Copyright on a physical object where no patent exists

Question

Lets say my company make a new shape of Rubik's Cube (a round ball twisty puzzle) and we call it a "Ball Cube" (my company is called "Puzzles" so its a "Puzzles Ball Cube").

I patent the "Ball Cube" and start selling it...

20 years later the patent expires and lots of other twisty puzzle manufacturers create the "Ball Cube" and call it their own brand so lets just say "Rubik's Ball Cube" and "LanLan Ball Cube" and "China Ball Cube".

Are they free to do so? do i legally own copyright for the "Ball Cube" phrase or the design of the original? Or would I have to file for a trademark?

Can a physical object like this twitsy ball cube be protected under copyright after the aptent expires?

Answer 1

You would want to establish trademark protection on the phrase "Ball Cube": copyright is not generally a good way to protect names or other short phrases. See, for example, Can I copyright the name of my band? from the U. S. Copyright Office, which notes that "names are not protected by copyright law."

Furthermore, you're interested in preventing others from selling a similar object using a similar name, and that's precisely what trademark protection is for.

The ball cube design would potentially be eligible for copyright protection, but you should be aware that this protection would not extend to elements of its design that originated in Rubik's Cube, because your design would be a derivative work.