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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.
 

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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.
 
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