Plaintiff registered copyright in a 20 inch doll.  It then created a 48 inch doll derived from the 20 inch doll, but didn’t register copyright.  Defendant’s doll allegedly infringed the unregistered  48 inch doll but not the registered 20 inch doll.  Plaintiff argued that registration of the prior work confers jursidiction on claims of infringement on the derivative works. 

The 2d Circuit held that (1) registration of the copyright in a work does not implicitly register the copyright in its derivative work; and (2) a work does not violate a copyright holder’s right to control the production of derivative works if it is not substantially similar to the copyrighted original.

Practice pointer: File for copyright registration for derivative works you intend to base litigation on.

Well-Made Toy Mfg. v. Goffa International, 02-7881 (2d Cir. Dec. 2, 2003).

 

And speaking of juxta position, today’s Wall Street Journal, page B1, “Whose Ad Is This Anyway?,” discusses the practice of companies using their fictional pitchman, such as the Maytag Repairman, Taco Bell Chihauhua, and the Pillsbury Doughboy, to appear in ads for the products of others.  Does this enhance or blur brand image?  The experts disagree.

It was a little ironic. “Ruling Is Near On Limits Put on Film Copies” on p.4 of today’s NY Times, reports that a NY Federal court will issue a ruling soon on whether the MPAA can prohibit member studios from distributing copies of new movies to critics, given that such copies are apparently the source of piratical copying.  MPAA President Jack Valenti was quoted as testifying that movie piracy was “a malignant fungus on the face of our industry.”  Eech.

Three columns over was an article entitled “A Disney Unit Sets Global Box Office Record,” reporting that even before Christmas, Disney’s Buena Vista division has sold more than $3 billion in tickets this year, beating the record set by Sony last year of $2.86 billion.

Via the new Sports Law Blog, this ESPN article re Kim Clijsters (No. 2 ranked woman tennis player) that she will not play in the Olympics for her native Belgian team, as her contract with Fila prohibits her from wearing other vendor’s apparel, while the Belgian team’s sponsor, Adidas, will require team members to wear Adidas.  I suppose the King of Belgium gets involved or something and then they settle.

Note to self: Remember to insert “Olympics force majeure” clause in future licensing agreements.