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In the United States, smell copyright is well-established case law. Smells can be copyrighted if they're not a functional part of the product. Perfume no, smell added to shovels to distinguish your brand, sure.

Edit: Trademark, not copyright, damn it!




If Oracle gets its way, code smells will be copyrightable as well.


smells like burnt money


v11i smells like software license audits.


they have plenty


That's surprising. Smells to distinguish your brand seems more like a trademark than a copyright...


Is that copyright or trademark?


Yes, trademark. I don't know what possessed me.


Playdoh recently managed to trademark its smell.


That's interesting, I thought the smell was a result of the ingredients - which would make it non-distinctive and unsuitable for a trademark (as others would be excluded from making the product so the trademark would operate as a perpetual patent).

Maybe the smell is a trademark only for other goods (I don't know what Class Playdoh falls in, toys?), eg Playdoh scented merch?

On searching I found an informed, brief treatment here https://loweringthebar.net/2018/05/play-doh-smell-trademarke....


it's IP - i.e impossible plonkers


Is it actually copyright or a protection similar to trade dress like the use of a specific colour delivery vans and matching uniforms.




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