A while back the sex columnist from Esquire called me up to ask whether, in theory, a new sexual position could be protected. Well, let’s see. A physical position probably couldn’t be patented, although devices to enable the position could be. The idea of a new position couldn’t be copyrighted, but, viewing a sexual position as analogous to choreography or yoga, some fixation of the position, such as a book of diagrams, or a video, could be. As for trademark, the inventor could name the position and then merchandise it.
The column is out now in the July issue of Esquire (no online version available – I’ll email it to you). Oddly, the column didn’t contain the comprehensive discussion of intellectual property law that I thought was warranted, opting instead for an illustration of naked people. Well, whatever turns you on.