Page:Best Western logo US Copyright Office decision.pdf/6

David Youssefi, Esq. You describe the elements of the Best Western Logo as: i) a blue, irregularly shaped polygonal design; ii) curvilinearly shaped corners; iii) yellow pin-striping; and iv) an abstract rendition of a red crown. Letter from Youssefi to Copyright R&P Division of 04/28/05, at 3. You appropriately do not appear to claim copyright in the words “Best Western” or their particular typeface. See 37 C.F.R. § 202.1(a) (“[w]ords and short phrases such as names, titles; lettering” and “[t]ypeface as typeface” “are examples of works not subject to copyright”).

The five-sided polygon, or pentagon, is a public domain geometric shape not subject to copyright protection in and of itself. The Board recognizes that the pentagon featured in the Best Western Logo does not have equilateral sides or angles as is often found in a representation of a pentagon. However, the Board deems these differences to be at most trivial variations. The work is still by definition a pentagon, a common shape not capable of sustaining a copyright registration. Even if this shape is viewed as a building, such as a hotel, it is a standard representation of a generic building which does not warrant copyright protection. The curvilinearly shaped corners which soften the pentagon’s angles are similarly trivial variations from rigid angles and do not qualify for copyright protection. The pin-striping simply follows the general contours of the pentagon, and therefore lacks the necessary creative spark as dues the pentagon itself. Similarly, the blue and yellow coloring of the pentagon and the pin-striping, by themselves, do not embody a sufficient amount of creativity on which to base a copyright registration.

The only other element of the Best Western Logo is the red “crown” or “W.” Regardless whether it is viewed as a “crown” or a “W,” this element is a commonplace design which embodies insufficient creativity to support a copyright. As a crown, it is a standard, albeit stylized, representation consisting of a horizontal plane at the bottom, multiple vertical tines or prongs angling outward from a center axis and an additional element positioned in the top center where an emblem, cross or other flourish would typically appear. As a W, it is also a standard representation as found in several typographies. Copyright is not available for a letter of the alphabet nor its particular typeface.

“If the work consists entirely of uncopyrightable elements, registration is not authorized.” Compendium II, § 503. Therefore, the only means by which the various non-protectible elements in the Best Western Logo could possibly sustain a copyright would beif their particular combination or arrangement exhibited a sufficient level of creativity. Unfortunately, they do not.

The pentagon is the background and the yellow pin-striping simply outlines it. The “crown/W” and the “Best Western” text are centered in the pentagon. Although these elements may