Things like a rotating diver's bezel, the hour Replica Oris watches markers, hands, bracelet, etc... can all said to be "functional" and not artistic expression. For that reason only a patent could protect them - and such patents would have expired long ago if there were ever obtained in the first place.So going back to the F.P. Journe and Jaquet Droz situation. In 2004 FP. Journe apparently accused Jaquet Droz of copying the looks of its Octa Automatic watch - that has a small frame secured with three screws over the smaller hours and minutes, with a second subdial in the middle of the watch dial. It is really the three screws and their "figure 8" layout which FP. Journe was accusing Jaquet Droz of copying. Everything I have read about this situation was translated from French, so I am doing my best to understand it all. Based on the language, it appears at though the issue was based around copyright - but it could have trademark infringement elements in it. This is because the FP Journe Octa Replica Oris watches featured this design, and they could have made the argument that there is a consumer association between the design and the brand. Trademark protection is all about product or service origination association, and (real or likely) consumer confusion.Both courts sided with Jaquet Droz and not FP Journe. Why? Because Jaquet Droz presented evidence of older pocket watch designs that it copied, and that those designs not only predated the FP Journe designs, but that they were not original to FP Journe.
On the copyright angle, we have those original artistic expressions that are protected. But here you need to prove designs are original (tough), and you need show copying to a degree. Slight changes here and there could still be infringements (derivative protections), but often are not. Look at the classic example of the Rolex Submariner. There are countless "copies" of the watch. All that don't say "Rolex" on them are likely perfectly legal "copies." Why? Because they are simply applying a theme or type of Replica Oris watches.
