Fun case. The work at issue is a “whimsical representation of a mining ore car used to display polished stone and an accompanying brochure that lists the type of stones displayed.” Defendant Squire Boone Caverns, located in Harrison County, Indiana, is allegedly producing and selling an infringing ore car.
The Plaintiff does have a copyright registration for a 3-Dimensional sculpture for “Ore Card Display and Game Cards.” However, there will certainly be some functionality challenges to overcome. Additionally, the Plaintiff will need to reconcile why the registration for a “wood constructed attraction” for game cards should extend to polished stones. Squire Boone’s ore car product is advertised in connection with polished stones. It’s not apparent from the Complaint or Exhibits whether the Squire Boone ore car is made from wood, plastic or metal.
This case will probably see a Motion to Dismiss so stay tuned. A design patent would have probably been the preferred method of intellectual property protection for the Plaintiff’s ore car.
Silver Streak Industries LLC v. Squire Boone Caverns Inc.
Court Case Number: 4:13-cv-00173-RLY-DML
File Date: Tuesday, October 29, 2013
Plaintiff: Silver Streak Industries LLC
Plaintiff Counsel: Van T. Willis, Ashley G. Eade of Kightlinger & Gray LLP
Defendant: Squire Boone Caverns Inc.
Cause: Copyright Infringement, Tortious Interference with Contract
Court: Southern District of Indiana
Judge: Judge Richard L. Young
Referred To: Magistrate Judge Debra McVicker Lynch