There is also the concept of designs that cannot be protected because they have been around so long, as countless Replica Orient watches designs have utilized them. So for all intents and purposes, most watch designs are in the "public domain," because it has "all been done before."What can be protected aside from those functional elements where a patent is specially obtained, are items that fall under copyright or trademark law. Again, I am using US law, but it is likely quite similar in Europe (at least in France and Switzerland). Trademark law is going to protect things such as logos, "signature" or iconic (distinctive) traits of a Replica Orient watches brand that lead consumers to believe they are from a particular brand. Aside from logos and such, this is tough to prove, but theoretically should protect certain things.
I really wish I could read French right now. It seems that even though I am an attorney I don't quite understand this case. First is the language barrier, and second is the legal barrier. UPDATE: I've learned that the translated text was so confusing that I got the facts (not the law) of this case wrong. To please see the updated version as follows...This is a European case that isn't applying US law. But let me give it to you as I understanding. After 5 years, and at least one appeal, Swiss watch maker F.P. Journe has been ordered to pay damages to Jaquet Droz and the Swatch Group (owner of Jaquet Droz) in the amount of tens of thousands of euros for infringement of Jaquet Droz's intellectual property rights for legal cost damages. It looks like Jaquet Droz was accused by FP Journe to have copied designs that FP Journe allegedly has created. This this would have been a copyright infringement case . Let me explain (not a hardcore legal discussion, don't worry).In the world of watches, protecting a design under an intellectual property theory is very tough. That is because most of the Replica Orient watches design is considered functional, difficult to remove from the "purely aesthetic" elements, and mostly under the realm of patent law to protect, if at all.
