-378- TEXTILE DESIGN REGISTRATION 3EAU. 4 468 -UlRTI: AVEMj' ' .' IMET YORK, i1. Y. June 11, 1934.. Mr, A. iitenthal ' Code Administrator, Handbag Industry 303 Fifth Avenue Ner York, 1T?' Y. ' Dear Er. Liitenthal: You have asked me to outline for you briefly our elan for design regis- tration as ne follow it vith the Ind.ustrial Design Registration Bureau.i First of all, I might say that this plan is essentially to prevent piracy a;"d therefore it involves a method of filing photostatic copies of designs which form fili:." system whereby ne. designs after they arei received, are compared vith those already, filed mnd given or denied regi station, I As you stated that the Handbag Inductry- did not vwant complete protection at this time, that is, compulsory submittal of every design, the servi4 in this case would consist of receiving such designs as the industry desired to have registered, thus establishing a date of first use thic later, if desired, could be used by your Code Authority as a means of, enforcing your piracy clause, forbidding, I understand, the copying of| designs in the industry. The handbags are submitted in whatever form you wish, together with in"| formation as to vAat are considered the "re-isterable features;" in other words, what particular features of the bag are considered neu and different. As in every other industry, 7e ,ssume that there are certain staple types of bags on which no one is entitled to protection. These would be classified by the Bureau as staples. The e:ztent of protection would be that of substitution by the average laytian in accordance with pre- vious ?recedents laid dov-m in Patent Office cases. The charge, subject to confirmation by our Comnr-iittee on Design Regis- tration, would be probably $5 a design with a fee of $2 if the design is rejected. This, we believe, would cover the e:cpenses of the Bureau, but it is our custom, When extending this service, to require a gu.aranqt front the organization requesting it to the effect that any deficit at the enIc. of a specified period shall be met by the industry, and that this .uLaranty shall also prevail if, aIt alrT time, the service is dis- continued by the industry. We do not believe, ho'7ever, that there would be any occasion for the exercise of this ,Tuaruanti if the fee is $5. I informed you the other day that the fee was $4, but I find now that the minimum for rhich .Toe rwill t2.::e a new service will bc $5. 9811