A Dog-gone Copy?

AnneWasHere_SchuhSandals

ATTORNEYSCOTT COMMENTARY:

Today’s installment comes from across the pond. A UK retailer, Schuh, has apparently drawn from the artwork of ANNE was HERE to decorate its new slide sandals. The idea of putting a cute l’il pup on a sandal is not protectable, and anyone who wants to draw a dog can draw a dog and not run afoul of the law. But, ANNE was HERE’s artistic expression, her depiction of a dog, is protectable, and as such cannot be lawfully used by another without her permission. Did Schuh cross the line?

-Attorney Scott (scott@copyrightLA.com)

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COMPARISON OF ORIGINAL AND SCHUH VERSION:

AnneWasHere_SchuhSandals

Posted by AttorneyScott  |  2 Comments  |  in Uncategorized

2 Comments

  1. Sylvie 05/18/2015 8:13 pm

    It’s similar however the illustration itself is so simple and that breed of dog all look alike. Is one Boston Terrier a copy of the other then? I could take a picture of any Boston Terrier, crop it peek-a-boo style and the picture would be similar.

    https://www.pinterest.com/pin/564357397026764187/
    http://www.thinkstockphotos.ae/image/stock-photo-peaking-over/467069830

    Sorry, I think the so called original is just not distinctive enough.

  2. Ronnie 05/03/2015 7:25 pm

    Hmmm, definitely ‘inspired by’, the designer surely saw the original, but it’s a vector drawing of a similar dog, cropped in nearly the same place. Not sure if it’s a total rip, as the original designer doesn’t hold the trademark on vector dogs.

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