the National Marine Manufacturers Association, Wash-
ington, DC., June 22, 1988.....

225

Press Release from Caterpillar, Peoria, IL, June 22, 1988..

227