Lisa Frank, Inc. recently settled a copyright infringement lawsuit against a Canadian company, Orb Factory. The Tucson-based company filed suit in 2015 in the U.S. District Court in Arizona alleging Orb Factory copied its protected images on its packaging. Lisa Frank’s vibrantly colored school supplies, stationary, and other unique items were known and loved by every little girl in the 1980’s and 1990’s and feature designs of unicorns, tigers, and other fanciful creatures. In its complaint, Lisa Frank cited the fact that its brand attained iconic status as a result of the “unique look and quality” of its product line. Since its inception in 1979, the company has generated over $1 billion in sales. A copyright exists as soon as an original, creative work is fixed in a tangible medium of expression. While copyrights need not be registered with the U.S. Copyright Office to be protected, Lisa Frank has in fact been issued over 400 certificates of registration for its collection of graphics and designs used on or with its products. Lisa Frank contended that Orb Factory’s “sticky mosaics” and other products were “substantially and confusingly similar” to its own products. On the fifth day of the civil jury trial, Lisa Frank and Orb Factor entered into a confidential settlement agreement effectively terminating the dispute. #omnilegalgroup #copyright #lisafrank
