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	<title>Comments for Genuine Design</title>
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	<link>http://blog.genuinedesign.com</link>
	<description>Education and opinions about design authenticity</description>
	<pubDate>Thu, 09 Sep 2010 00:14:28 +0000</pubDate>
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		<title>Comment on 2010 Genuine Design Scholarship Entry by ML2 &#38; Genuine Design Magazine Scholarship! &#171; UCLA Extension Arc_ID Program Blog</title>
		<link>http://blog.genuinedesign.com/?page_id=99&#038;cpage=1#comment-944</link>
		<dc:creator>ML2 &#38; Genuine Design Magazine Scholarship! &#171; UCLA Extension Arc_ID Program Blog</dc:creator>
		<pubDate>Wed, 27 Jan 2010 21:15:32 +0000</pubDate>
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		<description>[...] a design-related degree at an accredited instituion are eligible. Entry forms can be obtained ONLINE and submissions must be received by March [...]</description>
		<content:encoded><![CDATA[<p>[...] a design-related degree at an accredited instituion are eligible. Entry forms can be obtained ONLINE and submissions must be received by March [...]</p>
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		<title>Comment on 2010 Genuine Design Scholarship Entry by Genuine Design &#187; Blog Archive &#187; Enter the 2010 Genuine Design Scholarship Competition</title>
		<link>http://blog.genuinedesign.com/?page_id=99&#038;cpage=1#comment-651</link>
		<dc:creator>Genuine Design &#187; Blog Archive &#187; Enter the 2010 Genuine Design Scholarship Competition</dc:creator>
		<pubDate>Tue, 12 Jan 2010 23:00:59 +0000</pubDate>
		<guid isPermaLink="false">http://blog.genuinedesign.com/?page_id=99#comment-651</guid>
		<description>[...] Entry Form [...]</description>
		<content:encoded><![CDATA[<p>[...] Entry Form [...]</p>
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		<title>Comment on What is Genuine Design? by admin</title>
		<link>http://blog.genuinedesign.com/?p=21&#038;cpage=1#comment-314</link>
		<dc:creator>admin</dc:creator>
		<pubDate>Sun, 01 Nov 2009 13:33:41 +0000</pubDate>
		<guid isPermaLink="false">http://blog.genuinedesign.com/?p=21#comment-314</guid>
		<description>You are correct that copyrights do not cover utilitarian objects in the USA as they do in other countries, and manufacturers must rely on laws protecting trade dress and trademark. In this regard furniture is no different from Nike shoes, Gucci bags,  and other frequently counterfeited merchandise... none of them can be copyrighted either.

Although you write that "trade dress is increasingly difficult to prove", actually the opposite is true. Trade dress protection has been on the books for decades and little understood, but frustrated manufacturers are increasingly using it and becoming savvy in the nuances of this formerly obscure field.

My final point is an ethical rather than legal one. Stealing is wrong and everyone knows it. Just because the laws are inadequate to protect the artists and designers who conceived these products doesn't mean its OK to steal bread from their table.</description>
		<content:encoded><![CDATA[<p>You are correct that copyrights do not cover utilitarian objects in the USA as they do in other countries, and manufacturers must rely on laws protecting trade dress and trademark. In this regard furniture is no different from Nike shoes, Gucci bags,  and other frequently counterfeited merchandise&#8230; none of them can be copyrighted either.</p>
<p>Although you write that &#8220;trade dress is increasingly difficult to prove&#8221;, actually the opposite is true. Trade dress protection has been on the books for decades and little understood, but frustrated manufacturers are increasingly using it and becoming savvy in the nuances of this formerly obscure field.</p>
<p>My final point is an ethical rather than legal one. Stealing is wrong and everyone knows it. Just because the laws are inadequate to protect the artists and designers who conceived these products doesn&#8217;t mean its OK to steal bread from their table.</p>
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		<title>Comment on What is Genuine Design? by Zeke</title>
		<link>http://blog.genuinedesign.com/?p=21&#038;cpage=1#comment-313</link>
		<dc:creator>Zeke</dc:creator>
		<pubDate>Sun, 01 Nov 2009 11:43:08 +0000</pubDate>
		<guid isPermaLink="false">http://blog.genuinedesign.com/?p=21#comment-313</guid>
		<description>Thanks for your response.  I gather that furniture is NOT covered by copyrights and that is why NONE of your links to fake merchandise or confiscated counterfeits will ever mention furniture.  You are correct that names may be copyrighted, and Cassina may not call anything Frank Llloyd Wright w/o permission.  There are issues of "trade dress" under which licensees like Cassina and Knoll seek to prevent others from selling famous designs.  These cases almost invariably go against the licensees b/c trade dress is increasingly difficult to prove.

The strongest cases against unlicensed manufacturers of furniture rely on the misuse of a brand name or trademark -- not on a design.  Knoll just filed a slew of suits against manufacturers of knock-off Barcelona items.  None of the suits mentions a copyright.  They rely on trademark infringement.  Let's see how they will turn out.</description>
		<content:encoded><![CDATA[<p>Thanks for your response.  I gather that furniture is NOT covered by copyrights and that is why NONE of your links to fake merchandise or confiscated counterfeits will ever mention furniture.  You are correct that names may be copyrighted, and Cassina may not call anything Frank Llloyd Wright w/o permission.  There are issues of &#8220;trade dress&#8221; under which licensees like Cassina and Knoll seek to prevent others from selling famous designs.  These cases almost invariably go against the licensees b/c trade dress is increasingly difficult to prove.</p>
<p>The strongest cases against unlicensed manufacturers of furniture rely on the misuse of a brand name or trademark &#8212; not on a design.  Knoll just filed a slew of suits against manufacturers of knock-off Barcelona items.  None of the suits mentions a copyright.  They rely on trademark infringement.  Let&#8217;s see how they will turn out.</p>
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		<title>Comment on What is Genuine Design? by admin</title>
		<link>http://blog.genuinedesign.com/?p=21&#038;cpage=1#comment-312</link>
		<dc:creator>admin</dc:creator>
		<pubDate>Sat, 31 Oct 2009 14:04:02 +0000</pubDate>
		<guid isPermaLink="false">http://blog.genuinedesign.com/?p=21#comment-312</guid>
		<description>Furniture design rights are not related to patents, they are related to copyrights which endure for 75 years past the author's death. Cassina is authorized to produce Frank Lloyd Wright furniture because they were awarded a license by the estate of  FLW. A few years ago Cassina was the sole authorized manufacturer of this furniture worldwide. The estate decided not to renew Cassina's license in the United States, and they awarded it to Copeland Furniture in the USA instead, and now they are the only company authorized to make and sell FLW furniture in the USA.  Cassina still makes and sells FLW furniture in the rest of the world.

The point is not about the manufacturing quality, it is about who Frank Lloyd Wright (through his estate) allows to produce his designs. By the way, the name "Frank Lloyd Wright" is a registered trademark... a brand name like Kleenex or Cadillac. Any company producing his designs without permission is not only creating fakes, if they call them "Frank Lloyd Wright" furniture they are also committing felony trademark counterfeiting.</description>
		<content:encoded><![CDATA[<p>Furniture design rights are not related to patents, they are related to copyrights which endure for 75 years past the author&#8217;s death. Cassina is authorized to produce Frank Lloyd Wright furniture because they were awarded a license by the estate of  FLW. A few years ago Cassina was the sole authorized manufacturer of this furniture worldwide. The estate decided not to renew Cassina&#8217;s license in the United States, and they awarded it to Copeland Furniture in the USA instead, and now they are the only company authorized to make and sell FLW furniture in the USA.  Cassina still makes and sells FLW furniture in the rest of the world.</p>
<p>The point is not about the manufacturing quality, it is about who Frank Lloyd Wright (through his estate) allows to produce his designs. By the way, the name &#8220;Frank Lloyd Wright&#8221; is a registered trademark&#8230; a brand name like Kleenex or Cadillac. Any company producing his designs without permission is not only creating fakes, if they call them &#8220;Frank Lloyd Wright&#8221; furniture they are also committing felony trademark counterfeiting.</p>
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		<title>Comment on What is Genuine Design? by Zeke</title>
		<link>http://blog.genuinedesign.com/?p=21&#038;cpage=1#comment-311</link>
		<dc:creator>Zeke</dc:creator>
		<pubDate>Sat, 31 Oct 2009 07:49:23 +0000</pubDate>
		<guid isPermaLink="false">http://blog.genuinedesign.com/?p=21#comment-311</guid>
		<description>Isn't it true that furniture design rights (through design patents) endure for only 14 years?  Why do you keep calling things stolen, plagiarized, and counterfeit when they are legal and kosher?  Cassina had produced Frank Lloyd Wright furniture.  Now, they do not.  If they make the pieces that they had been making, would you hold them to be inferior?  The same exact manufacturer of the same exact design?</description>
		<content:encoded><![CDATA[<p>Isn&#8217;t it true that furniture design rights (through design patents) endure for only 14 years?  Why do you keep calling things stolen, plagiarized, and counterfeit when they are legal and kosher?  Cassina had produced Frank Lloyd Wright furniture.  Now, they do not.  If they make the pieces that they had been making, would you hold them to be inferior?  The same exact manufacturer of the same exact design?</p>
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		<title>Comment on To Make A Difference By Design by Eric</title>
		<link>http://blog.genuinedesign.com/?p=34&#038;cpage=1#comment-207</link>
		<dc:creator>Eric</dc:creator>
		<pubDate>Mon, 22 Jun 2009 18:17:09 +0000</pubDate>
		<guid isPermaLink="false">http://blog.genuinedesign.com/?p=34#comment-207</guid>
		<description>Ethics and design are both in the realm of ideas, and they're related whether you like it or not. But you're only addressing the physical manufacture of a commodity. What about the person who labored to design the chair in the first place? Designers typically spend years of work and a lots of their own money on prototypes and variations before hitting a version that is commercially viable. Nobody reimburses them for that investment; the aim is to profit from the legitimate replication of the design by an honest manufacturer who has entered into a license with the designer. Why should pirates, who took no risk, profit at the expense of the person who owns the design or their family? In your world there would be new designs because potential designers would go into other fields. Society figured that out long ago and passed legal protections for intellectual property rights because it's good for the economy, and therefore in the interest of the greatest good for the most people.

Legitimate manufacturers don't use child labor, they pay people a wage. You are advocating giving the work to criminal counterfeiters who exploit child and prison labor. Shame on you.</description>
		<content:encoded><![CDATA[<p>Ethics and design are both in the realm of ideas, and they&#8217;re related whether you like it or not. But you&#8217;re only addressing the physical manufacture of a commodity. What about the person who labored to design the chair in the first place? Designers typically spend years of work and a lots of their own money on prototypes and variations before hitting a version that is commercially viable. Nobody reimburses them for that investment; the aim is to profit from the legitimate replication of the design by an honest manufacturer who has entered into a license with the designer. Why should pirates, who took no risk, profit at the expense of the person who owns the design or their family? In your world there would be new designs because potential designers would go into other fields. Society figured that out long ago and passed legal protections for intellectual property rights because it&#8217;s good for the economy, and therefore in the interest of the greatest good for the most people.</p>
<p>Legitimate manufacturers don&#8217;t use child labor, they pay people a wage. You are advocating giving the work to criminal counterfeiters who exploit child and prison labor. Shame on you.</p>
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		<title>Comment on To Make A Difference By Design by Max</title>
		<link>http://blog.genuinedesign.com/?p=34&#038;cpage=1#comment-196</link>
		<dc:creator>Max</dc:creator>
		<pubDate>Wed, 17 Jun 2009 01:52:04 +0000</pubDate>
		<guid isPermaLink="false">http://blog.genuinedesign.com/?p=34#comment-196</guid>
		<description>This is absolute nonsense. If chair A and chair B have the same amount of workmanship, quality of materials, seeming, and look, then chair A is equal to chair B, even if chair A is made by people in Europe for above minimum wage, and chair B is made my nearly starving children in Chinese sweatshops. And, really, is it all that ethical to take work away from those children when they clearly need that small amount of pay to survive? I am not pro child-labor, but taking away their jobs won't fix their situation.

Ethics should be held separate from design; when mixed they only produce two things: feel good bullshit and propaganda.</description>
		<content:encoded><![CDATA[<p>This is absolute nonsense. If chair A and chair B have the same amount of workmanship, quality of materials, seeming, and look, then chair A is equal to chair B, even if chair A is made by people in Europe for above minimum wage, and chair B is made my nearly starving children in Chinese sweatshops. And, really, is it all that ethical to take work away from those children when they clearly need that small amount of pay to survive? I am not pro child-labor, but taking away their jobs won&#8217;t fix their situation.</p>
<p>Ethics should be held separate from design; when mixed they only produce two things: feel good bullshit and propaganda.</p>
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		<title>Comment on Conversations Meant To Educate The Client by HD Wallpapers</title>
		<link>http://blog.genuinedesign.com/?p=56&#038;cpage=1#comment-178</link>
		<dc:creator>HD Wallpapers</dc:creator>
		<pubDate>Tue, 09 Jun 2009 14:36:04 +0000</pubDate>
		<guid isPermaLink="false">http://blog.genuinedesign.com/?p=56#comment-178</guid>
		<description>I found your blog on google and read a few of your other posts. I just added you to my Google News Reader. Keep up the good work. Look forward to reading more from you in the future.</description>
		<content:encoded><![CDATA[<p>I found your blog on google and read a few of your other posts. I just added you to my Google News Reader. Keep up the good work. Look forward to reading more from you in the future.</p>
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		<title>Comment on Conversations Meant To Educate The Client by ArianaGomb</title>
		<link>http://blog.genuinedesign.com/?p=56&#038;cpage=1#comment-42</link>
		<dc:creator>ArianaGomb</dc:creator>
		<pubDate>Wed, 13 May 2009 10:24:30 +0000</pubDate>
		<guid isPermaLink="false">http://blog.genuinedesign.com/?p=56#comment-42</guid>
		<description>Great point and very interesting food for thought.  I'm not sure I have any clients I can replicate this with, but will bear in mind for the future. Regards</description>
		<content:encoded><![CDATA[<p>Great point and very interesting food for thought.  I&#8217;m not sure I have any clients I can replicate this with, but will bear in mind for the future. Regards</p>
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