[Kip Currier: Intellectual Property confusion--The headline should switch "copyright" (wrong!) with "trademark" (right!).
Curiously, the article says that Simmons applied to the U.S. Patent and Trademark Office (the correct place to apply for the kind of Intellectual Property for which Simmons is seeking protection), rather than the U.S. Copyright Office; the USPTO mention should have been an indicator that this is not a copyrightable work.
"Entertainment purposes" indicates the type of trademark class for which Simmons is seeking protection.
"Use in commerce" is also a requirement for federal trademark registration, not copyright registration.]
"Gene Simmons of Kiss is trying to copyright the devil horns gesture.
The Hollywood Reporter reports Simmons has applied to the U.S. Patent and Trademark Office for protection of the gesture for entertainment purposes. He claims he first used it in commerce in 1974."
