What do architects Frank Lloyd Wright, I.M. Pei, and Antoni Gaudí have in common? Well, likely, you've never eaten a Stuffed Crust Pizza in any of their buildings.
The same can't be said of Richard D. Burke, however. Burke is responsible for the design of every red-roofed Pizza Hut restaurant worldwide.
But I'm getting ahead of myself. I'll start at the beginning.
Surprisingly, the iconic red roof wasn't part of the original Pizza Hut.
The very first location, nestled in Wichita, Kansas, was a modest red brick building where, in 1958, two college brothers turned their pizza dreams into reality.
With just $600 borrowed from their mother, they bought the necessary equipment and opened their humble restaurant.
As for how the name "Pizza Hut" came to be, I can only guess.
With this inauspicious start, what would later become the world's largest pizza company was born. The brothers incorporated and recruited their first franchisee to open a second Pizza Hut location in Topeka, Kansas, just one year after establishing their company.
The red roof design was introduced in 1969, when the restaurant brand began to expand internationally. The two brothers began to worry about competition and started to think about new, creative ways to distinguish their restaurants.
The brothers called up a college friend and fraternity brother who became an architect and artist in Wichita: Richard D. Burke.
As the story goes, Burke had initially charged the brothers a hefty upfront fee that the fledgling pizza start-up wasn't able to scrape together. Instead, they offered Burke $100 per store built using his design, never guessing that Pizza Hut would become the global company that it is today.
My research is certainly not exhaustive, but it appears that Burke may have received royalties on ~6,400 buildings.
I love "re-use fees."
Although thousands of the buildings have been repurposed, re-painted, or relocated, these buildings are still readily recognizable and call to mind a time of dine-in fast food, all you can eat pizza, and self-serve sundaes
College Park, Maryland, Pizza Hut
Located across the street from the hotel, I "lived" in,
when AIBD moved to Washington, DC.
Even today, with new modern take-out venues, Pizza Hut's logo still bears the iconic red roof design.
Here's the really interesting part (finally, right?). The building design is patented (US Patent: D202,878).
That's correct; the ornamental (visual, non-functional) aspects of a building or structure, such as unique shapes, surface ornamentation, or other visual characteristics that make the building's appearance distinctive, can be patented.
The Pizza Hut red roof is a classic example. Another example is Apple's Fifth Avenue store in NYC.
Functional or structural innovations (such as new construction methods or materials) may be eligible for a utility patent, which is different from a design patent and requires the invention to be novel, useful, and non-obvious.
Purely aesthetic features that do not serve a functional or structural purpose are generally covered by design patents.
A design patent protects "the design embodied in or applied to an article of manufacture (or portion thereof) and not the article itself." According to the USPTO.
So, whereas a utility patent allows the owner to prevent other products from functioning in the same way, a design patent allows the owner to prevent other products from having the same appearance or "look."
I've yet to attempt to apply for either, but from what I read, there are a few differences in the process of obtaining a design patent.
- The drawings are more detailed than in a utility application, and show the product from more angles; and
- There isn't a written description. This is because the claimed invention is what's shown in the drawings. It's all about the appearance.
- The design patent is valid for 15 years, while a utility patent is valid for 20 years.
Applications are filed with the USPTO, and examination is expected to occur in approximately a year (give or take).
Yes, residential designs can be patented if they are new, original, and ornamental in nature. Buckminster Fuller patented the geodesic dome, which has been used for single-family residences.
However, more specifically, US Patent: 5,469,673A is a patent for "Integrated Residential Dwelling Units."
According to its abstract, "A system of integrated residential dwelling units includes a pair of dwelling units with forward sides facing in generally opposite directions and rearward sides adjacent one another."
Huh...
Have you unknowingly infringed? LOL
At AIBD, we often speak about copyrights, and if you're feeling like there's an overlap here, you're not alone.
One significant difference, though, is the filing fees. The fee is $35 for each copyright. The basic filing, search, and examination fees for a design patent can be as much as $1,300.
Why?
If a project fails to deliver an iconic outcome that permanently defines a brand, what motivates anyone creating architecture to undertake the effort of securing a patent?
Join me at the Design + Build Asheville Conference and let's ask attorney David Bennett. He is one of our many featured speakers at the event.
Mr. Bennett authored AIBD's publication, "Copyright Basics for Designers & Builders," a valuable resource available for free as a PDF download to members through their AIBD account page.
Over the years, David and his team at Coates & Bennett have supported numerous AIBD designers in safeguarding their intellectual property and securing financial compensation for infringements.
He's a long-time, loyal supporter of our industry and could be a valuable addition to your team.
If you thought you missed reserving your room, the hotel has graciously extended our room block to July 9, one week from today.
The info is at AIBD.org/Design-Build-Asheville.
Please let me know how I can assist you in deciding whether to attend from July 31 to August 2.
Okay, let me say this: if you want to hang out with a group of residential design professionals who share the same challenges, struggles, and overall pride, this is the event to attend.
Then, go forth and design boldly,
Steve Mickley, Executive Director
Email: steve.mickley@AIBD.org
Let's chat: AIBD.org/meetsteve
