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    Trademark, copyright, patent: Harley Davidson

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    What is the difference between a trademark, copyright and patent? Can Harley Davidson patent the sound that a Harley makes? Could it be a trademark? Also see Harley-Davidson, Inc. v. Grottanelli,164 F.3d 806 (2d Cir. 1999) cert. denied 531 U.S. 1103 (2001)

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    Patent - A patent is a right granted to make, use or sell an invention. The invention must be useful and non-obvious. The "useful" element means that the matter in question serves an operative purpose. For example, a machine that operates as intended is useful. If the machine does not operate properly, it is not useful.

    The "non-obvious" element means that the invention cannot stem from an invention that is already in existence. For example, a live mouse trap already exists. Someone cannot "invent" a live trap to catch squirrels and claim originality. ...

    Solution Summary

    The expert examines Harley Davidson patent.