If it's copyrighted, you can use the design but not the name.
If it's patented, you can use the design for a personal project, but not a commercial one.
If it's patented, but the patent expired, you can use it however you like (but still can't use a copyrighted name).

: All~

: So I have been stewing over something that I think would be worth while to
: discuss within this community. Being that the vast majority of you have
: more boat building experience than i, I am sure you all may have run into
: a similar issue.

: So I am designing a bulkhead system for my boat. A personal non-commercial
: build of a whitewater boat I have designed entirely by myself. Now, in
: most steep creeking whitewater boats, there is a fairly full size
: adjustable (in depth) bulkhead system, as opposed to the smaller little
: foot tabs commonly used in sea kayaks. A lot of these have two bolts on
: the wall with these brackets attached to them and all... That doesn't
: matter as much, because I hate those.

: What i LOVE, is this bulkhead system used in Jackson Kayaks creek boats. Its
: one of the simpliest designs that I've ever seen, and it lends itself
: extremely well to being able to build yourself. I'll post a link at the
: bottom if you are interested in the specifics of it.

: Now, I have emailed Jackson Kayaks asking them if I can have there blessing
: to use the idea on a home built boat. I have heard nothing in return...
: Now, they may have a copyright on the name of the bulkhead system, and the
: exact design of it, but would I be infringing on a copyright or patent for
: using the idea of a bulkhead attached to a rope going to a jam cleat...? I
: mean, it seems kinda silly that I should even be concerned about
: "stealing" such a simple idea, but I acknowledge that I got the
: idea from them, that it is a good idea, and that I didn't come up with it
: out of thin air. However, I will have to design the entire thing myself,
: and will be definitely using different materials.

: Is this something I should be concerned about...? I have always looked at
: solutions as ownerless. An idea is a solution to a problem, and I can't
: own that solution anymore than I can own 3 + 4 = 7. Does my logic seem
: legally sound?

: ~Johnathan