Legal Question in Intellectual Property in New York

To what degree is this protected

I am planning on making a new line of flash cards(study guide). I recently found a place that has released flash cards on the same subject, but the information on the cards is different than what I am planning to use. I am assuming I am not going against any kind of law here by releasing a new line. My assumption is based on the fact that most flash cards are math related, and you can't copyright/patent information such as 2+2=4. So what is actually protected here? for the other company, as well as myself.


Asked on 12/19/05, 4:25 pm

1 Answer from Attorneys
John Friedman Law Office of John K. Friedman

Re: To what degree is this protected

In the realm of materials such as you describe -- flash cards for math -- what you are protecting is the "trade dress" (the sum of the look and feel and presentation) of the cards (colors, type faces, backing, materials, etc.). Yours has to be materially and meaningfully different from any others already on the market.

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Answered on 12/19/05, 4:56 pm


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