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rag & bone is set to debut its fall ready-to-wear collection during fashion weeks opening night. known for its trendy line of womens apparel and footwear, the brand is named after the 19th century english rag and bone men who scavenged items of others to resell them. as fate would have it, in 2009 an oregon-based shoe company called danner alleged that rag & bone was indeed a bone-grubber, for selling combat boots that not only looked strikingly similar to danners boot design, but under the name danner combat boot by rag & bone. danner brought claims in oregon district court for trademark infringement, arguing that consumers were likely to be confused as to the source and sponsorship of rag & bones combat boots. not surprisingly, danner did not allege infringement of the boot design itself, likely due to the fact that its combat boot design is relatively common and therefore difficult to protect under trademark or patent law. further, copyright law does not protect utilitarian articles like shoes (except to the extent the designs on the shoes are separable, an issue currently pending before the supreme court ). the parties eventually settled their dispute.however no one ever patents the details of the methodology wrong. details like that are patented all the time. however, they arent as sexy to talk about as, e.g., a method of exercising a cat with a laser. i used to read slashdot quite frequently i enjoy the articles on the technology. however, they were awful when it came to the law. it is like your brother-in-law who went to school for english literature and works as a barista for starbucks trying to explain what memory cache in a processor is used for.
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