Legal Question in Intellectual Property in California

GM Intilectual properties

During WWII GM and other manufactures produced thousands of 2.5 ton cargo trucks knows as deuce and a halfs. These trucks were contracted by the United States government. If one of these trucks is duplicated as a model and sold to the public without using the name of the manufacturer (GM for example) can GM claim that they own the design or intelectual property for this vehicle produced under contract in 1943


Asked on 12/05/08, 6:52 pm

1 Answer from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

Re: GM Intilectual properties

I saw a WWII documentary about the value of these deuce and a half trucks in WWII. They carried allied supplies all over the war zone and made a huge difference in the war. The program was very interesting. As far as the law, they can claim it - whether they would be correct or not is another question. Copyright law is both federal and state, but if no federal registration of the vehicle design exists (lasts 70 years or so), it is probably a state by state law. A patent on the vehicle can be looked up and examined, and I cant tell from your description whether the "model" is life sized etc. whether it would fall within the patent. Would they fall within an exception such as fair use because of their historical value? Maybe. It is also possible that a deal can be worked out with whoever might be likely to complain, if anyone.

Best,

Daniel Bakondi

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Answered on 12/17/08, 2:48 am


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