[Deathtricity]

Ok I have looked around and I have a good feeling that its all going to come back to "Ask a Lawyer" but I would like to see if anyone else has ran into this before I pay for legal aid. I have a design I created but the whole design centers around the profile of a crayon (the design does NOT contain the words "Crayon" or "Crayola"). Just the basic shape. My question is can the profile be copyrighted???? thank you for your input.

 

[kimura-mma]

Technically, the shape of a product can be protected as a "trade dress." This can include the body style of a car, shape of a soda bottle or cell phone, etc. I don't know if the product needs a distinct element to qualify for a trade dress, so you would have to research it to find out if a crayon is eligible. As long as there are no marks that associate your design with Crayola, I would think using the shape of a crayon is ok. But obviously, it's best to seek legal advice to make sure.

 

[Deathtricity]

I did ask a lawyer that is a trademark and copyright pro. and he gave me the go ahead, he looked into a few things and basically told me all brands of crayons hold that same shape not just crayola, tell him there is no issue with using the shape. he gave me a website that may be useful its United States Patent and Trademark Office