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October 07, 2006

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Not Disclosed

"The real problem for the plaintiff here, however, seems not to be the functional quality of the shoe but to be bad lawyering. If someone had checked the box for "3D object" she would have prevailed."

The blogger does not give the copyright office the credit it deserves.

If the 3 d box had been checked, the copyright office would have rejected the registration. The office would have also informed the applicant there was separable copyrightable material (the shoe etching and photographs), however the 3 d shoe was functional and hence not copyrightable.

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