1. Why is a plush doll copyrightable subject matter? 2. What is the idea behind Fred? What...

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1. Why is a plush doll copyrightable subject matter?

2. What is the “idea” behind Fred? What is the “expression” of that idea? How these concepts are relevant to the inquiry into whether Novelty infringed on Tekky’s copyright in Fred?

3. Was it necessary for Tekky to prove that Novelty had access to Fred? Why or why not? Was it necessary for Tekky to prove substantial similarity between Fartman and Fred? Why or why not?

4. What is the “corporate receipt” doctrine? How does it apply in this case?


Meet Pull My Finger® Fred. He is a white, middle-aged, overweight man with black hair and a receding hairline, sitting in an armchair wearing a white tank top and blue pants. Fred is a plush doll and when one squeezes Fred’s extended finger on his right hand, he farts. He also makes somewhat crude, somewhat funny statements about the bodily noises he emits, such as “Did somebody step on a duck?” or “Silent but deadly.”


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The law of marketing

ISBN: 978-1439079249

2nd Edition

Authors: Lynda J. Oswald

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