The world of design is a fascinating world. It is a world that combines creativity and craftsmanship, considerations of efficiency and savings, the study of people’s consumption and purchasing habits, and from time to time, interesting legal issues arise.
Pasta – it’s an empty carbohydrate (what can you do, it contributes mainly empty calories and an extra size in jeans) but very beloved – ask any child, an Italian chef and just about anyone else.
Pasta is so common in our kitchens and yet the design world is constantly seeking and finding new ways to market it to us and “on the way” generating interesting legal conundrums. Here are two lovely examples:
The pasta packaging above was designed by Nikita Konkin for pasta called the “Good Hair Day Pasta” – http://nikitakonkin.com/portfolio/good-hairday-pasta.
What is the connection between pasta and hair styling? Nothing but it is a creative idea. Can it be legally protected?
Will another designer, who will “borrow” the idea of Kunkin, design packaging for lentil , for example, in different colors (red lentils / green / brown) behind hair-like “windows” violate the designer’s copyrights?
And if there is no real copyright protection, is it possible to register an industrial design on the package? and will this IP protection be practical?
And the pasta itself?
“Pasta with Personality”. in the illustration below, is a line of products promoted by the online store https://pastashoppe.com/product/star-of-david-pasta/.
Among its products is a pasta designed in the shape of the Star of David:
On the face of it, it is possible in Israel to file an application for registration of a design (sample) on the product or even an application for registration of a three-dimensional trade mark, assuming that the design complies with the provisions of the law. However, such filing in Israel might encounter an obstacle since it is a symbol of the state.
Another good example relates to the question of copyrights in figures. I was astonished to learn that there are pasta products designed as Disney figures. As you may imagine, Disney figures are subject to copyrights and even trademarked. Copying these images without the rights owner’s consent, into pasta products might (or rather should) be considered as an infringement.
So, it appears pasta has a lot to do with complex legal attention. Who would have thought…