Laureyssens v. Idea Group, Inc., 964 F.2d 131 (1992) p.433
Plaintiff sued defendant claiming he copied his 3d type jigsaw puzzle.
The district court denied a preliminary injunction based on its conclusion that no serious question of infringement existed. The court of appeals affirmed.
Whether the plaintiff's jigsay type puzzle, named HAPPY CUBE - which had the unusual feature of being assembleable either in a flat form in a rectangular frame or into a three dimensional hollow cube, was infringed by the defendant's SNAFOOZ puzzle.
There was no copyright violation.
The court focused upon the element of similarity. In order to find that a copyright violation exists: 1. must be copying (based on acess and similarity) 2. find unlawful appropriation the court found similarities that are probative of copying and which at least raise a question of actual copying.
The plaintiff should have pursued a patent instead of copyright. The patent would be on the mechanical feature that the puzzle can go into a 2d or 3d structure.
Created on: Tuesday, September 28, 1999 at 19:11:08 (PDT)