Wednesday, November 22, 2006

Wishbone Lawsuit

Local company Lucky Break Wishbone makes plastic wishbones. Think of all the squabbles with siblings could be avoided if everyone got a wishbone! Now even vegetarians can make wishes!In August 2005, Sears (allegedly) ordered over a million wishbones from the company -- but then decided to have them made offshore. Now the little manufacturer is suing Sears and its advertising company (Young & Rubicam) for breach of contract and copyright infringement. Judge Thomas Zilly (W.D. Wash.) has ordered the two sides to spend 60 days in mediation. West Seattle company is fighting over the wishbone, Seattle Times, Nov. 22, 2006.

Remember Contracts class? When is a contract formed? Does an email exchange satisfy the Statute of Frauds?

Does copying the shape of a bone have enough originality for a copyright?

Attorneys quoted in the article are Mark P. Walters (Christenson O'Connor Johnson Kindness, Seattle) for Lucky Break and Marc J. Rachman (Davis & Gilbert, New York), for the defendants.

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