One day during physics class, Donita, an enterprising fourteen-year-old student,

Question

One day during physics class, Donita, an enterprising fourteen-year-old student, began drawing designs on her shoelaces.  By the end of class, Donita had decorated her shoelaces with the name of the school, Drexel High School, written in blue and gold (the school colors) and with pictures of dragons, the school’s mascot.  After class, she showed the designs to her teacher, Mr. Langley.  When Donita got home that night, she wrote about the shoelaces in her diary, in which she also drew her shoelace design.

Mr. Langley had been trying to think of how he could build school spirit.  He thought about Donita’s shoelaces and decided to go into business for himself.  He called his business Spirited Shoelaces and designed shoelaces for each of the local schools, decorating the shoelaces in each case with the school’s name, mascot, and colors.  The business became tremendously profitable.  Even though Donita never registered her design with the patent or copyright office, does she have intellectual property rights in the shoelace design?  Will her diary be useful in proving that she created the design?  Decide whether or not Donita has a patent or copyright for the shoelace design.    (Due: Saturday at 11 PM)

Explanation / Answer

According to me yes Donita has a intellectual property right. `as intellectual property right is the category of the property that includes intangible creation of the human intellect and it can primarly include copyright, patent and trade mark etc. yes her diary is quite useful in proving that she has created the design , as she written in the diary abut her creation before this design is used by her teacher. No donita dont have patent and copyright for the shoelace design , as for this trademark is provided , as trademark is symbol, word that is legally registered or established by use as representing a company or product.

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