Well done the EnglishMaster, that is the answer but is not entirely correct.
Copyright is one of the principal varieties of Intellectual Property. The others are Patents, Trade Marks and Design Rights.
Copyright protects the expression of an idea as in a story, a painting, a sculpture and so on. That is the actual words, daubs, shape etc but not the underlying idea. Patents protect a novel idea "capable of industrial application" of which the best example would be an invention of a machine or part of a machine or a chemical process. Again you can't protect any old idea and you can't invent something that everyone knows--spanking makes girls behave better. A trademark protects (gives a monopoly right to use to identify goods or services) any sign or indication showing the origin of a trade product--eg Microsoft, Ford, or in the present case a visual depiction of a shopper slapping her own bottom (actually her back pocket) to demonstrate that she is a canny shopper and thus has more money in her back pocket. A design right protects the appearance or shape of an industrially produced article eg a mass produced statuette of a girl being spanked otk. Again it doesn't protect the underlying concept (heaven forbid).
That is of course an enormous simplification of a very complex subject.
In the present case ASDA will have applied for TradeMark protection of their "sign" which on closer examination would prove not to be "bottom slapping" in general, but the pocket slapping action described above.
Geoffrey Stirling. |