OddzOn Products Inc. v. Oman
United States District Court for the District of Columbia
16 U.S.P.Q.2d 1225 (1989)
- Written by Robert Cane, JD
Facts
OddzOn Products Incorporated (OddzOn) (plaintiff) created a product called the koosh ball. The koosh ball was roughly the shape of a sphere and was composed of hundreds of soft rubber filaments that radiated from the center of the ball. OddzOn designed the koosh ball with the rubber filaments so that it could be caught comfortably without bouncing. OddzOn applied to the United States Copyright Office (defendant) for copyright registration of the koosh ball as a sculptural work, which is a category of works eligible for copyright protection. The Copyright Office examined the koosh ball three separate times and concluded that the koosh ball was essentially a sphere, which is a familiar shape, so it did not embody sufficient creative authorship to warrant copyright registration. OddzOn sued the Copyright Office in the district court under the Administrative Procedure Act, arguing that the refusal to register the koosh ball was arbitrary, capricious, and an abuse of discretion because the unique feel of the ball warranted copyright protection.
Rule of Law
Issue
Holding and Reasoning (Greene, J.)
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