Court Orders F.P. Journe To Pay Jaquet Droz Legal

All that don't say "Rolex" on them are likely perfectly legal "copies." Why? Because they are simply applying a theme or type of watch. Things like a rotating diver's bezel, the hour markers, hands, bracelet, etc... can all said to be "functional" and not artistic expression. For that reason only a patent could protect them - and such patents would have expired long ago if there were ever obtained in the first place.So going back to the F.P. Journe and Jaquet Droz situation. In 2004 FP. Journe apparently accused Jaquet Droz of copying the looks of its Octa Automatic watch - that has a small frame secured with three screws over the smaller hours and minutes, with a second subdial in the middle of the watch dial. It is really the three screws and their "figure 8" layout which FP. Journe was accusing Jaquet Droz of copying. Everything I have read about this situation was translated from French, so I am doing my best to understand it all. Trademark law is going to protect things such as logos, "signature" or iconic (distinctive) traits of a watch brand that lead consumers to believe they are from a particular brand. Aside from logos and such, this is tough to prove, but theoretically should protect certain things. On the copyright angle, we have those original artistic expressions that are protected. But here you need to prove designs are original (tough), and you need show copying to a degree. Slight changes here and there could still be infringements (derivative protections), but often are not. Look at the classic example of the Rolex Submariner. There are countless "copies" of the watch.