37 C.F.R. § 202.1
Material not subject to copyright
The following are examples of works not subject to copyright and applications for registration of such works cannot be entertained:
(a) Words and short phrases such as names, titles, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering or coloring; mere listing of ingredients or contents;
(b) Ideas, plans, methods, systems, or devices, as distinguished from the particular manner in which they are expressed or described in a writing;
(c) Blank forms, such as time cards, graph paper, account books, diaries, bank checks, scorecards, address books, report forms, order forms and the like, which are designed for recording information and do not in themselves convey information;
(d) Works consisting entirely of information that is common property containing no original authorship, such as, for example: Standard calendars, height and weight charts, tape measures and rulers, schedules of sporting events, and lists or tables taken from public documents or other common sources.
(e) Typeface as typeface.
Notes of Decisions
Cited in 193
cases (50 in the last 5 years), 1957–2026 · leading case: Lexmark Int'l, Inc. v. Static Control Components, Inc., 387 F.3d 522 (6th Cir. 2004).
Lexmark Int'l, Inc. v. Static Control Components, Inc., 387 F.3d 522 (6th Cir. 2004). “7 (noting that Sega’s 20-byte initialization code is of de minimis length and therefore likely a “word” or “short phrase” that is not protected by copyright law as described in 37 C.F.R. § 202.1 (a)); see also Feist, 499 U.”
Prunte v. Universal Music Grp., Inc., 699 F. Supp. 2d 15 (D.D.C. 2010). “See 37 C.F.R. § 202.1 (a) (“Words and short phrases such as names, titles, and slogans” are not subject to copyright.”
Advanz Behavioral Mgmt. Resources, Inc. v. Miraflor, 21 F. Supp. 2d 1179 (C.D. Cal. 1998). “” 37 C.F.R. § 202.1 (c). Defendants also contend that such an outcome is mandated by controlling case law.”
Axxiom Mfg., Inc. v. McCoy Investments, Inc., 846 F. Supp. 2d 732 (S.D. Tex. 2012). “” 37 C.F.R. § 202.1 (a). Darden v. Peters, 488 F.”
Apple Comput., Inc. v. Microsoft Corp., 799 F. Supp. 1006 (N.D. Cal. 1992). “37 C.F.R. § 202.1 (c); see also Baker v. Selden, 101 U.”
Janky v. Lake Cnty. Convention & Visitors Bureau, 576 F.3d 356 (7th Cir. 2009). “37 C.F.R. § 202.1 (2004); see also Alberto-Culver Co.”
Southco, Inc. v. Kanebridge Corp., 390 F.3d 276 (3rd Cir. 2004). “The current version of this regulation now provides in relevant part: The following are examples of works not subject to copyright and applications for registration of such works cannot be entertained: (a) Words and short phrases such as names, titles, and slogans; familiar…”
Boisson v. Banian, Ltd., 273 F.3d 262 (2d Cir. 2001). “Layouts of Alphabet To support its finding that the layouts of plaintiffs’ quilts were not protected by copyright, the district court relied upon evidence submitted by defendants showing that alphabet quilts have been in existence for over a century, suggesting that such layouts…”
Batiste v. Najm, 28 F. Supp. 3d 595 (E.D. La. 2014). “37 C.F.R. § 202.1 (a). In addition, common expressions and phrases are not entitled to protection for they do not satisfy the originality requirement.”
Utopia Provider Sys., Inc. v. Pro-Med Clinical Sys., L.L.C., 596 F.3d 1313 (11th Cir. 2010). “The charts contain headings such as “History of Present Illness” and room thereunder for a physician to fill out the patient’s unique medical information.”
Fisher v. United Feature Syndicate, Inc., 37 F. Supp. 2d 1213 (D. Colo. 1999). “In general, copyright protection does not extend to “[w]ords and short phrases such as names, titles, and slogans; familiar symbols or designs; [and] mere variation of typographic orientation, lettering, or coloring.”
L.A. Printex Indus., Inc. v. Aeropostale, Inc., 676 F.3d 841 (9th Cir. 2012). “See 37 C.F.R. § 202.1 (a); Soptra Fabrics Corp.”
— 37 C.F.R. § 202.1(a) — 8 cases
Prunte v. Universal Music Grp., Inc., 699 F. Supp. 2d 15 (D.D.C. 2010). “See 37 C.F.R. § 202.1 (a) (“Words and short phrases such as names, titles, and slogans” are not subject to copyright.”
Oracle Am., Inc. v. Google Inc., 872 F. Supp. 2d 974 (N.D. Cal. 2012).
Arvelo v. Am. Int'l Ins., 875 F. Supp. 95 (D.P.R. 1995).
Phillips v. Murdock, 543 F. Supp. 2d 1219 (D. Haw. 2008).
Simpson Strong-Tie Co. Inc. v. MiTek Inc. (N.D. Cal. 2023).
— 37 C.F.R. § 202.1(c) — 6 cases
Utopia Provider Sys., Inc. v. Pro-Med Clinical Sys., L.L.C., 596 F.3d 1313 (11th Cir. 2010). “The charts contain headings such as “History of Present Illness” and room thereunder for a physician to fill out the patient’s unique medical information.”
Clean Crawl, Inc. v. Crawl Space Cleaning Pros, Inc., 364 F. Supp. 3d 1194 (W.D. Wash. 2019).
Bibbero Sys., Inc. v. Colwell Sys., Inc., 893 F.2d 1104 (9th Cir. 1990).
Tastefully Simple, Inc. v. Two Sisters Gourmet, L.L.C., 134 F. App'x 1 (6th Cir. 2005).
Bibbero Sys., Inc. v. Colwell Sys., Inc., 731 F. Supp. 403 (N.D. Cal. 1988).
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